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THE CORPORATION OF THE DISTRICT OF
OAK BAY
ZONING BYLAW 3531
adopted September 22, l986
CONSOLIDATED TO April 27, 2026
Table of Contents
LIST OF AMENDMENTS ............................................................................................................................. V
PART 1 INTRODUCTION .................................................................................................................. 1
1.1
TITLE .......................................................................................................................................... 1
1.2
REPEALS .................................................................................................................................... 1
1.3
CONTENTS ................................................................................................................................. 1
1.4
DIVISIONS .................................................................................................................................. 3
PART 2
INTERPRETATION .................................................................................................................... 4
2.1
DEFINITIONS ............................................................................................................................. 4
2.2
ABBREVIATIONS OF WORDS AND PHRASES ............................................................................ 21
PART 3
BASIC PROVISIONS ............................................................................................................ 22
3.1
APPLICATION ........................................................................................................................... 22
3.2
SEVERABILITY .......................................................................................................................... 22
3.3
ZONES ..................................................................................................................................... 22
3.4
PERMITTED USES OF LANDS, BUILDINGS, STRUCTURES AND THE SURFACE OF THE WATER . 23
3.5
SIZE, SHAPE AND SITING OF BUILDINGS AND STRUCTURES ................................................... 24
3.6
AREA, SHAPE AND DIMENSIONS OF LOTS ............................................................................... 24
3.7
ADMINISTRATION / Violation / Penalties ............................................................................... 24
3.8
EFFECTIVE DATE ...................................................................................................................... 25
PART 4
GENERAL REGULATIONS ........................................................................................................ 26
4.1
Uses of Land, Buildings and Structures, Non-Conforming Use ............................................... 26
4.2
Permitted Uses of Lands, Buildings and Structures ................................................................ 26
4.3
Fire Limits Zone ....................................................................................................................... 29
4.4
OFFENCES ON MULTIPLE LOTS ............................................................................................... 29
4.5
PROOF OF SITING AND HEIGHT .............................................................................................. 29
4.6
REGULATIONS FOR THE SIZE, SITING and floor area ............................................................... 29
4.6.10 30
4.6.11 31
4.7
Height, Exceptions .................................................................................................................. 33
4.8
Temporary Buildings ............................................................................................................... 33
4.9
Buildings for Accessory Use .................................................................................................... 33
4.10
Miscellaneous Structures ........................................................................................................ 33
4.11
OFF-STREET PARKING USE ...................................................................................................... 34
4.12
Location of Parking Facilities ................................................................................................... 34
4.13
Siting of parking facilities .................................................................................................... 36
4.14
Siting of Buildings and Structures ........................................................................................... 37
4.15
Siting of Paved Surfaces .......................................................................................................... 38
4.16
Riparian Area Protection ......................................................................................................... 39
4.17
Retaining Walls ....................................................................................................................... 39
4.18
KEEPING OF POULTRY / BEES ................................................................................................. 40
4.19
SHORT-TERM RENTALS .......................................................................................................... 40
PART 5 ................................................................................................................................................... 42
5.1
PROHIBITED USES OF LANDS, BUILDINGS AND STRUCTURES ............................................... 42
PART 6 ................................................................................................................................................... 45
R-1 - RESIDENTIAL USE .................................................................................................................................. 45
R-2 - RESIDENTIAL USE .................................................................................................................................. 49
R-3 - RESIDENTIAL USE .................................................................................................................................. 53
R-4 - RESIDENTIAL USE .................................................................................................................................. 57
R-5 - RESIDENTIAL USE .................................................................................................................................. 61
PART 7 ................................................................................................................................................... 70
CD-1 - COMPREHENSIVE DEVELOPMENT USE - WATERFRONT HOTEL COMPLEX ........................................ 70
CD-3 - COMPREHENSIVE DEVELOPMENT USE - BOWKER VILLAGE .............................................................. 75
CD-4 - COMPREHENSIVE DEVELOPMENT ZONE - 2326 OAK BAY AVENUE ................................................... 80
CD-5 - COMPREHENSIVE DEVELOPMENT ZONE - 291 KING GEORGE TERRACE ............................................ 86
CD-6 - COMPREHENSIVE DEVELOPMENT ZONE - 2101 SUTHERLAND ROAD ............................................... 88
CD-7 - COMPREHENSIVE DEVELOPMENT ZONE - 57 BEACH DRIVE .............................................................. 91
CD-10 - COMPREHENSIVE DEVELOPMENT ZONE - 1024 TRANSIT ROAD ..................................................... 93
PART 8 ................................................................................................................................................... 95
RM-1LD - LOW DENSITY MULTIPLE DWELLINGS USE ..................................................................................... 95
RM-1MD - MEDIUM DENSITY MULTIPLE DWELLINGS ................................................................................... 97
RM-1HD - HIGH DENSITY MULTIPLE DWELLINGS .......................................................................................... 99
RM-2 - TWO STOREY MULTIPLE DWELLINGS USE ........................................................................................ 101
RM-3 - THREE STOREY MULTIPLE DWELLINGS USE ..................................................................................... 102
RM-3HD -
HIGH DENSITY THREE STOREY MULTIPLE DWELLINGS ....................................................... 103
(BYLAW 4606 - MAY 12/14) ........................................................................................................................... 103
RM-4 - FOUR STOREY MULTIPLE DWELLINGS USE ....................................................................................... 104
RM-8 -
EIGHT STOREY MULTIPLE DWELLINGS USE ........................................................................ 105
RM-MC1 - MULTIPLE DWELLING /COMMERCIAL MIXED USE ..................................................................... 106
RM-MC4 - MULTIPLE DWELLINGS / COMMERCIAL MIXED USE FOUR STOREY ............................................ 108
(BYLAW 4168 - MAY 12/03) ........................................................................................................................... 108
RMS-7 - MULTIPLE DWELLING SUPPORTIVE HOUSING USE -SEVEN STOREY ............................................. 110
(BYLAW 4256 - APR 25/05) ............................................................................................................................ 110
PART 9 ................................................................................................................................................. 112
C-1 - LOCAL COMMERCIAL USE ................................................................................................................... 112
C-2 - COMMERCIAL USE .............................................................................................................................. 115
C-3, ST. 1 -
VILLAGE COMMERCIAL USE - STREET LEVEL ....................................................................... 118
C-3, D. 1 - VILLAGE COMMERCIAL USE - BELOW STREET LEVEL ................................................................... 120
C-3, UP 1 - VILLAGE COMMERCIAL USE - ABOVE STREET LEVEL ................................................................... 122
C3, SP1 - VILLAGE COMMERCIAL USE-MIXED USE ....................................................................................... 124
C-4 - LOCAL COMMERCIAL/ NEIGHBOURHOOD DELI USE ........................................................................... 128
C-5 - LOCAL COMMERCIAL/ NEIGHBOURHOOD DELI USE .......................................................................... 131
PART 10................................................................................................................................................ 134
CS-1 - SERVICE STATION COMMERCIAL USE ................................................................................................ 134
CS-2 - MARINE COMMERCIAL USE............................................................................................................... 135
PART 11................................................................................................................................................ 138
P-1 - GENERAL INSTITUTIONAL USE ............................................................................................................ 138
(BYLAW 4366 - JUN 11/07) ............................................................................................................................. 138
P-2 - SPECIAL INSTITUTIONAL USE ............................................................................................................... 141
(BYLAW 3877 - SEPT - 9/96) .......................................................................................................................... 141
P-3 - COMMERCIAL RECREATION USE ......................................................................................................... 147
P-4 - SEA ZONE USE ..................................................................................................................................... 149
P-5 - CEMETERY USE .................................................................................................................................... 150
(BYLAW 3675 - APR 22/91) ............................................................................................................................ 150
P-6 - GENERAL INSTITUTIONAL/RESIDENTIAL USE ...................................................................................... 151
P-7 - GENERAL INSTITUTIONAL/OFFICE USE ................................................................................................ 153
P-8 - GENERAL INSTITUTIONAL USE-RECREATION CENTRE ......................................................................... 155
P-9 - NEIGHBOURHOOD GENERAL INSTITUTIONAL USE ............................................................................. 157
SCHEDULE "A" ...................................................................................................................................... 160
MINIMUM LOT AREAS, LOT FRONTAGES AND WIDTHS .............................................................................. 160
SCHEDULE "B" ...................................................................................................................................... 162
HEIGHT REGULATIONS FOR ALL R ZONES (PRINCIPAL BUILDING) ............................................................... 162
HEIGHT REGULATLONS FOR R-4 AND R-5 ZONES ......................................................................................... 162
SCHEDULE "C" ...................................................................................................................................... 164
THE UPLANDS INTERIOR SIDE LOT LINE SETBACKS AND TOTAL OF SIDE LOT LINE SETBACKS ...................... 164
SCHEDULE "D" ...................................................................................................................................... 166
SCHEDULE "E" ...................................................................................................................................... 167
ZONING MAP
167
SCHEDULE "F" ...................................................................................................................................... 168
Oak Bay Zoning Bylaw
Office Consolidated to March 23, 2026
v
ZONING BYLAW NO. 3531
LIST OF AMENDMENTS
The following amendments have been incorporated into this printing of the Zoning Bylaw:
Bylaw Number
Adopted
Bylaw Number
Adopted
3544
January 12, 1987
4006
January 11,1999
3547
March 9, 1987
4036
May 25, 1999
3548
May 25, 1987
4022
July 19, 1999
3561
June 22, 1987
4068
March 13, 2000
3568
June 22, 1987
4069
March 13, 2000
3574
July 27, 1987
4074
April 25, 2000
3585
March 14, 1988
4092
September 25, 2000
3589
April 27, 1988
4083
December 11, 2000
3597
June 27, 1988
4108
February 26, 2001
3600
November 28, 1988
4109
February 26, 2001
3607
May 10, 1993
4110
February 26, 2001
3611
May 8, 1989
4112
February 26, 2001
3615
March 13, 1989
4132
November 13, 2001
3643
May 28, 1990
4147
March 25, 2002
3675
April 22, 1991
4160
June 24, 2002
3732
January 11, 1993
4173
November 25, 2002
3733
January 11, 1993
4168
May 12, 2003
3734
January 11, 1993
4195
September 8, 2003
3741
March 22, 1993
4201
February 23, 2004
3761
August 16, 1993
4235
September 27, 2004
3762
August 16, 1993
4243
January 24, 2005
3782
December 20, 1993
4254
March 14, 2005
3791
December 20, 1993
4256
April 25, 2005
3793
February 14, 1994
4281
June 27, 2005
3864
August 14, 1995
4291
March 13, 2006
3899
August 12, 1996
4293
November 14, 2005
3877
September 9, 1996
4295
November 14, 2005
3917
October 15, 1996
4305
April 24, 2006
3897
October 28, 1996
4320
June 11, 2007
3955
October 14, 1997
4335
June 11, 2007
3961
December 22, 1997
4365
June 11, 2007
3963
December 22, 1997
4366
June 11, 2007
3974
March 23, 1998
4367
June 11, 2007
3987
May 11, 1998
4374
September 10, 2007
Oak Bay Zoning Bylaw
Office Consolidated to March 23, 2026
-vi-
ZONING BYLAW NO. 3531
LIST OF AMENDMENTS (continued)
The following amendments have been incorporated into this printing of the Zoning Bylaw:
Bylaw Number
Adopted
Bylaw Number
Adopted
4386
December 17, 2007
4878
July 29, 2024
4390
December 17, 2007
4897
January 27, 2025
4401
March 10, 2008
4900
April 14, 2025
4396
August 18, 2008
4905
May 5, 2025
4984
July 14, 2025
4894
July 14, 2025
4451
January 26, 2009
4926
October 27, 2025
4474
July 20, 2009
4932
November 24, 2025
4486
October 13, 2009
4943
December 8, 2025
4505
April 26, 2010
4948
February 9, 2026
4516
November 22, 2010
4945
March 2, 2026
4530
April 18, 2011
4922
March 9, 2026
4571
November 13, 2012
4953
March 23, 2026
4572
November 13, 2012
4954
April 13, 2026
4592
September 30, 2013
4951
April 27, 2026
4606
May 12, 2014
4627
November 10, 2014
4648
June 22, 2015
4668
September 19, 2016
4680
May 8, 2017
4681
March 13, 2017
4686
May 8, 2017
4689
May 8, 2017
3531.102
February 13, 2018
3531.103
November 13, 2018
3531.104
July 8, 2019
3531.105
January 25, 2021
4817
July 18, 2022
4818
4825
4839
4847
4853
4856
4862
4871
July 18, 2022
September 20, 2022
July 10, 2023
February 26, 2024
March 25, 2024
May 13, 2024
May 13, 2024
June 24, 2024
Oak Bay Zoning Bylaw
Office Consolidated to March 23, 2026
-vii-
OFFICE CONSOLIDATION ONLY
Reference should be made to Bylaw 3531 and subsequent
amendments for legal purposes.
Oak Bay Zoning Bylaw
Office Consolidated to March 23, 2026
-1-
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 3531
A Bylaw to regulate the development and use of land
in the District of Oak Bay
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting assembled,
ENACTS as follows:
PART 1 INTRODUCTION
1.1
TITLE
This Bylaw may be cited as the "Zoning Bylaw, 1986".
1.2
REPEALS
1.2.1
The "Zoning Bylaw, 1974", being Bylaw No. 3066, as amended, is hereby repealed
except as to its application to any acts done before or things existing at this date that
are contrary to the said Bylaw, which Bylaw shall continue to be in force as to such
acts, or things, and nothing herein shall be deemed to validate such acts or things.
1.2.2
The following clauses of the "Uplands Regulations Bylaw, 1977", being Bylaw 3223,
as amended, are hereby repealed except as to their application to any acts done before
or things existing at this date that are contrary to any of the said clauses, which clauses
shall continue to be in force as to such acts, or things, and nothing herein shall be
deemed to validate such acts or things:
Clause 2(1)(a) and (e); Clause 3; Clause 5, except for subclauses (6), (7) and (8); Clause
6; Clause 7; Clause 8; Clause 14; Clause 16 and Clause 18.
1.2.3
The "Size of Lots Bylaw, 1977" being Bylaw No. 3229, as amended, is hereby repealed
except as to its application to any acts done before or things existing at this date that
are contrary to the said Bylaw, which Bylaw shall continue to be in force as to such
acts, or things and nothing herein shall be deemed to validate such acts or things.
1.3
CONTENTS
Part 1
Introduction
Part 2
Interpretation
Part 3
Basic Provisions
Part 4
General Regulations
Part 5
Prohibitions
Part 6
Residential Uses
R-1
Residential Use
R-2
Residential Use
R-3
Residential Use
R-4
Residential Use
-2-
R-5
Residential Use
Part 7
Comprehensive Development Use (Bylaw 4320 - Jun 11/07)
CD-1
Comprehensive Development Use - Waterfront Hotel Complex
CD-3
Comprehensive Development Use - Bowker Village
(Bylaw 4680 - May 8/17)
CD-4
Comprehensive Development Zone - 2326 Oak Bay Avenue
(Bylaw 4847 - Feb 26/24)
CD-5
Comprehensive Development Zone - 291 King George Terrace
(Bylaw 4879 - July 29, 2025)
CD-6
Comprehensive Development Zone - 2101 Sutherland Road
(Bylaw 4897 - January 27, 2025)
CD-7
Comprehensive Development Zone - 57 Beach Drive
(Bylaw 4905 - May 5, 2025)
CD-10
Comprehensive Development Zone - 1024 Transit Road
(Bylaw 4951 - April 27, 2026)
Part 8
Multiple Dwellings Use
RM-1LD
Low Density Multiple Dwellings Use
RM-1MD Medium Density Multiple Dwellings Use
RM-1HD
High Density Multiple Dwellings Use
(Bylaw 4201 - Feb 23/04)
RM-2
Multiple Dwellings Use - Two Storey
RM-3
Multiple Dwellings Use - Three Storey
RM-3HD High Density Three-Storey Multiple Dwellings Use
(Bylaw 4606 - May 12/14)
RM-4
Multiple Dwellings Use - Four Storey
RM-8
Multiple Dwellings Use - Eight Storey
RM-MC1 Multiple Dwelling/Commercial Mixed Use
(Bylaw 4022 - Jul 19/99)
RM-MC4 Multiple Dwellings/Commercial Mixed Use-Four Storey
(Bylaw 4168 - May 12/03)
RMS-7
Multiple Dwelling Supportive Housing Use - Seven Storey
(Bylaw 4256 - Apr 25/05)
Part 9
Commercial Uses
C-1
Local Commercial Use
C-2
Commercial Use
C-3, ST1
Village Commercial Use - Street Level
C-3, D 1
Village Commercial Use - Below Street Level
C-3, UP1
Village Commercial Use - Above Street Level
(Bylaw 3607 - May 10/93)
C-3,SP1
Village Commercial Use-Mixed Use
(Bylaw 4083 - Dec 11/00)
C-4
Local Commercial/Neighbourhood Deli Use
(Bylaw 3998 - Sept 28/98)
C-5
Local Commercial/Neighbourhood Deli Use
(Bylaw 4386 - Dec 17/07)
Part 10 Commercial Uses
CS-1
Service Station Commercial Use
-3-
CS-2
Marine Commercial Use
Part 11
Institutional Uses
P-1
General Institutional Use (Bylaw 4305 - Apr 24/06)
P-2
Special Institutional Use
P-3
Commercial Recreation Use
P-4
Sea Zone Use
P-5
Cemetery Use (Bylaw 3675 - Apr 22/91)
P-6
General Institutional/Residential Use
(Bylaw 3961 - Dec 22/97) (Bylaw 4305 - Apr 24/06)
P-7
General Institutional/Office Use
(Bylaw 4036 - May 25/99) (Bylaw 4305 - Apr 24/06)
P-8
General Institutional Use-Recreation Centre
(Bylaw 4147 - Mar 25/02(Bylaw 4305 - Apr 24/06)
P-9
Neighbourhood General Institutional Use
(Bylaw 4235 - Sept 27/04) (Bylaw 4305 - Apr 24/06)
1.4
DIVISIONS
The divisions of this Bylaw have been formed to conform to the "Interpretation Act",
as follows:
Part
1
Section
1.4
Subsection
1.4.3
Paragraph
1.4.3.(6)
Sub-paragraph
1.4.3.(6)(a)
Clause
1.4.3.(6)(a)(ii)
Oak Bay Zoning Bylaw
[4]
DEFINITIONS
PART 2
INTERPRETATION
2.1
DEFINITIONS
In this Bylaw, except as specifically otherwise defined herein:
"ACCESSORY BUILDING" means a building of secondary use; the uses of such
buildings are limited to that of a garage, carport, toolshed, greenhouse, gazebo or
enclosed swimming pool. (Bylaw 3864 - Aug 14/95)
"ACCESSORY OFF-STREET LOADING USE" means an accessory use providing
for the loading needs generated by a permitted use on the same lot.
"ACCESSORY OFF-STREET PARKING USE" means an accessory use providing
for the parking required by this Bylaw for the permitted use on the same lot; includes
parking spaces and turning areas for access to such spaces and access driveways.
"ACCESSORY STRUCTURE" means a secondary structure used for an
accessory use.
"ACCESSORY UNENCLOSED STORAGE USE" means an accessory use providing
for the storage of goods or things utilized by the principal use on a lot when such
storage is not within a building.
"ACCESSORY USE" means:
(a)
a use which is ancillary to a principal building, or use of a principal building
situated on the same lot; or
(b)
a use which is ancillary to a principal use being made of the lot upon which such
accessory use is located.
"AGRICULTURE" means a use of land, a building or a structure for:
(a)
the care, breeding, training or raising of livestock including any farm animal
and any other animal raised for meat, fur, wool, hide, feather, organ or other
body part, fluid or essence production;
(b)
egg production, or the raising, care or breeding of poultry, for sale or exchange
for money or other valuable consideration;
(c)
honey production, or the raising, care or breeding of bees, for sale or exchange
for money or other valuable consideration;
(d)
the raising of insects for biological pest control; and
(e)
the cultivation, production or harvesting of fruit, vegetables, grains, oilseed,
trees, shrubs, flowers, plants, seedlings, herbs, seeds, turf, forage or fodder, for
sale or exchange for money or other valuable consideration.
(Bylaw 4132 - Nov 13/01)
"ALLOTMENT GARDENS" means land divided into garden plots allocated to
Oak Bay Zoning Bylaw
[5]
DEFINITIONS
individuals for the cultivation of vegetables, herbs, vine-borne fruits, or flowers.
(Bylaw 4428 - Sept 29/08)
"ANTENNA" means a conductive apparatus used for sending or receiving
electromagnetic waves, and includes a supporting tower. (Bylaw 4293 - Nov 14/05)
"APARTMENT USE" means a residential use where the building is divided into not
less than three (3) dwelling units, each of which is occupied, or intended to be
occupied, as a permanent home or residence of one (1) family as distinct from a hotel,
guest house or shared accommodation.
"APPROVED DWELLING UNIT" means a dwelling unit that has been completed
pursuant to an approved building permit. (Bylaw 4922 - Mar 9/26)
"APPROVING OFFICER" means that person duly authorized by the Municipal
Council to act as the Approving Officer pursuant to the provisions of the Land Title
and Local Government Acts. (Bylaw 4112 - Feb 26/01)
"AQUATIC LAND" means foreshore and land covered by water, but excludes District
Lot 251, being part of the Bed of Oak Bay, Victoria District.
(Bylaw 3782 - Dec 20/93)
"ASSEMBLY USE" means a use of land for churches, church halls, meeting and
community halls, schools, education in the fine arts and the performing arts,
preschools, day care centres, kindergartens and long-term care institutions.
(Bylaw 4305 - Apr 24/06)
"ASSISTED LIVING SERVICES" means personal care that takes place in a housing
setting and includes assistance with medication, bathing, dressing, and mobility.
(Bylaw 4168 - May 12/03)
"AUTOMOBILE ACCESSORY" includes any device or thing customarily attached to
or carried within a motor vehicle for the purpose of improving the mechanical
operation, enhancing the appearance or increasing the safety of such motor vehicle.
"AUTOMOBILE COMMERCIAL USE" means a use providing for the retail sale of
automobiles, trucks, automobile parts and accessories and shall include facilities to
service, wash or repair automobiles; excluding gas pumps.
"AUTOMOBILE REPAIR SHOP" means a building used or intended to be used for
repairs to licensed motor vehicles, but shall not include motor vehicle manufacture or
body repairs.
"BALCONY" means part of a building floor area projecting from the exterior walls of
the building, but not forming part of an abutting room.
"BASEMENT" means that part of a building having its floor level below average
natural grade. (Bylaw 4648 - Jun 22/15)
"BEE" means the insect Apis Mallifera. (Bylaw 4592 - Sept 30/13)
"BOARDING USE" means the sharing of the principal building, as a single dwelling
unit, by the family of the owner, or lessee, with not more than two (2) other unrelated
persons; but excludes transient accommodation, separate suites, independent
accommodation, and short-term rentals. (Bylaw 4922 - Mar 9/26).
Oak Bay Zoning Bylaw
[6]
DEFINITIONS
"BOATHOUSE" means a floating structure used to provide shelter for the protected
moorage of marine vessels, with or without storage of associated supplies and
equipment. (Bylaw 3782 - Dec 20/93) (Bylaw 4474 - Jul 20/09)
"BUILDING" means a structure wholly or partly enclosed by a roof or roofs, supported
by walls, columns or posts and used for the shelter or accommodation of persons,
animals or chattels and includes a portion or portions of a building and in addition
includes chimneys, steeples, porches, balconies, verandas, enclosed stairs, patios with
any point higher than 0.6 m above average natural grade, and attached decks.
(Bylaw 3561- Jun 22/87) (Bylaw 4648 - Jun 22/15)
"BUILDING AREA" means the greatest horizontal area of the building above grade.
(Bylaw 3544 - Jan 12/87)
"BUILDING, FRONT LINE OF" means that side of a rectangle that encloses the
building coverage that is nearest to the front lot line.
Definitions continue to the next page...
Oak Bay Zoning Bylaw
[7]
DEFINITIONS
"BUILDING HEIGHT" means the vertical distance between grade and the top of the
highest exterior wall of the building, including parapets, dormer walls and roofs with a
slope of more than sixty degrees (60°) to the horizontal; but excluding gable end walls
as shown on the included diagrams.
(Bylaw 3568 - Jun 22/87) (Bylaw 4648 - Jun 22/15)
"BUILDING, REAR LINE OF" means that side of a rectangle that encloses the building
coverage that is nearest to the rear lot line.
"BUILDING, SIDE LINE OF" means those sides of a rectangle that enclose the building
coverage that are nearest to the side lot line or exterior side lot line.
"BUILDING, TEMPORARY" means a building (except an accessory building) not having
its exterior walls supported on concrete or masonry foundations or walls, and includes boat
shelters, skid shacks, huts, trailers or any other similar types of portable buildings or
structures, whether or not the same be placed on foundations or affixed to the land in any
way, but shall not include storage buildings less than 2 m (6.5 feet) in height.
"BUS SHELTER" means a structure intended to shelter bus patrons which is situate on
land which adjoins a bus stop in ordinary use by buses operated by an urban transit
authority. (Bylaw 4110 - Feb 26/01) (Bylaw 4305 - Apr 24/06)
"CANNABIS" means cannabis as defined in the federal Cannabis Act.
(Bylaw 3531.103 - Nov 13/18)
Oak Bay Zoning Bylaw
[8]
DEFINITIONS
"CANNABIS CONSUMPTION LOUNGE" means the use of a building or structure for
the sale and service to customers of cannabis, cannabis products, and equipment and
paraphernalia for the consumption and use of cannabis and cannabis products, which are
primarily intended to be consumed or used on-site, and includes the accessory sale of
goods, wares, personal merchandise, articles, or things incidental to the provision of such
services. (Bylaw 3531.103 - Nov 13/18)
"CAPITAL HEALTH REGION" (Repealed - Bylaw 4305 - Apr 24/06)
"CELLAR" means that part of a building having its floor level more than 1.5 m (4.9 feet)
below grade.
"CEMETERY USE" means a use of land as a place of interment of human remains, or to
memorialize the deceased, or both. (Bylaw 3675 - Apr 22/04)
"CHURCH" means a building which is set apart for public religious worship.
(Bylaw 4305 - Apr 24/06)
"CHURCH HALL" means a building which is ancillary to a church use but which
otherwise has the same meaning as "community hall." (Bylaw 4305 - Apr 24/06)
"CIVIC USE" (Repealed - Bylaw 4305 - Apr 24/06)
"CLUB" means a building or establishment used by an association or organization for
fraternal, social or recreational purposes.
"COMMERCIAL VEHICLE" means a motor vehicle
(a)
upon which there is displayed a valid and subsisting commercial licence plate issued
pursuant to the Commercial Transport Act; and which either
(b)
(i)
has a net weight in excess of 2,650 kilograms;
(ii)
has a gross vehicle weight in excess of 4,400 kilograms;
(iii) has an overall length in excess of 6.4 metres;
(iv) has an overall height in excess of 2.4 metres; or
(v)
displays any lettering, numbering, insignia or graphics indicating a connection
with a trade or business. (Bylaw 3963 - Dec 22/97)
"COMMUNITY CENTRE" means a facility which provides meeting space, instruction in
arts, crafts, culture, health, life skills or other programs designed to promote individual
wellness, but which does not offer amusements involving the betting of money or valuables
on a game or activity that has an uncertain outcome, nor does it include an arcade featuring
amusement machines operated by coin or token. (Bylaw 4305 - Apr 24/06)
"COMMUNITY HALL" means a building which is used for meetings, lectures, social and
cultural functions and other non-commercial assembly purposes, in which there does not
take place any activity involving the betting of money or valuables on a game or activity
that has an uncertain outcome, nor any game requiring payment to play except on not more
than four (4) days in any calendar year and where directly ancillary to a permitted assembly
use other than a hall use. (Bylaw 4305 - Apr 24/06)
"COMMUNITY PLAN" means an expression of Council policy for any use or uses of land
or the pattern of subdivision of land, and it may be expressed in maps, plans, reports or any
combination thereof.
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[9]
DEFINITIONS
"CONGREGATE HOUSING" means
(a)
the sharing of a building of residential use by three or more unrelated persons along
with domestic serving support of not more than two persons; or
(b)
a facility that provides temporary residential accommodation for persons who have
a family relation to a person who is receiving treatment at a medical facility within
the Capital Regional District and where accommodation for not more than two
domestic serving support is provided.
(Bylaw 4069 - Mar 13/00) (Bylaw 4305 - Apr 24/06)
"CONTEXTUAL LOT" (Repealed - Bylaw 4871- Jun 24/24)
"CORNER LOT" means a lot at the intersection or conjunction of two (2) or more streets
or branches of a street. (Bylaw 3585 - Mar 14/88)
"CORPORATION" means The Corporation of the District of Oak Bay.
"COUNCIL" means the Municipal Council of The Corporation of the District of Oak Bay.
"COVERAGE" means the area covered by all parts of a building or structure, including
balconies, bay windows and sundecks; but excluding belt courses, sills, cornices, eaves,
gutters and fire escapes. (Bylaw 4335 - Jun 11/07)
"dB (A)" means the sound pressure level, measured in decibels, as indicated on the 'A' scale
of a sound level meter conforming to ANSI S1.4-1971 - as revised.
"DENSITY" is measured by number of dwelling units, floor area ratio, unit ratio, and, for
the purpose of Section 3.6.1, lot area. (Bylaw 3741 - Mar 22/93) (Bylaw 3864 - Aug
14/95) (Bylaw 4335 - Jun 11/07) (Bylaw 4871 - Jun 24/24)
"DEVELOPER" means the subdivider, his contractor or his agent, appointed in writing.
"DIRECTOR" means the Director of Building and Planning, as designated by Council.
"DIRECTOR OF ENGINEERING" means the Director of Engineering Services, as
designated by Council. (Bylaw 4305 - Apr 24/06)
"DOUBLE FRONTAGE LOT" means a lot which has two (2) opposite lot lines that
abut streets.
"DWELLING UNIT, ACCESSORY" means a self-contained Dwelling Unit within a
building of secondary use which contains sleeping facilities, sanitary facilities, and
cooking facilities that are for the exclusive use of the occupant(s), and is located in a
building smaller than a Principal Building located on the same lot, and may be situated
above a detached garage. (Bylaw 4871 - Jun 24/24; Bylaw 4894 - July 14, 2025)
"DWELLING, ONE FAMILY" (Repealed - Bylaw 4825 - Sept 20/22)
"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. (Bylaw 4825 - Sept 20/22) (Bylaw 4871 - Jun 24/24)
Oak Bay Zoning Bylaw
[10]
DEFINITIONS
"DWELLING, TWO-UNIT" means a principal building used exclusively for residential
purposes and consisting of two (2) primary dwelling units, and each primary dwelling unit
in a Two-Unit Dwelling may include one fully enclosed Secondary Suite as an independent
dwelling unit located within the principal building.
(Bylaw 4853 - Mar 25, 2024) (Bylaw 4871 - Jun 24/24)
"DWELLING, DUPLEX" (Repealed - Bylaw 4871 - Jun 24/24)
"DWELLING, MULTIPLE-UNIT" means a principal building consisting of three (3) or
more dwelling units. (Bylaw 4871 - Jun 24/24)
"DWELLING UNIT" means one (1) or more habitable rooms used for residential purposes
where such room or rooms contain or provide for the installation of only one (1) set of
cooking facilities and one (1) or more sets of sanitary facilities. (Bylaw 4871 - Jun 24/24)
"EXTERIOR LOT LINE" means a lot line that abuts a street.
"EXTERIOR SIDE YARD" means that portion of the lot extending from the front lot line
to the rear lot line, between the exterior side lot line and a line or lines drawn parallel
thereto; the width of such yard to be measured as the perpendicular distance between the
exterior side lot line and said parallel line or lines, which shall be equal to the required
exterior side lot line setback. (Bylaw 3643 - May 28/90)
"FAMILY" means either
(a)
one or more individuals all related to one another by blood, marriage, legal adoption,
legal guardianship or as legal foster children, or
(b)
a maximum of three unrelated individuals living together as a household.
For the purposes of this definition, two people living together in a common-law
relationship shall be deemed to be in a marriage relationship and each of the blood relatives
of the parties to a common-law relationship shall be considered to be related to the partners
and to the other blood relatives thereof. (Bylaw 4069 - Mar 13/00)
For the purposes of this definition, a family also includes one caregiver providing services
to the household. (Bylaw 4825 - Sept 20/22)
"FARM ANIMAL" means a domesticated animal normally raised for food, milk or as a
beast of burden and without limiting the generality of the foregoing includes cattle, horses,
swine, sheep, ostriches, goats, mules, donkeys, asses and oxen. (Bylaw 4132 - Nov 13/01)
"FINANCIAL INSTITUTION USE" means the use of a floor area, or part thereof, of a
building for the purposes of banking, investing, investment counseling and similar uses,
and without restricting the generality of the foregoing, includes banks, trust companies,
credit unions, investment dealers, investment advisors, investment managing, financial
planners, financial advisors, accountants' offices, financiers and lending offices.
(Bylaw 3607 - May 10/93)
"FLOOR AREA" means the total area of a building that has a clear height above the floor
of more than 1.2m (3.9 ft) measured from the exterior face of the structural system of the
exterior and basement walls, and includes the space occupied by interior walls and
partitions, but excludes exterior wall thickness in excess of 0.165 metres (6.5 inches) up to
a maximum exclusion of 0.305 metres (12 inches) provided that the wall thickness is
Oak Bay Zoning Bylaw
[11]
DEFINITIONS
utilized for the provision of insulating materials and/or protection against wind, water and
vapour." (Bylaw 3561 - Jun 22/87) (Bylaw 4335 - Jun 11/07, Bylaw 4900 - April 14,
2025)
"FLOOR AREA RATIO" means the figure obtained when the gross floor area of all
buildings on a lot is divided by the area of the lot.
(Bylaw 3741 - Mar 22/93) (Bylaw 4335 - Jun 11/07) (Bylaw 4871 - Jun 24/24)
"FRONT YARD" means that portion of the lot extending from one side lot line to the other
side lot line, between the front lot line and a line or lines drawn parallel thereto; the depth
of such yard to be measured as the perpendicular distance between the front lot line and
said parallel line or lines, which shall be equal to the required front lot line setback.
(Bylaw 3643 - May 28/90)
"FRONTAGE" means the length of that portion of the front lot line, as designated pursuant
to Section 4.14, which is common to the lot and the street, save that in the case of a
panhandle lot, the frontage shall mean that portion of the access strip boundary which is
common to the lot and the street. (Bylaw 3597 - Jun 27/88)
"GARAGE" means an accessory building with more than 50% of its total perimeter
enclosed by solid walls or doors, designed or used for the parking of one or more vehicles,
boats or trailers; or a portion of a principal building so designed or used.
(Bylaw 4006 - Jan 11/99)
"GENERAL INSTITUTIONAL USE" means the use of land for: legislative chambers, and
offices, archives and meeting rooms ancillary thereto; parks; playgrounds; playing fields,
and change rooms, washrooms, meeting rooms, sports equipment storage facilities, score
booths and bleachers ancillary thereto; police and fire stations; community centres;
allotment gardens; schools; universities; colleges; kindergartens; pre-schools; child day
care centres; recreation centres; circulating libraries; works or facilities appurtenant to
community water distribution systems, community sewage collection systems and
community storm water collection systems; and includes the use of land covered by water
for a breakwater. (Bylaw 4305 - Apr 24/06) (Bylaw 4428 - Sept 29/08)
"GRADE" means the mean elevation of natural grade calculated from the four corners of
the smallest rectangle that will encompass the building coverage, but excludes decks. The
mean elevation of natural grade for deck height will be calculated from the four corners of
the smallest rectangle that will encompass the deck only.
(Bylaw 3561 - Jun 22/87) (Bylaw 4648 - Jun 22/15)
"GROSS FLOOR AREA" means the total Floor Area of all floors of a building measured
to the exterior face of the structural system of the exterior and basement walls, and includes
the space occupied by interior walls and partitions, but excludes exterior wall thickness in
excess of 0.165 metres (6.5 inches) up to a maximum exclusion of 0.305 metres (12 inches)
provided that the wall thickness is utilized for the provision of insulating materials and/or
protection against wind, water and vapour and specifically excludes decks less than or
equal to 1.2 m above natural grade." (Bylaw 3741 - Mar 22/93) (Bylaw 4648 - Jun 22/15,
Bylaw 4900 April 14, 2025)
"GROUP HOME USE" (Repealed - Bylaw 4305 - Apr 24/06))
"HABITABLE ROOM" means a room used for living, sleeping, recreation, eating or food
preparation and excludes bathrooms, utility rooms, workrooms, furnace rooms, storage
rooms, closets, pantries, bath or toilet rooms, enclosed hallways, laundry rooms and similar
spaces.
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[12]
DEFINITIONS
"HEIGHT" with reference to a structure other than a building or a retaining wall, means
the vertical distance measured from natural grade to the top of the structure.
(Bylaw 4505 - Apr 26/10)
"HEAT PUMP" means a device which has the capacity to transfer heat from the air outside
a building or structure to the air inside a building or structure or vice versa, by means of a
compressible refrigerant and includes an air conditioner, condenser, compressor,
refrigeration unit and all equipment and devices accessory thereto.(Bylaw 4900, April 14,
2025)
"HIGH WATER MARK" means the visible high water mark of a stream where the
presence and action of the water are so common and usual, and so long continued in all
ordinary years, as to mark on the soil of the bed of the stream a character distinct from that
of its banks, in vegetation, as well as in the nature of the soil itself, and includes the active
floodplain. (Bylaw 4281 - Jun 25/05)
"HOME-BASED CHILD CARE" means a program of supervision provided to children,
licensed under the Community Care and Assisted Living Act, in which the licensee
personally provides care, within the licensee's personal residence, to only one group of
children, with the group size not exceeding 8 children including any child under 12 years
of age who is a member of the group and is related by blood or marriage to the licensee.
"HOSPITAL" (Repealed - Bylaw 4305 - Apr 24/06)
"HOSPITAL, PRIVATE" (Repealed - Bylaw 4305 - Apr 24/06)
"HOTEL USE" means a use of a building (or part thereof) with common enclosed corridors
and tourist unit entrances, for the temporary lodging of the general public, wherein payment
for occupancy is on a daily or weekly basis, which includes an entrance lobby open to the
public, an office with a guest register and an attendant on duty at all times, and
housekeeping services. (Bylaw 4320 - Jun 11/07)
"HOTEL" (Repealed - Bylaw 4320 - Jun 11/07)
"IMPERMEABLE SURFACE COVERAGE" means an area of land covered by any
surface that prevents or impedes the entry of water into the soil and causes water to run or
flow off surfaces. This includes but is not limited to constructed surfaces such as buildings
and structures, asphalt, concrete, roof shingles, brick pavers but does not include lawn, live
landscaping, hard surfacing with permeable elements such as gravel, rocks, wood chips,
bark mulch, and manufactured permeable pavers with permeable joints and/or cells, or any
other material that is deemed permeable by the Director of Planning. (Bylaw 4894 - July
14, 2025)
"KINDERGARTEN" (Repealed - Bylaw 4305 - Apr 24/06)
"LANE" means a public thoroughfare or way which affords only secondary means of
access to a lot usually at the side or rear of the lot.
"LIMITED OFFICE USE" means the use of a floor area, or part thereof, of a building for:
(a)
technical, scientific, architectural, design, legal, management, communications,
business, educational, cultural or general professional consulting services;
(b)
physical or mental health services to persons on an out-patient basis;
Oak Bay Zoning Bylaw
[13]
DEFINITIONS
(c)
research and development not involving manufacturing or assembly; and
(d)
management, administrative or clerical support services to off-site business or
noncommercial operations,
but which use does not include "Financial Institution Use" nor extends to the sale of
products, goods, wares or merchandise on site." (Bylaw 4036 - May 25/99)
"LIMITED RECYCLING DEPOT USE" means a use of land for the receiving, sorting and
transferring of recyclable plastics, recyclable electronics, or both.
(Bylaw 4366 - Jun 11/07)
"LIQUOR" means
(a) fermented, spirituous and malt liquors;
(b) combinations of liquors; and
(c)
drinks and drinkable liquids that are intoxicating, with any drink or drinkable liquid
containing more than 1% alcohol by volume being deemed to be intoxicating,
and includes beer, or a substance that, by being dissolved or diluted is capable of being
made a drinkable liquid that is intoxicating and that is declared by order of the Lieutenant
Governor in Council to be liquor. (Bylaw 4195 - Sept 8/03)
"LIQUOR RETAIL SALE USE" means the use of a floor area, or part thereof, of a building
for the purpose of selling or offering for sale bottled or canned liquor to consumers for off-
premises consumption. (Bylaw 4195 - Sept 8/03)
"LIVE LANDSCAPING COVERAGE" means an area of land covered by soft landscaping
elements planted directly into the ground at grade, such as trees, shrubs, plants, ornamental
plantings or lawn, that are capable of healthy growth with the purpose of masking and
separating uses, and protecting the natural environment. (Bylaw 4871 - Jun 24/24)
"LONG-TERM CARE INSTITUTION" means an institution in which the primary
function is the provision of nursing services for the care in residence of persons who by
reason of age, chronic illness or infirmity are unable to care for themselves, and who
require the availability of such services on a twenty-four hour per day basis but who do not
require the intensive or extensive care normally provided in an acute care hospital.
(Bylaw 4305 - Apr 24/06)
"LOT" means an area of land designated as a separate and distinct parcel on a legally
recorded subdivision plan or description filed in the Land Title Office.
"LOT AREA" means the total area on a horizontal plane within the lot lines of a lot.
"LOT BREADTH" means the length of a straight line
(a)
drawn parallel to a straight line connecting the endpoints of the front lot line;
(b)
drawn entirely within the boundaries of the lot outside of the front yard;
(c)
extending from one side lot line to the other side lot line; and
(d)
intersecting at no less than one point the line or lines delineating the front yard.
(Bylaw 3643 - May 28/90)
"LOT COVERAGE" means the coverage expressed as a percentage of the lot area, which
for the purpose of applying the lot coverage regulations set out in Parts 6 through 11 shall
Oak Bay Zoning Bylaw
[14]
DEFINITIONS
mean the combined coverage of all buildings within a particular class of building, the
combined coverage of all buildings, the combined coverage of all structures, or the
combined coverage of all buildings and structures, as the context requires.
(Bylaw 4451 - Jan 26/09) (Bylaw 4648 - Jun 22/15)
"LOT DEPTH" means the average distance between the front lot line and rear lot line of a
lot. (Bylaw 4681 - Mar 13/17)
"LOT, INTERIOR" means a lot other than a corner lot.
"LOT LINE" means any line forming part of the legally defined boundary of any lot.
(Bylaw 3585 - Mar 14/88)
"LOT WIDTH" means the shortest horizontal distance measured perpendicularly from any
straight part of one side lot line to any part of another side lot line.
(Bylaw 3597 - Jun 27/88)
"LOUNGE USE" includes a Restaurant Use but may include in addition the operating of
an establishment licensed pursuant to the Liquor Control and Licensing Act whose primary
purpose is the sale and service of liquor for consumption on the premises.
(Bylaw 4195 - Sept 8/03)
"MARINA" means a facility which provides marine docks, berths, and moorings.
(Bylaw 3782 - Dec 20/93) (Bylaw 4305 - Apr 24/06)
"MARINA ADMINISTRATION OFFICES" means offices for the administration,
accounting, sales and marketing of a marina and can include offices for the booking of
off- site tourist business. (Bylaw 3782 - Dec 20/93)
"MARINE INSTRUCTION USE" means the instruction in the proper use and handling of
small boats, and includes the storage of dinghies and kayaks, and structures ancillary
thereto. (Bylaw 3782 - Dec 20/93) (Bylaw 4305 - Apr 24/06)
"MARINE-ORIENTED RECREATIONAL USE" means booking, registration, outfitting
and commercial transactions associated with marine tours, diving expeditions, kayaking,
sailing and other boat excursions. (Bylaw 4320 - Jun 11/07)
"MARINE SERVICE FACILITIES" means those facilities ancillary to the operation of a
marina, including marine vessel construction and repair, boat rental and brokerage,
laundry, shower and public washroom facilities, marine tackle and chandlery sales and
rental, including marine hardware, clothing, footwear, safety devices, accessories, and
consumable supplies related to marine use. (Bylaw 3782 - Dec 20/93)
"MARINE TOUR" means a waterborne day cruise. (Bylaw 3782 - Dec 20/93)
"MEAN," in reference to distance or elevation, shall mean the average between the
referenced measurements or extremes.
"MEETING HALL" has the same meaning as "community hall."
(Bylaw 4305 - Apr 24/06)
"MOTOR HOME" means a motor vehicle designed or used primarily for accommodation
during travel or recreation, but does not include a motor vehicle that has mounted upon it
a detachable structure designed or used primarily for accommodation during travel or
recreation. (Bylaw 4006 - Jan 11/99)
Oak Bay Zoning Bylaw
[15]
DEFINITIONS
"MUNICIPALITY" means the area within the geographic boundaries of the District of Oak
Bay.
"NATURAL BOUNDARY" means:
(a)
the visible high-water mark of any lake, river, stream or other body of water where
the presence and action of the water are so common and usual and so long continued
in all ordinary years as to mark upon the soil of the bed of the lake, river, stream or
other body of water a character distinct from that of the banks thereof in respect to
vegetation, as well as in respect to the nature of the soil itself; or
(b)
the boundary as shown on a plan registered in the Land Title Office.
"NEIGHBOURHOOD DELI USE" means a use providing for the self-serve consumption
of bakery goods, deli items or beverages which have been prepared on the premises, but
does not include a Neighbourhood Public House Use or a take-away liquor service.
(Bylaw 3998 - Sept 28/98) (Bylaw 4195 - Sept 8/03)
"NEIGHBOURHOOD PUBLIC HOUSE USE" means the use of premises for the
operation of an establishment licensed pursuant to the Liquor Control and Licensing Act
whose primary purpose is the sale and service of liquor for consumption on the premises,
but does not include a "Liquor Primary Club" licensed establishment within the meaning
of the Liquor Control and Licensing Regulation (B.C. Reg. No. 244/2002) under the
said Act. (Bylaw 4195 - Sept 8/03)
"NON-CONFORMING" means any building, structure or use which does not conform
with all the regulations of the Bylaw, or any amendment thereto, for the zoning district in
which such building or use is located and which existed at the effective date of this Bylaw.
"OCCUPANCY" means the use or intended use of a parcel of land or building or a part
thereof for the shelter or support of persons, animals or property.
"OCCUPIABLE HEIGHT" (Repealed - Bylaw 4871 - Jun 24/24)
"OFF-STREET PARKING USE" means a use of land for the parking of vehicles at grade.
(Bylaw 4305 - Apr 24/06)
"OPEN SPACE" means the portions of a lot which are unoccupied and unobstructed by
any structure from the ground upward. (Bylaw 4627 - Nov 10/14)
"OUTDOOR PRODUCE MARKET USE" means the retail sale and display of produce,
not within a building. (Bylaw 4428 - Sept 29/08)
"PANHANDLE LOT" means a lot, the building area of which is serviced, and which gains
access to the street through the use of a relatively narrow strip of land which is an integral
part of the lot.
"PARCEL" means a lot, block or other area in which land is held or into which land is
subdivided.
"PARK" means a parcel or tract of land dedicated, reserved or held as a place for the resort
of the public primarily for outdoor recreation, air and light, or for the preservation of the
natural environment. (Bylaw 4305 - Apr 24/06)
"PARKING SPACE" means a space within a building or a parking area for the parking of
one (1) vehicle; excluding driveways and ramps.
Oak Bay Zoning Bylaw
[16]
DEFINITIONS
"PAVED SURFACE" means an area of land surfaced by asphalt, macadam, concrete,
interlocking bricks, paving stones, gravel or other similar material.
(Bylaw 3917 - Oct 15/96)
"POULTRY" means any bird normally raised for food or egg production, but does not
include bantams and without limiting the generality of the foregoing includes chickens,
turkeys, geese, ducks, or artificially reared grouse, partridge, quail, pheasant, or
ptarmigan. (Bylaw 4592 - Sept 30/13)
"PRINCIPAL BUILDING" means a building that contains floor space, the majority of
which is used for the permitted principal use on a lot.
"PRINCIPAL RESIDENCE" means the residence in which an individual resides for a
longer period of time in a calendar year than any other place. (Bylaw 4922 - Mar 9/26)
"PRINCIPAL USE" means the main purpose for which land, buildings or structures may
be legally used.
"PRODUCE" means fruits, herbs, vegetables, grains and honey.
(Bylaw 4428 - Sept 29/08)
"PROFESSIONAL ENGINEER" means a person who is registered or duly licensed as such
under the provisions of the Engineering Profession Act.
"PUBLIC SERVICE USE" (Repealed - Bylaw 4305 - Apr 24/06)
"RAVINE" means a narrow, steep-sided valley that is commonly eroded by running water
and has a slope grade greater than 3:1. (Bylaw 4281 - Jun 27/05)
"REAL ESTATE OFFICE USE" means the use of a floor area, or part thereof, of a building
for the purposes of providing professional services to buyers and sellers of property
consisting of land and any buildings, structures or resources attached to it and includes:
brokerages, agencies, property management companies and appraisers. (Bylaw 4932 - Nov
24/25)
"REAR YARD" means that portion of the lot extending from one side lot line to the other
side lot line, between the rear lot line and a line or lines drawn parallel thereto; the depth
of such yard to be measured as the perpendicular distance between the rear lot line and said
parallel line or lines, which shall be equal to the required rear lot line setback from the
Principal Building.
(Bylaw 3643 - May 28/90, Bylaw 4894 - July 14, 2025)
"RECREATION CENTRE" means an indoor facility which, along with any physical
recreation programs which may be provided on a pre-registration basis, provides physical
recreation opportunities, such as swimming, skating, strength or aerobic training and
general sports activities, to the public on a drop-in basis. (Bylaw 4305 - Apr 24/06)
"RECYCLABLE ELECTRONICS" means televisions and computer monitors, computer
keyboards, computer mice, telephones, computer printers, computer scanners,
photocopiers, household audio equipment, household video equipment, computers and
electric typewriters. (Bylaw 4366 - Jun 11/07)
"RECYCLABLE PLASTICS" means:
Oak Bay Zoning Bylaw
[17]
DEFINITIONS
(a)
rigid plastic containers and rigid plastic packaging consisting of and identified by the
Society of Plastics, Inc., with symbols (or without symbols) 1 to 7 as follows:
polyethylene terephthalate (PET) {1}; high density polyethylene (HDPE) {2};
polyvinyl chloride (PVC) {3}; low density polyethylene (LDPE) {4}; polypropylene
(PP) {5}; polystyrene (PS){6}; and other {7};
(b)
polyethylene terephthalate (PET) foam packaging;
(c)
high density polyethylene (HDPE) products of the following types: cereal box
inserts, grocery, trash and retail sales bags, buckets, crates, flower pots, bins, film
and sheeting, and lumber substitutes;
(d)
polyvinyl chloride (PVC) products of the following types: cassette cases, medical
tubing, wire and cable insulation, pipes and fittings, window frames, carpet underlay,
traffic cones, floor mats, paneling and garden hoses;
(e)
low density polyethylene (LDPE) products of the following types: dry cleaning bags,
bread and frozen food bags, garbage cans and lids, film and sheeting, bins and
paneling;
(f)
polypropylene (PP) products of the following types: brooms and rakes, ice scrapers,
funnels, bins, pallets and sheeting;
(g)
polystyrene (PS) products of the following types: electronic data storage media and
jackets, plates, cutlery and utensils, wall switch plates, desk trays and rulers, licence
plate frames, foam packing blocks and chips, foam insulation, foam egg cartons,
foam meat trays and cups;
(h)
polyurethane foam; and
(i) recyclable items produced principally for household use, of chemical composition or
structure similar to those described in subparagraphs (a) through (h).
(Bylaw 4366 - Jun 11/07)
"RESIDENTIAL BUSINESS" means an occupation or profession carried on as a business,
which is carried on by the resident of a dwelling unit; and such business is clearly incidental
to the use of a dwelling unit for residential purposes.
"RESIDENTIAL FLOOR AREA" means the sum of the internal Floor Area of all dwelling
units in a building; but excludes:
(a)
balconies
(b)
common stairwells
(c)
elevator shafts
(d)
common corridors
(e)
cellars
(f)
concealed parking areas
(g)
common recreation or service facilities; and
(h)
exterior wall thickness in excess of 0.165 metres (6.5 inches) up to a maximum
exclusion of 0.305 metres (12 inches) provided that the wall thickness is utilized for the
provision of insulating materials and/or protection against wind, water and vapour."
(Bylaw 4900 - April 14, 2025)
"RESIDENTIAL USE" means a use providing for the accommodation and home life of a
person or persons.
"RESTAURANT" means a building or part of a building wherein food and beverages are
partaken and includes coffee shops and tearooms, but does not include a Neighbourhood
Public House Use or a take-away liquor service. (Bylaw 4195 - Sept 8/03)
Oak Bay Zoning Bylaw
[18]
DEFINITIONS
"REST HOME" (Repealed - Bylaw 4305 - Apr 24/06)
"RETAIL USE" means the use of a floor area, or part thereof, of a building for the purpose
of selling or offering for sale to consumers, goods, wares and merchandise but excluding
automobiles, automobile parts and Liquor Retail Sale Use or any sale of liquor whatsoever.
(Bylaw 3607 - May 10/93) (Bylaw 4195 - Sept 8/03)
"RETAINING WALL" means a structure with an angle between 45 degrees and 90 degrees
to the horizontal, used to retain soil for the creation of artificial grade by either excavating
from or adding fill to the natural grade. (Bylaw 4505 - Apr 26/10)
"RIPARIAN ASSESSMENT AREA" means:
(a)
for a stream, the 30 m (98.4 ft) strip on both sides of the stream, measured from the
high water mark;
(b)
for a ravine less than 60 m (197 ft) wide, a strip on both sides of the stream measured
from the high water mark to a point that is 30 m (98.4 ft) beyond the top of the ravine
bank; and
(c)
for a ravine 60 m (197 ft) wide or greater, a strip on both sides of the stream measured
from the high water mark to a point that is 10 m (32.8 ft) beyond the top of the ravine
bank. (Bylaw 4281 - Jun 27/05)
"ROOF HEIGHT" means the vertical distance between grade and the highest part of the
highest roof of a building as shown on the included diagram.
(Bylaw 3568 - Jun 22/87) (Bylaw 4648 - Jun 22/15)
"SCHOOL" means an institution with no residential component, providing a curriculum of
academic instruction up to completion of Grade 12, and which consists of a body of
students organized as a unit for educational purposes under the direction of a principal,
vice-principal, headmaster or director of instruction, including the teachers and other staff
members associated with the unit. (Bylaw 4305 - Apr 24/06)
"SCHOOL, PRIVATE" (Repealed - Bylaw 4305 - Apr 24/06)
"SCHOOL, PUBLIC" (Repealed - Bylaw 4305 - Apr 24/06)
"SEA RESCUE USE" means the storage and mooring of marine craft, with or without
associated supplies and equipment, for the purpose of providing marine related rescue
activities.
(Bylaw 3782 - Dec 20/93) (Bylaw 4305 - Apr 24/06) (Bylaw 4474 - Jul 20/09)
"SECONDARY SUITE" means a self contained Dwelling Unit containing sleeping
facilities, sanitary facilities, and cooking facilities that are for the exclusive use of the
Oak Bay Zoning Bylaw
[19]
DEFINITIONS
occupant(s) of the suite and is smaller than, secondary to and connected to a primary
Dwelling Unit located within a Principal Building on the same lot.
(Bylaw 4825 - Sept 20/22) (Bylaw 4853 - Mar 25/24) (Bylaw 4871 - Jun 24/24)
"SECONDARY USE" means a use that is only permitted in conjunction with the
designated principal use for each zone.
"SENIOR CITIZEN DWELLING UNIT" (Repealed - Bylaw 4305 - Apr 24/06)
"SERVICE BUSINESS USE" means the use of a floor area, or part thereof, of a building
for the purpose of providing personal services to persons or their possessions and office
use other than "Financial Institution Use" or "Real Estate Office Use", but excluding
veterinary clinics and offices, coin-operated laundries, coin-operated dry cleaners and the
servicing of vehicles.
(Bylaw 3607 - May 10/93)
(Bylaw 4932 - Nov 24/25)
"SERVICE STATION" means any building or land used or intended to be used for the
retail sale of motor fuels and lubricants that are dispensed by an attendant for the customer,
and which may include the servicing and minor repairing of motor vehicles and the sale of
automobile accessories.
"SETBACK" means the distance between a building or part of a building or use and each
of the respective lot lines, measured parallel to each lot line or lines.
"SHORT-TERM RENTAL" means renting an approved dwelling unit for overnight
accommodation for a period of less than 90 consecutive days. (Bylaw 4922 - Mar 9/26)
"SIDE LOT LINE" means any lot line not being a front lot line or a rear lot line.
"SIDE YARD" means that portion of the lot extending from the front lot line to the rear lot
line, between the interior side lot line and a line or lines drawn parallel thereto; the width
of such yard to be measured as the perpendicular distance between the interior side lot line
and said parallel line or lines, which shall be equal to the required interior lot line setback.
(Bylaw 3643 - May 28/90)
"SMALL-SCALE URBAN AGRICULTURE" means a subset of the general class of
agriculture, carried out as a secondary use of land and consisting of the cultivation of a
portion of a parcel for the production of fruits or vegetables for sale or exchange for money
or other valuable consideration. (Bylaw 4381 - Dec 17/07)
"SPA USE" means a class of service business use devoted to the enhancement of personal
well-being through a variety of services designed to promote renewal and revitalization,
which may include a mineral bath or spring as a core element. (Bylaw 4320 - Jun 11/07)
"SPECIAL NEEDS MULTIPLE RESIDENTIAL USE" means an apartment use providing
supportive housing with the availability of assisted living services, for persons with age-
related conditions that affect the ability to live independently. (Bylaw 4168 - May 12/03)
"STORAGE YARD" (Repealed - Bylaw 4305 - Apr 24/06)
"STOREY" means that portion of a building which is situated between the top of a floor
and the top of the floor next above it and if there is no floor above it, that portion between
the top of such floor and the ceiling above it.
(Bylaw 3643 - May 28/90) (Bylaw 4871 - Jun 24/24)
Oak Bay Zoning Bylaw
[20]
DEFINITIONS
"STREAM" includes any of the following that provides fish habitat:
(a)
a watercourse, whether it usually contains water or not;
(b)
a pond, lake, river, creek or brook; and
(c)
a ditch, spring or wetland that is connected by surface flow to something referred to
in (a) or (b) of this definition. (Bylaw 4281 - Jun 27/05)
"STREET" means a dedicated public highway other than a lane or walkway provided,
however, that for the purpose of the definitions of CORNER LOT, DOUBLE FRONTAGE
LOT and PANHANDLE LOT, and for the purpose of Section 4.14, STREET shall be
deemed to include those portions of the common property in a bare land strata plan which
are intended to provide vehicular access to the strata lots in the bare land strata plan.
(Bylaw 3597 - Jun 27/88)
"STRUCTURE" means any construction, except a building, fixed to, supported by, or sunk
into land or water, and includes but is not limited to fences, walls, and below grade stairs
and patios; and excludes paved parking surfaces and on grade patios.
(Bylaw 4648 - Jun 22/15) (Bylaw 4681 - Mar 13/17)
"SUBDIVISION" means any change in the existing size, shape, number of arrangement of
a lot or lots, whether by plan or metes and bounds description.
"SUPPORTIVE HOUSING" means a form of housing in private dwelling units with
lockable doors, which provides to residents at least one (1) meal per day served on-site in
a communal dining room, along with on-site housekeeping, laundry and social/recreational
services. (Bylaw 4168 - May 12/03)
"SURVEYOR" means a land surveyor licensed and registered as a land surveyor in the
Province of British Columbia.
"TEMPORARY LODGING" means transient accommodation not in excess of sixteen (16)
weeks in any twelve (12) consecutive month period, not more than four (4) weeks of which
may be outside of the November through March period, for any one person, family or party.
(Bylaw 4320 - Jun 11/07)
"THEATRE USE" means a commercial use of a venue within a building, containing at the
time of the performance or screening permanent or temporary seating for not less than ten
(10) people, for:
(a)
the performance of literary works on a stage; or
(b)
the screening of films, excluding any film falling within the definition of "adult
motion picture" under the Motion Picture Act, R.S.B.C. 1996, c. 314.
(Bylaw 4320 - Jun 11/07)
"TOURIST UNIT" means a lockable suite of rooms, with sanitary and sleeping facilities,
available to the general public for temporary lodging as part of a hotel use.
(Bylaw 4320 - Jun 11/07)
"THEATRES" (Repealed - Bylaw 4320 - Jun 11/07)
"TWO FAMILY RESIDENTIAL USE" (Repealed - Bylaw 4871 - Jun 24/24)
"UNIT RATIO" means the expressed unit area of land required for each dwelling unit.
Oak Bay Zoning Bylaw
[21]
DEFINITIONS
"UPLANDS, THE" means that part of the Municipality being the area shown on
Plan 1216A deposited in the Victoria Land Title Office and as defined in the
Oak Bay Special Powers Act.
"USE" means the purpose for which any lot, parcel, tract of land, building or structure is
designed, arranged or intended, or for which it is occupied or maintained.
"WATER COURSE" (Repealed - Bylaw 4281 - Jun 27/05)
"WORKS YARD USE" means a use of land for the storage and servicing of vehicles,
equipment, machinery, materials, fixtures, fittings and supplies used in the maintenance
and/or construction of roads, sidewalks, sewer systems, drainage systems, water
distribution systems, parks and buildings, and in the provision of solid waste collection,
recyclable material collection and compostable material collection; for the assembly and
dispatch of employees and contractors employed in such maintenance, construction or
service provision; for the receiving and transfer of solid waste, recyclable material and
compostable material; for the retail sale of composted soil material and items ancillary to
the provision of the services described herein; for the exchange of reusable items; for the
fabrication of equipment ancillary to the maintenance, construction and services described
herein; for the storage and dispensing of vehicle fuels; and for offices ancillary to the uses
described herein. (Bylaw 4305 - Apr 24/06)
"YACHT CLUB" means a facility which provides moorage space for watercraft of club
members. (Bylaw 4305 - Apr 24/06)
"ZONE" means any area or district established under this Bylaw.
2.2
ABBREVIATIONS OF WORDS AND PHRASES
2.2.1
The abbreviations of words and phrases in this Bylaw shall have the meanings assigned to
them in this section:
dB (A)
decibel(s)
ft
feet
ha
hectare(s)
in
inch(es)
m
metre(s)
max
maximum
min
minimum
mm
millimetre(s)
N/A
not applicable
No.
number
N/P
not permitted
N/R
not regulated
s.f.
square feet
sq. c
square centimetre(s)
sq. in.
square inch(es)
sq. m
square metre(s)
Zoning Bylaw Oak Bay
[22]
GENERAL
PART 3
BASIC PROVISIONS
3.1
APPLICATION
3.1.1
The provisions of this Bylaw shall apply to the whole of the area within the boundaries
of the Municipality and to the buildings and structures thereon.
3.1.2
All measurements and dimensions in this Bylaw have the meaning given to them in
the Weights and Measures Act (Canada) and if not mentioned there, have the meaning
ascribed to them in the International System of Units established by the General
Conference of Weights and Measures. The Imperial measurements immediately
following the metric terms are approximations for convenience only and do not form
part of this Bylaw.
3.2
SEVERABILITY
3.2.1
If any portion of this Bylaw is for any reason found invalid by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Bylaw.
3.3
ZONES
3.3.1
The whole of the area within the boundaries of the Municipality is hereby divided into
zones with the following zone designations and their short form equivalents:
Short Form
Zone Designation
R-1
Residential use
R-2
Residential use
R-3
Residential use
R-4
R-5
Residential use
Residential use
CD-1
Comprehensive Development Use - Waterfront Hotel Complex
(Bylaw 4320 - Jun 11/07)
CD-3
CD4
CD5
CD6
CD7
Comprehensive Development Use - Bowker Village
(Bylaw 4680 - May 8/17)
Comprehensive Development Zone - 2326 Oak Bay Avenue
(Bylaw 4847 - Feb 26/24)
Comprehensive Development Zone - 291 King George Terrace
(Bylaw 4879 - July 29, 2025)
Comprehensive Development Zone - 2101 Sutherland Road
(Bylaw 4897 - January 27, 2025)
Comprehensive Development Zone - 57 Beach Drive
(Bylaw 4905 - May 5, 2025)
RM-1LD
Multiple dwellings use - low density
RM-1MD
Multiple dwellings use - medium density
RM-1HD
Multiple dwellings use - high density (Bylaw 4201 - Feb 4/23)
RM-2
Multiple dwellings use - two storey
RM-3
Multiple dwellings use - three storey
RM-3HD
Multiple dwellings use - high density three storey
(Bylaw 4606 - May 12/14)
RM-4
Multiple dwellings use - four storey
RM-8
Multiple dwellings use - eight storey
RM-MC1
Multiple Dwelling/Commercial Mixed Use
(Bylaw 4022 - Jul 19/99)
RM-MC4
Multiple Dwelling/Commercial Mixed Use-Four Storey
Zoning Bylaw Oak Bay
[23]
GENERAL
(Bylaw 4168 - May 12/03)
RMS-7
Multiple Dwelling Supportive Housing Use - Seven Storey
(Bylaw 4256 - Apr 25/05)
C-1
Local commercial use
C -2
Commercial use
C-3, ST.1
Village Commercial Use - Street Level
C-3, D. 1
Village Commercial Use - Below Street Level
C-3, UP 1
Village Commercial Use - Above Street Level
(Bylaw 3607 - May 10/93)
C-3, SP 1
Village Commercial Use-Mixed Use (Bylaw 4083 - Dec 11/00)
C-4
Local Commercial/Neighbourhood Deli Use
(Bylaw 3998 - Sept 28/98)
C-5
Local Commercial/Neighbourhood Deli Use
(Bylaw 4386 - Dec 17/07)
CS-1
Service station commercial use
CS-2
Marine commercial use
P-1
General institutional use (Bylaw 4305 - Apr 24/06)
P-2
Special institutional use
P-3
Commercial recreation use
P-4
Sea zone use
P-5
Cemetery use (Bylaw 3675 - Apr 22/91)
P-6
General Institutional/Residential use
(Bylaw 3961 - Dec 22/97) (Bylaw 4305 - Apr 24/06)
P-7
General Institutional/Office use
(Bylaw 4036 - May 25/99) (Bylaw 4305 - Apr 24/06)
P-8
General Institutional Use- Recreation Centre
(Bylaw 4147 - Mar 25/02) (Bylaw 4305 - Apr 24/06)
P-9
Neighbourhood General Institutional Use
(Bylaw 4235 - Sept 27/04) (Bylaw 4305 - Apr 24/06)
3.3.2
The area extent of the said zones is as described herein and as shown on the "Zoning
Map of the Corporation of the District of Oak Bay," which forms part of this Bylaw as
Schedule E. (Bylaw 4871 - Jun 24/24)
3.3.3
The boundary lines of said zones shall be the centre line of the road allowances, lot
lines, Municipal boundaries, natural boundaries or as otherwise shown on Schedule E
the "Zoning Map of the Corporation of the District of Oak Bay," which is an integral
part of this Bylaw. (Bylaw 4871 - Jun 24/24)
3.3.4
That part of the Municipality comprised of land, foreshore and land covered by water
granted by Supplementary Letters Patent dated 12 March, 1981, except as specifically
designated on Schedule E the "Zoning Map of the Corporation of the District of Oak
Bay," which is an integral part of this Bylaw, is designated as P-4 Sea Use Zone.
(Bylaw 4871 - Jun 24/24)
3.4
PERMITTED USES OF LANDS, BUILDINGS, STRUCTURES AND THE
SURFACE OF THE WATER
3.4.1
The use or uses of lands, buildings, structures and the surface of the water shall be in
accordance with the permitted uses specified in this Bylaw for the zone in which they
are located.
Zoning Bylaw Oak Bay
[24]
GENERAL
3.4.2
Buildings and structures permitted by this Bylaw shall conform with the regulations
for the zone in which they are located.
3.4.3
Any use or uses not specifically permitted are prohibited.
3.5
SIZE, SHAPE AND SITING OF BUILDINGS AND STRUCTURES
3.5.1
The construction, repair, reconstruction, alteration, moving or extension of a building
or structure shall conform with the regulations for the siting, size and dimensions of
buildings and structures specified in this Bylaw.
3.6
AREA, SHAPE AND DIMENSIONS OF LOTS
3.6.1
No subdivision shall be created in any zone so that any lot created by the subdivision
has an area or dimension less than that set out for the zone in which it is located as
specified in this Bylaw and according to Schedule A. (Bylaw 3643 - May 28/90)
3.6.2
Notwithstanding subsection 3.6.1, in R-3, R-4 and R-5 Zones, the minimum lot width
may be reduced by not more than 20% within 7.62 m (25 feet) of the front lot line or
within 7.62 m (25 feet) of the rear lot line, providing:
3.6.2.(1)
the lot abuts the turn-around portion of a cul-de-sac; or
3.6.2.(2)
the lot abuts the arc formed by the roadway in a street that changes direction through
not less than 45 degrees.
3.6.3
The general shape of any lot to be created shall conform to the shape of the lots in the
immediate area.
3.6.4
Discretionary authority with respect to minimum parcel frontage pursuant to
Section 944 (1) of the Local Government Act is hereby delegated to the
Approving Officer. (Bylaw 4112 - Feb 26/01)
3.6.5
The Approving Officer may approve an application to subdivide a lot into parcels of
dimensional criteria less than that required by this Bylaw providing:
3.6.5.(1)
the said parcels are concurrently consolidated with adjoining lands; and
3.6.5.(2)
that any remaining part of the lot being subdivided is not less than the required
dimensional criteria.
3.7
ADMINISTRATION / VIOLATION / PENALTIES
3.7.1
The Director is hereby appointed by Council to administer this Bylaw and is hereby
authorized to enter at all reasonable times upon any property, subject to this Bylaw, to
ascertain whether the regulations and provisions of this Bylaw are being or have been
complied with.
3.7.2
It is unlawful for any person to cause, suffer or permit any building or structure to be
constructed, reconstructed, altered, moved, extended, occupied or used, or any land to
be occupied or used, in contravention of this Bylaw or otherwise to contravene or fail
to comply with this Bylaw.
3.7.3
Any persons convicted of an offence against this Bylaw shall be liable to:
3.7.3.(1)
a minimum penalty of not less than one hundred dollars ($100.00); or
Zoning Bylaw Oak Bay
[25]
GENERAL
3.7.3.(2)
a maximum penalty of not more than ten thousand dollars ($10,000.00);
(Bylaw 4291 - Mar 13/06) and/or
3.7.3.(3)
imprisonment for a period not exceeding sixty (60) days.
3.8
EFFECTIVE DATE
3.8.1
This Bylaw shall come into force and take effect as of the date of final adoption.
Zoning Bylaw Oak Bay
[26]
GENERAL
PART 4
GENERAL REGULATIONS
4.1
USES OF LAND, BUILDINGS AND STRUCTURES, NON-CONFORMING
USE
4.1.1
No use shall be established so as to render any existing use on the same lot
non-conforming.
4.1.2
The permitted uses contained in this Bylaw are subject to compliance with the Bylaws
enacted under Part 26, Division 7 of the Local Government Act.
(Bylaw 4112 - Feb 26/01)
4.2
PERMITTED USES OF LANDS, BUILDINGS AND STRUCTURES
4.2.1
A boarding use, where permitted:
4.2.1.(1)
shall be completely enclosed within a principal building used for a residential use; and
4.2.1.(2)
shall accommodate not more than two (2) persons other than the family of the owners
or lessee.
4.2.1.(3)
shall not result in the use of the dwelling unit by more than three (3) unrelated persons.
(Bylaw 4108 - Feb 26/01)
4.2.2
(Repealed - Bylaw 4305 - Apr 24/06)
4.2.3
(Repealed - Bylaw 4305 - Apr 24/06)
4.2.4
(Repealed - Bylaw 4305 - Apr 24/06)
4.2.5
(Repealed - Bylaw 4401 - Mar10/08)
4.2.6.(1)
(Repealed - Bylaw 4401 - Mar 10/08)
4.2.6.(2)
(Repealed - Bylaw 4401 - Mar 10/08)
4.2.7
(Repealed - Bylaw 4401 - Mar10/08)
4.2.7.(1)
(Repealed - Bylaw 4401 - Mar 10/08)
4.2.7.(2)
(Repealed - Bylaw 4401 - Mar 10/08)
4.2.8
A residential business must, where permitted, conform to the regulations of this
section.
4.2.8.(1)
The written consent of the property owner must be obtained before a residential
business may be operated from premises zoned for residential use.
4.2.8.(2)
A maximum of two (2) residential businesses may be carried on in a single
dwelling unit.
Zoning Bylaw Oak Bay
[27]
GENERAL
4.2.8.(3)
No person other than a family member occupying the dwelling unit and residing on the
premises and one other non-resident employee may be employed or engaged in a
residential business at the premises.
4.2.8(4)
Notwithstanding paragraph 4.2.8. (3), if more than one residential business is being
operated in a single dwelling unit, the number of non-resident employees on the
premises at any one time shall nevertheless not be more than one (1).
4.2.8.(5)
Except as provided in paragraph 4.2.8. (6), the premises of a residential business shall
not be used to receive visitations from persons in relation to the business.
4.2.8.(6)
The premises of a residential business may be used for supplementary school tuition,
or the instruction of music, to not more than one student at a time.
4.2.8.(7)
Merchandise may neither be displayed, sold or bought on the premises of a residential
business.
4.2.8.(8)
With the exception of mail delivery, a residential business shall not incur the delivery
or shipment of merchandise, merchandise components, repair parts, or business
supplies by a commercial vehicle.
4.2.8.(9)
A residential business shall not create noise, vibrations, smoke, vapours, or electrical
interference.
4.2.8.(10)
No sign may be erected on residential premises that relate to a residential business.
4.2.8.(11)
The operating of commercial workshops or manufacturing facilities in a residential
business is prohibited. (Bylaw 3974 - Mar 23/98)
4.2.9
A newspaper substation may only be located in a commercial or institutional use zone,
provided the substation does not require the use of a building that is not part of the
principal building.
4.2.10
Canopies of rigid construction or collapsible awnings may be installed on buildings in
all zones, providing such canopy or awning:
4.2.10.(1)
does not protrude more than 2.5 m (8 feet) from the building face;
4.2.10.(2)
provides a clear height of not less than 2.3 m (7.5 feet) above a sidewalk;
4.2.10.(3)
does not portray a sign except for lettering of not more than 150 mm (6 inches) in
height located on a fringe;
4.2.10.(4)
does not protrude to within 1 m (3 feet) of a line extended vertically from the nearest
edge of the roadway;
4.2.10.(5)
is constructed as a cantilevered structure from the face of the building; and
4.2.10.(6)
is not constructed over public property.
4.2.11
Garbage receptacles must be kept in a building or structure in all zones, except in
Residential Use zones garbage receptacles may be kept within an enclosed structure or
between a structure and the rear lot line, and must be fully screened.
(Bylaw 4871 - Jun 24/24)
Zoning Bylaw Oak Bay
[28]
GENERAL
4.2.12
Notwithstanding the regulations set out for Residential Use Zones in Part 6 hereof, lot
coverage may be augmented with an area not exceeding 5% of the maximum permitted
lot coverage or 36 sq. m (400 sq. ft.) in the R-1, R-2 or R-3 zones; and 7% of the
maximum permitted lot coverage or 36 sq. m (400 sq. ft.) in the R-4 or R-5 zones,
whichever is less, providing: (Bylaw 4871 - Jun 24/24)
4.2.12.(1)
the augmented area is used and maintained as a garage for the parking of
motor vehicles;
4.2.12.(2)
either
(a)
the garage is sited so that the vertical plane of the vehicle entrance makes an
angle between 85 degrees and 90 degrees, both inclusive, with a straight line
connecting the endpoints of the front lot line; or
(b)
the garage is sited entirely within the area of the lot bounded by the rear lot line,
the side lot lines and the rear face (excluding garage portion) of the principal
building projected in a straight line to both side lot lines; and
4.2.12.(3)
the maximum permitted area of lot coverage for accessory buildings shall be reduced
by an amount equal to the area added to the principal building pursuant to this
subsection. (Bylaw 3643 - May 28/90)
4.2.13
A Secondary Suite use, where permitted, must conform to the regulations of this
section. (Bylaw 4825 - Sept 20/22)
4.2.13.(1)
Shall be wholly contained within an integral part of a Principal Building.
(Bylaw 4853 - Mar 25/24) (Bylaw 4871 - Jun 24/24)
4.2.13.(2)
Shall not be connected to the primary dwelling unit by a breezeway or enclosed
hallway.
4.2.13.(3)
Shall only be permitted in an owner-occupied residential building. The registered
owner(s) of the property shall:
(a) occupy either the primary dwelling unit or the Secondary Suite dwelling unit as
their principal residence; and
(b) submit to the Municipality a completed and signed "Owner's Declaration of
Secondary Suite". (Bylaw 4853 - Mar 25/24)
4.2.13.(4)
Shall meet all BC Building Code requirements for Secondary Suites within newly
constructed buildings or the alternate compliance methods for alterations to existing
buildings to add a secondary suite.
4.2.13.(5)
No more than one Secondary Suite is permitted per principal dwelling unit.
(Bylaw 4853 - Mar 25/24) (Bylaw 4871 - Jun 24/24)
4.2.13.(6)
Where a dwelling unit contains both a Secondary Suite, and a Boarding Use, the total
number of unrelated individuals living in the dwelling unit and Secondary Suite
combined must not exceed six. (Bylaw 4871 - Jun 24/24 (Bylaw 4984 - July 14,
2025)
4.2.13.(7)
A Secondary Suite shall not contain a Boarding use.
Zoning Bylaw Oak Bay
[29]
GENERAL
4.3
FIRE LIMITS ZONE
4.3.1
Zones RM-4 and RM-8 are hereby designated Fire Limits Area 1, in which a building
of more than three (3) storeys in height shall be constructed of non-combustible
construction, as defined and regulated by the British Columbia Building Code.
4.4
OFFENCES ON MULTIPLE LOTS
4.4.1
Where the location of an object or the use of a property is deemed to be an offence
under this Bylaw and the object or use is:
4.4.1.(1)
partly on one lot and partly on an adjacent lot; or
4.4.1.(2)
partly in one specified area of a lot and partly in another the offence shall be deemed
to have occurred on each lot or in each area.
4.5
PROOF OF SITING AND HEIGHT
4.5.1
Prior to the issuance of an Occupancy Permit relating to the construction, erection,
replacement or extension of a building, the owner shall furnish proof of compliance
regarding site location and building height. Proof of compliance shall be in the form
of a survey certificate issued by a registered British Columbia Land Surveyor.
4.6
REGULATIONS FOR THE SIZE, SITING AND FLOOR AREA
4.6.1
No building or structure shall be constructed, re-constructed, altered, moved or
extended so as to render any existing building or structure on the same lot contrary to
the regulations of this Bylaw.
4.6.2
Except as otherwise permitted in this Bylaw, only one (1) building may be sited on one
(1) lot. Such siting shall conform to the regulations of the zone in which it is situate.
4.6.3
(Removed - Bylaw 4825 - Sept 20/22)
4.6.3
A part of a building that is separated from the major portion of the building by a
space or non-habitable room shall be deemed to be a separate building. This
provision does not apply to a Secondary Suite that is connected to the primary
dwelling unit by a bathroom, utility room, workroom, storage room, closet, pantry,
bath or toilet room or laundry room and similar spaces except a breezeway or
enclosed hallway. (Bylaw 4825 - Sept 20/22)
4.6.4
Projections from any face of a building.
4.6.4.(1)
in the form of belt courses, sills, cornices, leaders, gutters and pilasters may intrude
into the required setbacks by not more than 450 mm (18 inches);
4.6.4.(2)
in the form of chimneys may intrude into any required setback other than an interior
side lot line setback by not more than 450 mm (18 inches). (Bylaw 3643 - May 28/90)
4.6.4.(3)
in the form of cladding, including insulation and brick, may intrude into the required
setbacks by not more than 305 mm (12 inches) (Bylaw 4648 - Jun 22/15, Bylaw 4900
- April 14, 2025)
4.6.5
Projections from a face of a building in the form of unenclosed stairs and landings,
canopies, sunlight control projections, eaves and open-walled porches may intrude:
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GENERAL
4.6.5.(1)
into the required front, rear or exterior side setbacks by not more than 1.2 m (3.9 ft);
and (Bylaw 4335 - Jun 11/07)
4.6.5.(2)
into the required interior side setback by not more than 450 mm (18 inches).
4.6.5.(3)
into the required interior side yard setbacks for the principal building by not more than
0.76 m (2.5 ft) for eaves. (Bylaw 4648 - Jun 22/15) (Bylaw 4681 - Mar 13/17)
4.6.6
Balconies and sundecks may be enclosed providing: (Bylaw 3561 - Jun 22/87)
4.6.6.(1)
the enclosing material, exclusive of supports, is fully transparent untinted glass;
4.6.6.(2)
the balcony or sundeck does not become part of the abutting habitable space;
4.6.6.(3)
the balcony or sundeck is not used as a habitable room; and
4.6.6.(4)
except for Residential Use zones, the design of the enclosed balconies shall be
consistent throughout the building.
4.6.7
An underground structure may be sited in any portion of a lot provided that the top
surface of such structure shall at no point extend above any street abutting the site. For
the purpose of this section, in-ground swimming pools shall not be considered as
underground structures.
4.6.8
Freestanding lighting poles, warning devices, utility poles, wires and flagpoles, except
as otherwise limited in other Bylaws, may be sited on any portion of a lot.
4.6.9
Where a common wall or party wall, shared by two (2) or more separately owned or
operated dwelling units within a building for a residential use, coincides with an
interior side lot line and where the land pertaining to each unit or group of units is a
registered lot or where such land comprises a strata lot shown on a registered strata
plan as provided for in the Condominium Act, then the setbacks specified in this Bylaw
with respect to the side lot lines shall not apply.
4.6.10
Floor Area Ratio
(Bylaw 4335 - Jun 11/07)
4.6.10.(1)
With respect to a lot on which the allowable gross floor area of a building, or the total
allowable gross floor area of all buildings or a particular class of buildings, as the case
may be, is limited by the imposition of a maximum allowable floor area ratio, for the
purpose of calculating the floor area ratio all portions of a building serving an
occupancy having a clear height above the floor of more than 1.2 m (3.9 ft) shall be
included in the computation of gross floor area, provided, however, that
(a)
in a zone other than a Residential Use Zone, the part of the floor area used and
maintained for the parking of motor vehicles;
(b)
in Residential Use Zones R-1, R-2 and R-3, not more than 19 sq. m (205 s.f.) of
that part of the floor area of the principal building used and maintained for the
parking of motor vehicles;
(c)
(Removed - Bylaw 4871 - Jun 24/24)
(d)
In Residential Use Zones R-1, R-2, R-3, the part of the floor area at a level lower
than 1 m (3.3 feet) below grade (Bylaw 4627 - Nov 10/14),
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GENERAL
shall be excluded from the computation of gross floor area. (Bylaw 4984 - July 14, 2025)
(e)
The exemption under subsection (d) shall not exceed the lesser of the first above
grade storey floor area or 25% of the total lot area. (Bylaw 4871 - Jun 24/24)
(f)
There shall be no exemption of a basement from Gross Floor Area where the
first above grade storey floor height is greater than 1.00 m (3.3 ft) above Grade.
(Bylaw 4871 - Jun 24/24)
4.6.10.(2)
(Removed - Bylaw 4871 - Jun 24/24)
4.6.10.(3)
(Removed - Bylaw 4871 Jun 24/24)
4.6.11
Gross Floor Area
(Bylaw 4335 - Jun 11/07) (Bylaw 4648 - Jun 22/15)
4.6.11.(1)
In Residential Use zones R-4 and R-5, not more than 22 m2 (237 ft2) of that part of the
floor area used and maintained for the parking of motor vehicles shall be excluded
from the computation of Gross Floor Area for the site provided:
(a)
the garage or carport related to the exclusion is sited so that the vertical plane of
the vehicle entrance makes an angle between 85 degrees and 90 degrees, both
inclusive, with a straight line connecting the endpoints of the front lot line; or
(b)
all garage and carport vehicle entrances related to the exclusion facing a street
must be in line with or set back from the front face of the principal building, or
must be set back a minimum of 1.0 m (3.2 ft) from the remainder of the front
face of the principal building where an occupancy certificate was issued on
January 1, 1986 or later.
(Bylaw 4648 - Jun 22/15) (Bylaw 4681 - Mar 13/17) (Bylaw 4984 - July 14,
2025)
4.6.11.(2)
Basement Exemption - Occupancy After 1985 (Bylaw 4648 - Jun 22/15)
(a) In Residential Use zones R-4 and R-5, where a principal building for which an
occupancy certificate was issued on January 1, 1986 or later, all or part of the
basement floor area shall be exempted from the calculation of Gross Floor Area
by a percentage calculated under subsections (b) to (e).
(b) Subject to subsection (c), 100% of the Gross Floor Area shall be exempted under
(a) where the first above grade storey floor height is less than 1.22 m (4 ft)
above Grade.
(c) The exemption under subsection (b) shall not exceed the lesser of the first above
grade storey floor area or 25% of the total lot area. (Bylaw 4871 - Jun 24/24)
(d) There shall be no exemption of a basement from Gross Floor Area where the first
above grade storey floor height is greater than 1.52 m (5 ft) above Grade.
(Bylaw 4871 - Jun 24/24)
(e) Where the first above grade storey floor height is greater than 1.22 m (4 ft) and
less than 1.52 m (5 ft) above Grade, then the amount of Gross Floor Area to be
exempted shall be calculated on the basis of the following formula where "P"
represents the percentage:
"P" represented in the formula
P =
(1.52 - Hactual) x 100 where
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GENERAL
0.3
Hactual = height of first floor above average natural grade
(Bylaw 4871 - Jun 24/24)
4.6.11.(3)
Basement Exemption - Occupancy Prior to 1986 (Bylaw 4648 - Jun 22/15)
(a)
In Residential Use zones, where a principal building for which an occupancy
certificate was issued prior to January 1, 1986, all or part of the basement floor
area shall be exempted from the calculation of Gross Floor Area by a percentage
calculated under subsections (b) to (e).
(b)
Subject to subsection (c), 100% of the Gross Floor Area shall be exempted under
(a) where the first above grade storey floor height is less than 1.22 m (4 ft)
above Grade. (Bylaw 4871 - Jun 24/24)
(c)
The exemption under subsection (b) shall not exceed the lesser of the first above
grade storey floor area or 25% of the total lot area. (Bylaw 4871 - Jun 24/24)
(d)
There shall be no exemption of a basement from Gross Floor Area where the
first above grade storey floor height is greater than 2.22 m (7 ft) above Grade.
(Bylaw 4871 - Jun 24/24)
(e)
Where the first above grade storey floor height is greater than 1.22 m (4 ft) and
less than 2.22 m (7 ft) above Grade, then the amount of Gross Floor Area to be
exempted shall be calculated on the basis of the following formula where "P"
represents the percentage:
"P" represented in the formula
P = (2.22 - Hactual)
x 100 where
Hactual = height of first floor above average natural grade
(Bylaw 4871 - Jun 24/24)
4.6.11.(4)
In Residential Use zones R-4 and R-5, a maximum of three (3) covered door landings
are exempt from Gross Floor Area calculations to a maximum of 1.86 m2 (20 ft2) per
landing. (Bylaw 4648 - Jun 22/15)
4.6.11.(5) In Residential Use zones R-4 and R-5, verandas, contiguous or separated, are exempt
from Gross Floor Area calculations for up to 2.5% of the lot area, to a maximum of 15
m2 (161 ft2) where: (Bylaw 4648 - Jun 22/15)
(a)
The veranda abuts the primary building;
(b)
The veranda floor is level with the first storey;
(c)
The veranda faces a street;
(d)
The veranda is open to a street excluding the railing or guard;
(e)
The veranda railing is not more than 1.06 m (3.4 ft) in height;
(f)
The veranda is covered by a roof;
(g)
The veranda ceiling is less than 3.2 m (10.5 ft) above the veranda floor; and
(h)
No habitable living space is sited above the veranda.
4.6.11.(6)
Gross Floor Area for an atrium will be calculated as the following:
(Bylaw 4648 - Jun 22/15)
Height of Atrium
Gross Floor Area Value to be Included
Atrium Less Than 4.3 m (14 ft) Height
Gross Floor Area of Atrium x 1
Atrium Greater Than or Equal to
4.3 m (14 ft) Height
Gross Floor Area of Atrium x 2
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4.6.11.(7)
In Residential Use zones, a maximum of one (1) pedestrian elevator with a floor area
of 2.0 m2 (22 ft2) located within a principal building is exempt from Gross Floor Area
calculations. (Bylaw 4681 - Mar 13/17)
4.7
HEIGHT, EXCEPTIONS
4.7.1
The maximum permitted height for a building or structure set out in the regulations for
each zone within this Bylaw may be exceeded for:
4.7.1 (1) a church spire, church belfry or church dome, an elevator shaft, a stair tower;
a roof-mounted vent, roof-mounted chimney or roof-mounted smoke stack; a flag pole,
a lightning rod.
4.7.1 (2) a crane erected for a period not exceeding the duration of the construction for
which the crane is required.
4.7.1 (3) solar collectors to a maximum of 1.2 m (4 ft) for a flat roof and to a maximum
of 0.3 m (1 ft) above a pitched roof.
4.7.1 (4) heat pumps and associated screening to a maximum of 1.2m (4 ft) for a flat
roof.
4.7.1 (5) roof thickness in excess of 0.3 m (1 ft) provided that the excluded roof
thickness is required to achieve compliance with the BC Energy Step Code, Passive
House energy standard or other enhanced energy performance standards."
(Bylaw 4293 - Nov 14/05, Bylaw 4900 - April 14, 2025)
4.8
TEMPORARY BUILDINGS
4.8.1
A temporary building or structure may be erected to facilitate construction purposes
for a period not to exceed the duration of such construction on a lot being developed.
In all other cases, temporary buildings or structures shall be subject to the following
requirements:
4.8.1.(1)
An application shall be made in writing to the Director for a permit to erect a temporary
building or structure;
4.8.1.(2)
If the proposed temporary building or structure would not constitute or cause a public
hazard or public nuisance, nor obstruct unnecessarily any public right-of-way, the
Director shall grant a permit for a period of not more than six (6) months; provided,
however, that such permit may be renewed, upon written application, for one (1)
further period not to exceed six (6) months; and
4.8.1.(3)
At the expiration of a permit, such temporary building or structure shall be removed
and the site thereof restored as nearly as possible to its pre-permit condition.
4.9
BUILDINGS FOR ACCESSORY USE
4.9.1
A building for a permitted accessory use may only be erected after a building for the
principal use is built on a lot.
4.9.2
The use of an accessory building or any part thereof as a dwelling unit or as a habitable
space is prohibited.
4.10
MISCELLANEOUS STRUCTURES
4.10.1
This section applies to stationary fuel containers, structures that emit sound or
vibrations, and, subject to Section 4.10.7, to all structures, such as communications
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GENERAL
antennae, that emit or receive electromagnetic waves.
4.10.2
With respect to height and siting, a structure described by Section 4.10.1 shall be
subject to the more restrictive of the regulations set out in this section and the
regulations set out in this Bylaw for the zone in which it is located.
4.10.3
A structure which emits sound, whether continuously or intermittently, except for a
heat pump, shall be sited, shielded or otherwise installed so that the maximum
measurable sound level at any boundary of the parcel on which it is located, and at any
point directly above that boundary, does not exceed 40 dB(A).(Bylaw 4900 - April 14,
2025)
4.10.4(a)
No structure described by Section 4.10.1, except for a heat pump, shall be sited within
3 m (9.8 ft) from any lot line.
4.10.4(b)
A heat pump shall not be sited within 1.5 m from any lot line.(Bylaw 4900 - April 14,2025)
4.10.5(a)
No structure described by Section 4.10.1, except for a heat pump, shall be sited in a
front yard or a side yard.
4.10.5 (b)
A heat pump sited in a front yard must be appropriately screened from view as observed from
any lot line. (Bylaw 4900 - April 14, 2025)
4.10.6
Except for a building roof-mounted whip antenna not exceeding a diameter of
5 centimeters at any point higher than the maximum permitted roof height for the
building in the zone in which it is located, and subject to Section 4.10.7, no structure
described by Section 4.10.1 shall exceed a height of 3 m (9.8 ft).
4.10.7
Provided that any local consultation protocol mandated by the Government of Canada
for antenna installation or modification has been complied with, the regulations set out
in this Bylaw that would otherwise be applicable to an existing or proposed antenna
shall have force and effect only to the extent that they do not frustrate, unduly restrict
or interfere with the exercise of the legislative, regulatory or licensing authority of the
Government of Canada in the field of radio-communications.
(Bylaw 4293 - Nov 14/05)
4.11
OFF-STREET PARKING USE
4.11.1
A building conforming as to use, but non-conforming as to required off-street parking
spaces, may be occupied, except that:
4.11.1.(1)
Off-street parking spaces shall be provided and maintained in accordance with the
Parking Facilities Bylaw for any addition to such existing building or structure, or any
change or addition to such existing use; and
4.11.1.(2)
Where a building is used for more than one (1) permitted use, the required number of
off-street parking spaces shall be the sum of the requirements for the uses, calculated
separately.
4.11.2
The off-street parking spaces required by the Parking Facilities Bylaw are required for
the unrestrained use of the users of the building or the lot for which they are provided.
4.11.3
The use of parking spaces required by this Bylaw, other than that expressed,
is prohibited.
4.11.4
The use of parking spaces for wrecked vehicles or unlicensed vehicles is prohibited.
4.12
LOCATION OF PARKING FACILITIES
4.12.1
Location.
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GENERAL
4.12.1.(1)
Residential Uses: All required off-street parking spaces for residential uses shall be
provided on the same lot as the residential building for which they are required.
4.12.2
Other Uses: All required off-street parking spaces for other than residential uses shall
be located on the lot being served unless otherwise specified. If the parking spaces are
located on a separate lot from the lot of the building being served, the developer shall
enter into an agreement with the Corporation under Section 219 of the Land Title Act
restricting use of the parking site to parking to serve the lot requiring the parking.
(Bylaw 4112 - Feb 26/01)
4.12.3
The surface of the land, in Zones RM-2, RM-3, RM-4 and RM-8 shall not be used for
parking spaces.
4.12.4
That part of the building containing the required parking spaces in Zones RM-2, RM-3,
RM-4 and RM-8 shall be constructed below the elevation of the abutting roadway.
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GENERAL
4.13
SITING OF PARKING FACILITIES
4.13.1
The following regulations shall apply to all Residential Use Zones:
4.13.2
For a lot on which there exists a principal building, and subject to Section 4.13.6, the
keeping or parking of any of the objects described in Section 4.13.4 and not located
within a garage is prohibited on that part of the lot:
4.13.2.(1)
between the front lot line and the exterior walls of the principal building that face the
street abutting that lot line, including the lines projected from the two endpoints of the
said exterior walls so as to intersect the closest points on the respective side lot lines;
4.13.2.(2)
between the exterior side lot line and the exterior walls of the principal building that
face the street abutting that lot line, including the lines projected from the two
endpoints of the said exterior walls so as to intersect the closest points on the front lot
line and the rear lot line, respectively;
4.13.2.(3)
within 1.52 m (5 feet) from an interior side lot line at any point greater than 7.62 m (25
feet) from the rear lot line;
4.13.2.(4)
within 0.61 m (2 feet) from an interior side lot line at any point within 7.62 m (25 feet)
from the rear lot line;
4.13.2.(5)
within 0.61 m (2 feet) from a rear lot line except for a rear lot line which abuts a lane
or a street; and
4.13.2.(6)
within 7.62 m (25 feet) from a rear lot line which abuts a street.
4.13.3
For the purpose of Sections 4.13.2.(1) and 4.13.2.(2), an exterior wall shall be deemed
to face a street if a line projected perpendicular to any portion of the wall intersects the
lot line abutting the street; provided, however, that where the application of this
criterion does not result in the designation of at least one (1) exterior wall which is
deemed to face each street or branch thereof abutting the lot, then the restricted area
shall be defined as all that part of the lot lying between the lot line abutting the street
and a line intersecting the point on the principal building which is closest to the said
lot line and drawn parallel thereto.
4.13.4
The following are restricted objects for the purpose of this Section:
4.13.4.(1)
a motor vehicle which is not licensed for the current year;
4.13.4.(2)
a boat, whether or not mounted on a trailer;
4.13.4.(3)
a trailer;
4.13.4.(4)
a camper body, whether or not mounted on a vehicle;
4.13.4.(5)
a motor home of height greater than 2.2 m (7.2 feet).
4.13.5
Subject to compliance with the Rubbish and Weed Control Bylaw, 1997, as amended,
for a lot on which there exists a principal building, not more than two (2) objects
described in Section 4.13.4 may be parked or kept on a part of the lot not prohibited
under Section 4.13.2. (Bylaw 4451 - Jan 26/09)
4.13.6
Subject to compliance with the Rubbish and Weed Control Bylaw, 1997, as amended,
for a lot on which there exists a principal building, and provided that not more than
one (1) object described in Section 4.13.4 is parked or kept elsewhere on the lot, not
more than one (1) such object having a height not exceeding 2.6 m (8.5 feet) and a
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GENERAL
length not exceeding 5.6 m (18.4 feet) may be parked or kept in a location described
in Section 4.13.2.(3), 4.13.2.(4) or 4.13.2.(5), subject always to the prohibitions for the
locations described in Sections 4.13.2.(1), 4.13.2.(2) and 4.13.2.(6), which shall prevail
in the event of conflict. (Bylaw 4451 - Jan 26/09)
4.13.7
For the purposes of Sections 4.13.5, 4.13.6 and 4.13.9, a boat mounted on a trailer, and
a camper body mounted on a vehicle, shall each be deemed to be one (1) object
provided, however, that in the measurement of a boat and trailer combination for the
purpose of Section 4.13.6, the height shall be measured inclusive of the trailer, but the
measurement of length shall be limited to the boat and attachments thereto.
4.13.8
For a lot on which there exists no principal building, the keeping or parking of any
object described in Section 4.13.4 and not located within a garage is prohibited on that
part of the lot:
4.13.8.(1)
within 7.62 m (25 feet) from any lot line abutting a street; and
4.13.8.(2)
within 1.52 m (5 feet) from any lot line not abutting a street.
4.13.9
Subject to compliance with the Rubbish and Weed Control Bylaw, 1997, as amended,
for a lot on which there exists no principal building, not more than two (2) objects
described in Section 4.13.4 may be parked or kept on a part of the lot not prohibited
under Section 4.13.8. (Bylaw 4451 - Jan 26/09)
4.13.10
On any lot, the keeping or parking of a commercial vehicle is prohibited except:
4.13.10.(1)
where such vehicle is kept or parked in a garage; or
4.13.10.(2)
during such time as the driver of such vehicle is actually engaged in the delivery of a
commercial service on the lot to and for the benefit of the owners or occupants thereof.
4.13.11
The prohibition contained in Section 4.13.10 extends to an unlicensed vehicle that
would be classified as a commercial vehicle under this Bylaw if it were licensed for
the current year.
4.13.12
Residential Uses: All off-street parking spaces in Multiple Dwellings Use Zones shall
be sited so as to be a minimum of 1.5 m (4.9 feet) from any side or rear lot line and a
minimum of 3 m (10 feet) from any exterior side lot line.
4.13.13
All off-street parking spaces for Commercial and Institutional Use Zones shall be sited
with a minimum distance of 1.5 m (4.9 feet) from any side and rear lot line and a
minimum of 1.5 m (4.9 feet) from any exterior lot line. No off-street parking spaces
shall be permitted in the front yard of a lot zoned for Commercial Use or an
Institutional Use. (Bylaw 4006 - Jan 11/99)
4.14
SITING OF BUILDINGS AND STRUCTURES
(Bylaw 3585 - Mar 14/88)
4.14.1
For the purpose of applying the regulations of this Bylaw regarding the siting of
buildings, structures and objects, every lot shall be deemed to have four sides, to be
designated as follows: (Bylaw 3597 - Jun 27/88)
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4.14.1.(1)
A front lot line, which shall be
(a)
in the case of a lot which is neither a corner lot nor a double frontage lot, the
lot line or lines that abut or partially abut a street;
(b)
in the case of a corner lot which is not a double frontage lot, the shortest lot line
or group of lot lines that abut, or partially abut, one of the streets or branches of
a street, provided that where the exterior corner of the lot is defined by a curve
rather than a point of intersection, the measurements for the purpose of
determining the relative lengths of the said lines or groups of lines shall be taken
to the midpoint of the curve in each case;
(c)
in the case of a double frontage lot, each of the opposite lot lines that abut, or
partially abut, a street, except where the front lot line of an adjacent lot has
already been established, the front lot line shall be the line or lines contiguous to
the front lot line of such adjacent lot;
(d)
in the case of a panhandle lot, and notwithstanding subparagraph (a), the lot line
or lines contiguous to the access strip and approximately parallel to the street
from which vehicular access to the lot is gained;
(e)
in the case of a lot which does not abut a street, the lot line or lines abutting, or
partially abutting, the land over which vehicular access to the lot is gained.
4.14.1.(2)
A rear lot line, which shall be the lot line or lines opposite to and most distant from
any part of the front lot line, save and except a lot line which adjoins the front lot line;
or, in the case of a lot in respect of which the application of the foregoing produces no
designated rear lot line, an imaginary line 3 m (10 feet) in length drawn entirely within
the lot, parallel to and at the greatest possible distance from the front lot line.
4.14.1.(3)
Two side lot lines, each of which shall be any line or group of contiguous lines not
being a front lot line or a rear lot line.
4.14.2
"OPPOSITE," for the purpose of paragraph (2), means
4.14.2.(1)
in the case of a straight portion of the front lot line, any line intersected by an imaginary
line drawn perpendicular to that portion of the front lot line; and
4.14.2.(2)
in the case of a curvilinear portion of the front lot line, any line intersected by an
imaginary line drawn perpendicular to the tangent at any point on that portion of the
front lot line.
4.14.3
A side lot line abutting a street shall be designated as an exterior side lot line. Any side
lot line other than an exterior side lot line shall be designated as an interior side lot line.
(Bylaw 3585 - Feb 22/88)
4.15
SITING OF PAVED SURFACES
4.15.1.(1)
In Zones R-1, R-2 and R-3, the use of more than 25% of the front yard and 25% of
the rear yard as a paved surface is prohibited.
(Bylaw 3917 - Oct 15/96) (Bylaw 4320 - Jun 11/07) (Bylaw 4871 - Jun 24/24)
4.15.1.(2)
In Zone R-4, the use of more than 30% of the front yard and 25% of the rear yard as a
paved surface is prohibited. (Bylaw 4871 - Jun 24/24)
4.15.1.(3)
In Zone R-5, the use of more than 40% of the front yard and 25% of the rear yard as a
paved surface is prohibited. (Bylaw 4871 - Jun 24/24)
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4.16
RIPARIAN AREA PROTECTION
4.16.1
Subject to Sections 4.16.2 and 4.16.3, no building or structure shall be constructed or
erected wholly or partly within a riparian assessment area, nor shall any ancillary
activities within the meaning of the Riparian Areas Regulation (B.C. Reg. 376/2004)
under the Fish Protection Act be undertaken within such an area unless the
development proceeds in accordance with the assessment and notification process set
out in Section 4 of the said Regulation, and in any event no such development or part
thereof shall be located at a distance less than 7.62 m (25.0 ft) from the high water
mark of a stream or the top of a ravine bank as the case may be.
4.16.2
Despite Section 4.16.1 but subject to compliance with all other applicable enactments
including this Bylaw, a building or structure may be constructed or erected, and
ancillary activities within the meaning of the Riparian Areas Regulation may be
undertaken, at a distance from either side of the high water mark of a portion of a
stream flowing through a man-made channel upstream from a culverted portion
exceeding 250 m (820 ft) in continuous length, which shall not be less than
7.62 m (25.0 ft) unless varied pursuant to the applicable provisions of the Local
Government Act after completion of the assessment and notification process
substantially as set out in Section 4 of the said Regulation.
4.16.3
The requirements of Section 4.16.1 with respect to the assessment and notification
process shall not apply to a proposal to construct or erect:
4.16.3.(1)
a building or structure which would be separated from the stream or ravine by an
existing principal building, or by an existing accessory building on a foundation or slab
covering more than 27.9 sq. m (300 s.f.) of land, lying directly between the location of
the proposed building or structure and the stream or ravine; or
4.16.3.(2)
an accessory building on a foundation or slab covering not more than 9.29 sq. m
(100 s.f.) of land, or a fence, at a distance greater than 10.0 m (32.8 ft) from the high
water mark of the stream or the top of the ravine bank as the case may be.
(Bylaw 4281 - Jun 27/05)
4.17
RETAINING WALLS
4.17.1
No retaining wall shall have an exposed face with a vertical distance from bottom to
top exceeding 1.2 m (3.9 ft).
4.17.2
No combination of retaining walls shall have a combined exposed face with a vertical
distance from bottom to top exceeding 1.2 m (3.9 ft).
4.17.3
For the purpose of Section 4.17.2, two or more retaining walls constitute a combination
of retaining walls if the horizontal separation between them is 1.8 m (5.9 ft) or less for
each step.
4.17.4
Neither a retaining wall nor a fence is an accessory structure within the meaning of
this Bylaw. (Bylaw 4505 - Apr 26/10)
Zoning Bylaw Oak Bay
[40]
GENERAL
4.18
KEEPING OF POULTRY / BEES
4.18.1
The use of land, or any building or structure, for the keeping of poultry or bees is
prohibited except in accordance with the following regulations.
4.18.2
No poultry may be kept other than on land in the following zones:
(a)
R-1 Residential Use
(b)
R-2 Residential Use
(c)
R-3 Residential Use
(d)
R-4 Residential Use
(e)
R-5 Residential Use
4.18.3
Despite section 4.18.2, no poultry may be kept on any land that is within The Uplands.
4.18.4
No more than five (5) poultry may be kept on any parcel having an area less than or
equal to one thousand one hundred fourteen (1,114) square metres.
4.18.5
No more than ten (10) poultry may be kept on any parcel having an area greater than
one thousand one hundred fourteen (1,114) square metres.
4.18.6
Poultry must not be kept other than in a building or structure that:
(a)
except as permitted under subsection (b), is located at least 4.6 metres from the
rear lot line and side lot lines of the parcel;
(b)
where the rear lot line of the parcel adjoins a public lane, is located at least two
(2) metres from the rear lot line;
(c)
is located within the portion of the parcel bounded by the rear lot line, the side
lot lines and the projection of the wall of the principal building facing the rear
lot line to the closest points on the respective side lot lines;
(d)
is no more than two (2) metres in height.
4.18.7
Bees may not be kept other than on land zoned for residential use Zones under Part 6
of this Bylaw, on land zoned commercial under Part 9 of this bylaw or on land zoned
for institutional use under Part 11 of this Bylaw. (Bylaw 4839 - Jul 10/23)
4.18.8
The number of beehives erected, placed or constructed on a parcel must not exceed:
(a)
two (2) on a parcel having an area less than or equal to 930 square metres;
(b)
four (4) on a parcel having an area greater than 930 square metres.
4.18.9
A beehive must not be located closer than 1.5 metres to any boundary of a parcel.
4.18.10
A beehive in residential use Zones under Part 6 of this Bylaw must be located in the
Rear Yard. (Bylaw 4839 - Jul 10/23)
4.19
SHORT-TERM RENTALS
Zoning Bylaw Oak Bay
[41]
GENERAL
4.19.1
A Short-Term Rental is permitted as an accessory use in zones where residential use
is permitted as a principal use subject to the following conditions:
a) A maximum of one Short-Term Rental is permitted on a Parcel of land.
b) Short-Term Rentals are permitted in an Approved Dwelling Unit only.
c) A Short-Term Rental may only be operated in a Principal Building, except
that a Short-Term Rental may also be operated in a Secondary Suite or
Dwelling Unit, Accessory if operated by the owner of the unit.
d) A Short-Term Rental may only be operated in the Principal Residence of the
operator, except that a Short-Term Rental may also be operated in a Secondary
Suite or a Dwelling Unit, Accessory if the Principal Residence of the operator
is on the same property.
e) A Dwelling Unit may be used for a Short-Term Rental for no more than 60
overnight stays in a calendar year.
(Bylaw 4922 - Mar 9/26)
Zoning Bylaw Oak Bay
[42]
GENERAL
PART 5
5.1
PROHIBITED USES OF LANDS, BUILDINGS AND STRUCTURES
5.1.1
Despite any other provisions of this Bylaw, unless otherwise stated in this Part or as
permitted by the regulations for the zone in which a parcel of land is located, the
following uses are prohibited in all zones:
(Bylaw 4132 - Nov 13/01) (Bylaw 4367 - Jun 11/07)
5.1.1.(1)
A use located in part or in total in a tent, recreational vehicles, camper vehicle or trailer;
5.1.1.(2)
Agriculture, other than small-scale urban agriculture where expressly permitted;
(Bylaw 4132 - Nov 13/01) (Bylaw 4381 - Dec 17/07)
5.1.1.(3)
The use of the land for the keeping of a wrecked vehicle, other than in a garage or on
any lands in a Service Station Commercial Use Zone. A wrecked vehicle means a
motor vehicle, as defined in the Motor Vehicle Act, that is either not capable of being
moved by its own motive power, or is reduced to parts, frames, or bodies, and
(Bylaw 4132 - Nov 13/01)
5.1.1.(4)
Factories;
5.1.1.(5)
Commercial yards for the storing of lumber, fuel, junk or contractors' materials;
5.1.1.(6)
Facilities for the unloading or trans-shipment of fish for commercial purposes;
5.1.1.(7)
Warehouses, funeral parlours, laundries, veterinary hospitals and crematoria;
(Bylaw 3675 - Apr 22/91)
5.1.1.(8)
Rooming houses;
5.1.1.(9)
The use of a dwelling unit by more than three (3) unrelated persons;
5.1.1.(10)
Occupancy of land, foreshore, the Sea Zone, the surface of the sea or any lot for
recreational vehicles, automobiles, auto-trailers, houseboats, boats, rafts, scows,
mobile dwelling units or any movable structure when such objects are used for sleeping
or dwelling purposes;
5.1.1.(11)
Use of a lot or a portion of a lot by buses or parts of buses;
5.1.1.(12)
Use of a lot wherein food or drink is served or partaken within an automobile;
5.1.1.(13)
The keeping of animals, fowl or rodents except as permitted by the "Animal Control
Bylaw." (Bylaw 4112 - Feb 26/01)
5.1.1.(14)
With the exception of commercial advertising which may be displayed on bus shelters
under the authority of the Corporation, the use of a park, street, lane, public sidewalk
or beach for commercial purposes.
(Bylaw 4110 - Feb 26/01) (Bylaw 4295 - Nov 14/05) (Bylaw 4367 - Jun 11/07)
Zoning Bylaw Oak Bay
[43]
GENERAL
5.1.1.(15)
The use of a beach by:
(a)
any form of motor vehicle, except by employees, agents, licensees or contractors
of the Corporation, the Capital Regional District, the Crown Provincial or the
Crown Federal acting in the course of their duties and lawful authority;
(Bylaw 4367 - Jun 11/07)
(b)
aircraft; and
(c)
ultra-light aircraft.
5.1.1.(16)
The use of a park, beach, street, lane, public sidewalk or other public place for the
carrying on of a business. (Bylaw 4295 - Nov 14/05)
5.1.1.(17)
Notwithstanding Paragraphs 5.1.1.(14), 5.1.1.(15)(a) and 5.1.1.(16), the use of a park,
street, lane, beach or public sidewalk may be used for commercial filming subject to
approval by the Director of Parks, Recreation & Culture or his or her designate.
(Bylaw 4681 - Mar 13/17)
5.1.1.(18)
Aquaculture. (Bylaw 4132 - Nov 13/01)
5.1.1.(19)
Any of the following: (Bylaw 3531.103 - Nov 13/18)
(a)
the use of land or a building or structure for the retail sale of cannabis;
(b)
commercial growing or production of cannabis or cannabis products; and
(c)
cannabis consumption lounge.
5.1.1.(20) (Repealed - Bylaw 4922 - Mar 10/26)
5.1.2
Notwithstanding Sections 5.1.1.(14) and 5.1.1.(16), a portion of a street, lane or public
sidewalk abutting land zoned for a category of commercial use may be used for the
display and sale of goods, refreshments, or both, in connection with a community street
event.
5.1.3
For the purpose of Section 5.1.2, "community street event" means an event for which
a licence has been approved under Section 37.1.(1) of the Streets and Traffic Bylaw,
2000, or is an event referred to in Section 37.1.(2) of the said Bylaw.
5.1.4
Notwithstanding Sections 5.1.1.(14) and 5.1.1.(16) (but subject always to a trust
condition or a covenant registered against the title to the land), land comprising a
municipal park may be used for the display and sale of goods or refreshments, or for
paid amusements, or any combination thereof, where either:
(Bylaw 4305 - Apr 24/06)
5.1.4.(1)(a)
Council has approved a licence of occupation of such land to a person for a defined
period for a not-for-profit community event which Council has determined to be for
the benefit of the Municipality at large, and which does not detract from the purpose
of the land as a public place for recreation, ornamentation or preservation of the natural
environment, in respect of which such use is ancillary; and
Zoning Bylaw Oak Bay
[44]
GENERAL
5.1.4.(1)(b)
the person to whom the licence is granted has executed an agreement indemnifying the
Corporation from and against claims arising out of the event, releasing the Corporation
from claims of its own arising out of the event, providing evidence of public liability
insurance in an amount not less than Three Million Dollars ($3,000,000) inclusive per
occurrence for bodily injury, death, and damage to property with the Corporation
named as an additional insured, agreeing to pay all costs incurred by the Corporation
in connection with the occupancy, and agreeing to abide by any other conditions of
occupancy which may reasonably be required by the Corporation in light of the nature
of the property and the scale and nature of the event; (Bylaw 4320 - Jun 11/07)
or
5.1.4.(2)
such use is ancillary to a not-for profit community event under the auspices and control
of the Corporation, which Council has determined to be for the benefit of the
Municipality at large, and which does not detract from the purpose of the land as a
public place for recreation, ornamentation or preservation of the natural environment.
(Bylaw 4295 - Nov 14/05)
5.1.5
In application to a municipal park, "commercial purposes" within the meaning of
Section 5.1.1.(14) does not include the sale of refreshments where such sale:
(Bylaw 4367 - Jun 11/07)
5.1.5.(1)
occurs within a building;
5.1.5.(2)
is ancillary to a recreational use or other use of a park allowed by this Bylaw and
approved by:
5.1.5.(2)(a)
permit issued pursuant to the Parks and Beaches Bylaw; or
5.1.5.(2)(b)
licence of occupation issued by or under the authority of Council for a purpose other
than a specific event; and
5.1.5.(3)
is supervised and carried out by the permit-holder or licence-holder and is consistent
with the terms of the permit or licence. (Bylaw 4367 - Jun 11/07)
5.1.6
Notwithstanding Section 5.1.1.(14), the Corporation may charge fees for access to
recreation services provided by it within a municipal park, and may on such land
(subject to a trust condition or a covenant registered against the title to the land) offer
for sale within a building refreshments or items ancillary to a permitted use of the land.
(Bylaw 4367 - Jun 11/07)
Oak Bay Zoning Bylaw
[45]
RESIDENTIAL
PART 6
6.1
This Zone shall be known as
R-1 - RESIDENTIAL USE
6.1.1
Principal Uses Permitted
(a) One-unit dwelling
(b) Two-unit dwelling
(c) Multiple-unit dwelling
(Bylaw 4871 - Jun 24/24) (Bylaw 4984 - July 14, 2025)
6.1.2
Secondary Uses Permitted
6.1.2.(1)
(a)
A Boarding use conforming to 4.2.1.
(b)
Secondary Suite use conforming to 4.2.13 (Bylaw 4825 - Sept 20/22)
numbered for convenience only
(c)
Accessory dwelling unit
6.1.2.(2)
Without limiting the application or derogating from the requirements of the
Rubbish and Weed Control Bylaw, small-scale urban agriculture, provided,
(a)
the total area of land within the parcel which is under cultivation for the
production of fruits and vegetables for sale or exchange does not exceed 95 sq. m
(1,023 s.f.), with two contiguous parcels straddled by a single principal building
to be treated as one for the purpose of applying this subparagraph;
(b)
fruits or vegetables produced for sale or exchange are not grown or cultivated
within a greenhouse or other building;
(c)
no artificial lighting is used in connection with the small-scale urban agriculture
use;
(d)
no sign is erected, placed or maintained on the parcel identifying or in any way
connected with the small-scale urban agriculture use; and
(e)
fruits or vegetables produced for sale or exchange are not available for purchase
by the general public on the parcel. (Bylaw 4381 - Dec 17/07)
6.1.2.(3)
Home-based child care. (Bylaw 4401 - Mar 10/08)
6.1.2.(4)
Residential business use conforming to 4.2.8. (Bylaw 3974 - Mar 23/98)
6.1.3
Accessory Uses Permitted and Required
6.1.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
6.1.3.(2)
Accessory buildings.
6.1.3.(3)
Accessory structures. (Bylaw 4505 - Apr 26/10)
Oak Bay Zoning Bylaw
[46]
RESIDENTIAL
6.1.4
Regulations for Buildings and Structures
(Miscellaneous changes - Bylaw 4871 - Jun 24/24)
Principal
Building
Accessory
Buildings and
Accessory
Dwelling
Units
Accessory
Structures
6.1.4.(1)
Number Permitted
two
two
two
6.1.4.(2)
Setbacks- Minimum
(a) Front lot line
10.7 m
(35.1')
10.7 m
(35.1')
10.7m
(35.1')
(b) Rear lot line
7.6 m
(24.9')
1.5 m
(4.9') except it
is 3.0 m (9.8')
for an
Accessory
Dwelling Unit
1.5 m
(4.9')
(c) Interior side lot line
(except in The Uplands,
see Schedule "C")
3.0 m
(9.8')
1.5 m
(4.9') except it
is 3.0 m (9.8')
for an
Accessory
Dwelling Unit
1.5 m
(4.9')
(d) Exterior side lot line
7.6 m
(24.9')
7.6 m
(24.9') except
it is 6.0 m
(19.7') for an
Accessory
Dwelling Unit
7.6 m
(24.9')
(e) Total of side lot lines
(applicable only in
The Uplands)
To be determined as
a function of
lot breadth in
accordance with
Schedule "C"
N/A
N/A
6.1.4.(3)
Maximum Height and Storeys
(a) Building Height
See NOTE below
3.0 m
(9.8') except it
is 6.0 m
(19.7') for an
Accessory
Dwelling Unit
4.6 m
(15.1')
(b) (Removed - Bylaw 4871 -
Jun 24/24)
(c) Roof Height
See NOTE below
4.6 m
(15.1') except
N/A
Oak Bay Zoning Bylaw
[47]
RESIDENTIAL
it is 7.5 m
(24.6') for an
Accessory
Dwelling Unit
N O T E: To be determined as a function of lot breadth in accordance with Schedule B
(Bylaw 3643 - May 28/90)
(d)
a Principal Building may not exceed three (3) storeys including basements.
(Bylaw 4871 - Jun 24/24)
(e)
An Accessory Dwelling Unit may not exceed 2 storeys including basements.
(Bylaw 4871 - Jun 24/24)
6.1.4.(4)
Density
(Bylaw 4871 - Jun 24/24)
(Bylaw 4984 - July 14, 2025)
Density shall not exceed four
(4) dwelling units, except:
(a) For heritage designated lots
listed in Schedule F,
density shall not exceed
two (2) dwelling units.
(b) Floor Area Ratio Maximum
for a maximum of two (2)
dwelling units.
(c) Floor Area Ratio for up to
four (4) dwelling units but
no fewer than three (3)
dwelling units.
0.2
0.25
6.1.4.(5)
(a) Lot Coverage Maximum for
a one-unit residential
dwelling.
(Bylaw 3864 - Aug 14/95)
(b) Lot Coverage Maximum for
any combination of two or
more dwelling units on a lot.
25%
30% inclusive of
accessory buildings
and accessory
dwelling units
5%
5%
5%
6.1.4.(6)
(Removed - Bylaw 4871 - Jun 24/24)
6.1.4.(7)
A clear space of 3m (10 feet) shall be provided between buildings and between
buildings and structures.
6.1.4.(8) An accessory building constructed between the front lot line and the principal building
shall conform to the same setback requirements for the principal building for the side
lot lines.
6.1.4.(9)
A principal use and a secondary use, except for small-scale urban agriculture and
accessory dwelling unit, are only permitted within a principal building.
Oak Bay Zoning Bylaw
[48]
RESIDENTIAL
(Bylaw 4627 - Nov 10/14)
6.1.4.(10)
(Removed - Bylaw 4871 - Jun 24/24)
6.1.4.(11)
(Removed - Bylaw 4871 - Jun 24/24)
6.1.4.(12)
Live Landscaping Coverage minimum is 50%. (Bylaw 4871 - Jun 24/24)
6.1.4.(13)
Impermeable Surface Coverage maximum is 40%.
6.2
This Zone shall be known as
Oak Bay Zoning Bylaw
[49]
RESIDENTIAL
R-2 - RESIDENTIAL USE
6.2.1
Principal Uses Permitted
6.2.1.(1)
(a) One-unit dwelling
(b) Two-unit dwelling
(c) Multipleunit dwelling
(Bylaw 4871 - Jun 24/24) (Bylaw 4984 - July 14, 2025)
6.2.2
Secondary Uses Permitted
6.2.2.(1)
(a)
A Boarding use conforming to 4.2.1
(b)
Secondary Suite use conforming to 4.2.13 (Bylaw 4825 - Sept 20/22)
(c)
Accessory dwelling unit (Bylaw 4871 - Jun 24/24)
6.2.2.(2)
Without limiting the application or derogating from the requirements of the
Rubbish and Weed Control Bylaw, small-scale urban agriculture, provided,
(a)
the total area of land within the parcel which is under cultivation for the
production of fruits and vegetables for sale or exchange does not exceed 95 sq. m
(1,023 s.f.), with two contiguous parcels straddled by a single principal building
to be treated as one for the purpose of applying this subparagraph;
(b)
fruits or vegetables produced for sale or exchange are not grown or cultivated
within a greenhouse or other building;
(c)
no artificial lighting is used in connection with the small-scale urban agriculture
use;
(d)
no sign is erected, placed or maintained on the parcel identifying or in any way
connected with the small-scale urban agriculture use; and
(e)
fruits or vegetables produced for sale or exchange are not available for purchase
by the general public on the parcel. (Bylaw 4381 - Dec 17/07)
6.2.2.(3)
Home-based child care. (Bylaw 4401 - Mar 10/08)
6.2.2.(4)
Residential business use conforming to 4.2.8. (Bylaw 3974 - Mar 23/98)
6.2.3
Accessory Uses Permitted and Required
6.2.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
6.2.3.(2)
Accessory buildings.
6.2.3.(3)
Accessory structures. (Bylaw 4505 - Apr 26/10)
Oak Bay Zoning Bylaw
[50]
RESIDENTIAL
6.2.4
Regulations for Buildings and Structures
(Miscellaneous changes - Bylaw 4871 - Jun 24/24)
Principal
Building
Accessory
Buildings and
Accessory
Dwelling Units
Accessory
Structures
6.2.4.(1)
Number Permitted
two
two
two
6.2.4.(2)
Setbacks- Minimum
(a) Front lot line
10.7 m
(35.1')
10.7 m
(35.1')
10.7 m
(35.1')
(b) Rear lot line
7.6 m
(24.9')
1.5 m
(4.9') except it
is 3.0 m (9.8')
for an
Accessory
Dwelling Unit
1.5 m
(4.9')
(c) Interior side lot line
(except in The Uplands,
see Schedule "C")
3.0 m
(9.8')
1.5 m
(4.9') except it
is 3.0 m (9.8')
for an
Accessory
Dwelling Unit
1.5 m
(4.9')
(d) Exterior side lot line
7.6 m
(24.9')
7.6 m
(24.9') except
it is 6.0 m
(19.7') for an
Accessory
Dwelling Unit
7.6 m
(24.9')
(e) Total of side lot lines
(applicable only in
The Uplands)
To be determined as
a function of
lot breadth in
accordance with
Schedule "C"
N/A
N/A
6.2.4.(3)
Maximum Height and Storeys
(a) Building Height
See NOTE below
3.0 m
(9.8') except it
is 6.0 m (19.7')
for an
Accessory
Dwelling Unit
4.6 m
(15.1')
(b) (Removed - Bylaw 4874 -
Jun 24/24)
(c) Roof Height
See NOTE below
4.6 m
(15.1') except
it is 7.5 m
(24.6') for an
Accessory
N/A
Oak Bay Zoning Bylaw
[51]
RESIDENTIAL
Dwelling Unit
N O T E: To be determined as a function of lot breadth in accordance with Schedule B
(Bylaw 3643 - May 28/90)
(d) a Principal Building may not exceed three (3) storeys including basements.
(Bylaw 4871 - Jun 24/24)
(e) An Accessory Dwelling Unit may not exceed 2 storeys including basements.
(Bylaw 4871 - Jun 24/24)
6.2.4.(4)
Density
(Bylaw 4871 - Jun 24/24)
Density shall not exceed four
(4) dwelling units, except:
(a) For heritage designated lots
listed in Schedule F,
density shall not exceed
two (2) dwelling units.
(b) Floor Area Ratio for a
maximum of two (2)
dwelling units.
0.3
(c) Floor Area Ratio for up to
four (4) dwelling units but
no fewer than three (3)
dwelling units.
0.4
6.2.4.(5) (a) Lot Coverage Maximum
for a one-unit
dwelling.
(Bylaw 3864 - Aug
14/95)
(b) Lot Coverage Maximum
for any combination of
two or more dwelling units
on a lot.
25%
30% inclusive of
accessory buildings
and accessory
dwelling units
5%
5%
5%
6.2.4.(6)
(Removed - Bylaw 4871 -
Jun 24/24)
6.2.4.(7)
A clear space of 3 m (10 feet) shall be provided between buildings and between
buildings and structures.
6.2.4.(8)
An accessory building constructed between the front lot line and the principal building
shall conform to the same setback requirements for the principal building for the side
lot lines.
6.2.4.(9)
A principal use and a secondary use, except for small-scale urban agriculture and
accessory dwelling unit, are only permitted within a principal building.
Oak Bay Zoning Bylaw
[52]
RESIDENTIAL
(Bylaw 4627 - Nov 10/14)
6.2.4.(10) (Removed - Bylaw 4871 - Jun 24/24)
6.2.4.(11) (Removed - Bylaw 4871 - Jun 24/24)
6.2.4.(12)
Live Landscaping Coverage minimum is 40%. (Bylaw 4871 - Jun 24/24)
6.2.4.(13)
Impermeable Surface Coverage maximum is 50%.
Oak Bay Zoning Bylaw
[53]
RESIDENTIAL
6.3
This Zone shall be known as
R-3 - RESIDENTIAL USE
6.3.1
Principal Uses Permitted
6.3.1.(1) (a) One-unit dwelling
(b) Two-unit dwelling
(c) Multiple-unit dwelling
(Bylaw 4871 - Jun 24/24) (Bylaw 4894 - July 14, 2025)
6.3.2
Secondary Uses Permitted
6.3.2.(1)
(a)
A Boarding use conforming to 4.2.1.
(b)
Secondary Suite use conforming to 4.2.13 (Bylaw 4825 - Sept 20/22)
(c)
Accessory dwelling unit (Bylaw 4871 - Jun 24/24)
6.3.2.(2)
Without limiting the application or derogating from the requirements of the
Rubbish and Weed Control Bylaw, small-scale urban agriculture, provided,
(a)
the total area of land within the parcel which is under cultivation for the
production of fruits and vegetables for sale or exchange does not exceed 95 sq. m
(1,023 s.f.), with two contiguous parcels straddled by a single principal building
to be treated as one for the purpose of applying this subparagraph;
(b)
fruits or vegetables produced for sale or exchange are not grown or cultivated
within a greenhouse or other building;
(c)
no artificial lighting is used in connection with the small-scale urban agriculture
use;
(d)
no sign is erected, placed or maintained on the parcel identifying or in any way
connected with the small-scale urban agriculture use; and
(e)
fruits or vegetables produced for sale or exchange are not available for purchase
by the general public on the parcel. (Bylaw 4381 - Dec 17/07)
6.3.2.(3)
Home-based child care. (Bylaw 4401 - Mar 10/08)
6.3.2.(4)
Residential business use conforming to 4.2.8. (Bylaw 3974 - Mar 23/98)
6.3.3
Accessory Uses Permitted and Required
6.3.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
6.3.3.(2)
Accessory buildings.
6.3.3.(3)
Accessory structures. (Bylaw 4505 - Apr 26/10)
Oak Bay Zoning Bylaw
[54]
RESIDENTIAL
6.3.4
Regulations for Buildings and Structures
(Miscellaneous changes - Bylaw 4871 - Jun 24/24)
Principal
Building
Accessory
Buildings and
Accessory
Dwelling
Units
Accessory
Structures
6.3.4.(1)
Number Permitted
two
two
two
6.3.4.(2)
Setbacks- Minimum
(a) Front lot line
(Bylaw 3643 - May 28/90)
7.6 m
(24.9')
7.6 m
(24.9')
7.6 m
(24.9')
(b) Rear lot line
7.6 m
(24.9')
0.6 m
(2.0') except it
is 3.0 m (9.8')
for an
Accessory
Dwelling Unit
1.5 m
(4.9)
(c) Interior side lot line
(subject to paragraph 11)
(Bylaw 3643 - May 28/90)
1.5 m
(4.9')
0.6 m
(2.0') except it
is except it is
3.0 m (9.8')
for an
Accessory
Dwelling Unit
1.5 m
(4.9)
(d) Exterior side lot line
3.7 m
(12.1')
3.7 m
(12.1')
3.7 m
(12.1')
(e) Total of side lot lines
4.6 m
(15.0')
N/A
N/A
6.3.4.(3)
Maximum Height and Storeys
(a) Building Height
See NOTE below
3.0 m
(9.8') except it
is 6.0 m
(19.7') for an
Accessory
Dwelling Unit
4.6 m
(15.1')
(b) (Removed - Bylaw 4871 -
Jun 24/24
(c) Roof Height
See NOTE below
4.6 m
(15.1')except
it is 7.5 m
(24.6') for an
Accessory
Dwelling Unit
N/A
N O T E: To be determined as a function of lot breadth in accordance with Schedule B
Oak Bay Zoning Bylaw
[55]
RESIDENTIAL
(Bylaw 3643 - May 28/90)
(d) a Principal Building
may not exceed three
(3) storeys including
basements.
(Bylaw 4871 - Jun
24/24)
(e) An Accessory
Dwelling
Unit may not exceed 2
storeys including
basements.
(Bylaw 4871 - Jun
24/24)
6.3.4.(4)
Density
(Bylaw 4871 - Jun 24/24)
Density shall not exceed four (4)
dwelling units, except:
(a) For heritage designated lots
listed in Schedule F, density
shall not exceed two (2)
dwelling units.
(b) Floor Area Ratio Maximum for
a maximum of two (2) dwelling
units.
0.4 for a total of
all buildings
(c) Floor Area Ratio for up to four
(4) dwelling units but no fewer
than three (3) dwelling units
0.55 for a total of
all buildings
6.3.4.(5)
6.3.4.(6)
(a) Lot Coverage Maximum for a
one-unit dwelling
(Bylaw 3864 - Aug 14/95)
(Bylaw 4984 - July 14, 2025)
(b) Lot Coverage Maximum for any
combination of two or more
dwelling units on a lot
(Removed - Bylaw 4871 -
Jun 24/24)
25%
30%
5%
5%
5%
6.3.4.(7)
A clear space of 3 m (10 feet) shall be provided between buildings and between
buildings and structures.
6.3.4.(8)
An accessory building constructed in the area between the front lot line and a line 25 m
(82 feet) distant from and parallel to the front lot line shall conform to the same setback
requirements for the principal building for the side lot lines.
Oak Bay Zoning Bylaw
[56]
RESIDENTIAL
6.3.4.(9)
A principal use and a secondary use, except for small-scale urban agriculture and
accessory dwelling unit, are only permitted within a principal building.
(Bylaw 4627 - Nov 10/14)
6.3.4.(10)
(Removed - Bylaw 4871 - Jun 24/24)
6.3.4.(11)
Notwithstanding 6.3.4.(2)(c) Interior side lot line, in respect of a principal building
containing more than one storey, the interior side lot line setback of the second storey
and all portions of the building above the second storey shall be a distance not less than
3.0 m (9.8 feet). (Bylaw 3643 - May 28/90)
6.3.4.(12)
Live Landscaping Coverage minimum is 40%. (Bylaw 4871 - Jun 24/24)
6.3.4.(13)
Impermeable Surface Coverage maximum is 50%. (Bylaw 4984 - July 14, 2025)
Oak Bay Zoning Bylaw
[57]
RESIDENTIAL
6.4
This Zone shall be known as
R-4 - RESIDENTIAL USE
6.4.1
Principal Uses Permitted
6.4.1.(1)
(a) One-unit dwelling
(b) Two-unit dwelling
(c) Multiple-unit dwelling
(Bylaw 4871 - Jun 24/24) (Bylaw 4984 - July 14, 2025)
6.4.2
Secondary Uses Permitted
6.4.2.(1)
(a)
A Boarding use conforming to 4.2.1.
(b)
Secondary Suite use conforming to 4.2.13 (Bylaw 4825 - Sept 20/22)
(c)
Accessory Dwelling Unit (Bylaw 4871 - Jun 24/24)
6.4.2.(2)
Without limiting the application or derogating from the requirements of the
Rubbish and Weed Control Bylaw, small-scale urban agriculture, provided,
(a)
the total area of land within the parcel which is under cultivation for the
production of fruits and vegetables for sale or exchange does not exceed 95 sq. m
(1,023 s.f.), with two contiguous parcels straddled by a single principal building
to be treated as one for the purpose of applying this subparagraph;
(b)
fruits or vegetables produced for sale or exchange are not grown or cultivated
within a greenhouse or other building;
(c)
no artificial lighting is used in connection with the small-scale urban agriculture
use;
(d)
no sign is erected, placed or maintained on the parcel identifying or in any way
connected with the small-scale urban agriculture use; and
(e)
fruits or vegetables produced for sale or exchange are not available for purchase
by the general public on the parcel. (Bylaw 4381 - Dec 17/07)
6.4.2.(3)
Home-based child care. (Bylaw 4401 - Mar 10/08)
6.4.2.(4)
(Repealed - Bylaw 3974 - Mar 23/98)
6.4.2.(5)
A Residential business use conforming to 4.2.8.
6.4.3
Accessory Uses Permitted and Required
6.4.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
6.4.3.(2)
Accessory buildings.
6.4.3.(3)
Accessory structures. (Bylaw 4505 - Apr 26/10)
Oak Bay Zoning Bylaw
[58]
RESIDENTIAL
6.4.4
Regulations for Buildings and Structures
(Miscellaneous changes - Bylaw 4871 - Jun 24/24) (Bylaw 4984 - July 14, 2025)
Principal
Building
Accessory
Buildings
and
Accessory
Dwelling
Units
Accessory
Structures
6.4.4.(1)
Number Permitted
two
two
two
6.4.4.(2)
Setbacks- Minimum
(a) Front lot line
(Bylaw 3643 - May 28/90)
6.0 m
(19.7')
6.0 m
(19.7')
7.6 m
(23.6')
(b) Rear lot line
(Bylaw 4648 - Jun 22/15)
7.6 m
(24.9')
0.6 m
(2.0')
except it is
1.5 m
(4.9') for
an
Accessory
Dwelling
Unit
1.5 m
(4.9)
(c) Interior side lot line
(subject to paragraphs 8 and
11)
(Bylaw 3643 - May 28/90)
1.5 m
(4.9')
0.6 m
(2.0')
except it is
1.5 m
(4.9') for
an
Accessory
Dwelling
Unit
1.5 m
(4.9')
(d) Exterior side lot line
3.7 m
(12.1')
3.7 m
(12.1')
3.7 m
(12.1')
(e) Total of side lot lines
4.6 m
(15.1')
N/A
N/A
(f) Notwithstanding 6.4.4.(2)(b) and (c), for Accessory Dwelling Units,
i.
any window facing an interior side or a rear lot line must, in the opinion of the
Director, be semi-opaque, screened or shall be at a distance of no less than 2.0
m (6.6.ft) from the side lot line, and
ii.
any deck above the first storey shall be at a distance of no less than 3.0 m (9.8
ft) from an interior side or rear lot line unless the deck is screened by a fence or
structure no less than 1.8 m (6 ft) in height, and in no case shall a deck be
located less than 2.0 m (6.6 ft) from a lot line.
6.4.4.(3)
Oak Bay Zoning Bylaw
[59]
RESIDENTIAL
Maximum Height and Storeys
(a) Building Height where no
more than two (2) dwelling
units are situated on a lot
Building Height where no
more than four (4) and no
fewer than three (3) dwelling
units are situated on a lot
See NOTE below
8.5 m (27.9')
3.0 m
(9.8')
except it is
6.0 m
(19.7') for
an
Accessory
Dwelling
Unit
4.6 m
(15.1')
(b) (Removed - Bylaw 4871 -
Jun 24/24)
(c) Roof Height where no more
than two (2) dwelling units
are situated on a lot
(d) Roof Height where no more
than four (4) and no fewer
than three (3) dwelling units
are situated on a lot
See NOTE below
10.0 m (32.8')
4.6 m
(15.1')
except it is
7.5 m
(24.6') for
an
Accessory
Dwelling
Unit
N/A
N O T E: To be determined as a function of lot breadth in accordance with Schedule B
(Bylaw 3643 - May 28/90)
(e) a Principal Building may
not exceed three (3)
storeys including
basements.
(Bylaw 4871 - Jun 24/24)
(f) An Accessory Dwelling
Unit may not exceed 2
storeys including
basements.
(Bylaw 4871 - Jun 24/24)
6.4.4.(4)
Maximum Lot Coverage:
One-Unit Dwelling
30% for all buildings and structures, of which
a maximum of 7% may be for accessory
buildings
One-Unit Dwelling (Single Storey)
35% for all buildings and structures, of which
a maximum of 7% may be for accessory
buildings
Two or more Dwelling Units
30%
Where an existing Dwelling Unit is
retained and was granted Occupancy prior
to November 30, 2023
An additional 7% Lot Coverage is permitted
provided the additional Lot Coverage is used
for an Accessory Dwelling Unit
Oak Bay Zoning Bylaw
[60]
RESIDENTIAL
6.4.4.(5)
6.4.4.(6)
(Bylaw 3864 - Aug 14/95) (Bylaw 4451 - Jan 26/09) (Bylaw 4648 - Jun 22/15) (Bylaw
4871 - Jun 24/24) (Bylaw 4894 - July 14, 2025)
Density
(Bylaw 4871 - Jun 24/24) (Bylaw 4984 - July 14, 2025)
Density shall not exceed four (4) dwelling units, except:
(a ) For heritage designated lots listed in Schedule F, density shall not exceed two (2)
dwelling units.
(b) The maximum Floor Area Ratio for a maximum of two (2) dwelling units in a principal
building shall not exceed 0.4.
(c) The maximum Floor Area Ratio for a maximum of two (2) dwelling units of which
one (1) unit is an Accessory Dwelling Unit, shall not exceed 0.5.
(d) The maximum Floor Area Ratio for a maximum of three (3) or four (4) dwelling units
on the lot shall not exceed 0.6.
(Removed - Bylaw 4871 - Jun 24/24)
6.4.4.(6)(a)
(Repealed - Bylaw 4648 - Jun 22/15)
6.4.4.(6)(b)
(Repealed - Bylaw 4648 - Jun 22/15)
6.4.4.(7)
A clear space of 3 m (10 feet) shall be provided between buildings and between
buildings and structures.
6.4.4.(8)
An accessory building constructed in the area between the front lot line and a line 25 m
(82 feet) distant from and parallel to the front lot line shall conform to the same setback
requirements for the principal building for the side lot lines.
6.4.4.(9)
A principal use and a secondary use, except for small-scale urban agriculture and
accessory dwelling unit, are only permitted within a principal building.
(Bylaw 4627 - Nov 14/14)
6.4.4.(10)
(Removed - Bylaw 4871 - Jun 24/24)
6.4.4.(11)
Notwithstanding 6.4.4.(2)(c) interior side lot line in respect of a principal building
containing more than one storey, the interior side lot line setback of the second storey
and all portions of the building above the second storey shall be a distance not less than
3.0 m (9.8 feet). (Bylaw 3643 - May 28/90) For the purposes of this section the first
storey is the lowest storey having its floor level less than 0.8 m (2.6 feet) below grade.
(Bylaw 4871 - Jun 24/24)
6.4.4.(12)
Live Landscaping Coverage minimum is 35% (Bylaw 4871 - Jun 24/24) (Bylaw 4984
- July 14, 2025), which, for the purposes of tree planting, includes a minimum of one
consolidated rectangular area of no less than 35 m2 (376.7 ft2):
(a) where no one side is less than 4.5 m (14.8 ft), and
(b) where there are no above ground or below ground structures.
Oak Bay Zoning Bylaw
[61]
RESIDENTIAL
6.4.4.(13)
Impermeable Surface Coverage maximum is 50%.
6.5
This Zone shall be known as
R-5 - RESIDENTIAL USE
6.5.1
Principal Uses Permitted
6.5.1.(1)
(a) One-unit dwelling
(b) Two-unit dwelling
(c) Multiple-unit dwelling
(Bylaw 4871 - Jun 24/24) (Bylaw 4984 - July 14, 2025)
6.5.1.(2)
Congregate housing use to a maximum of eight (8) persons and two (2) domestic
support staff, but only on those parcels of land described as
Lot 7, Block 1, Section 69, Victoria District, Plan 919 and Lot 8, Block 1, Section 69,
Victoria District, Plan 919 (Bylaw 3531.105 - Jan 25/21)
6.5.2
Secondary Uses Permitted
6.5.2.(1)
(a)
A Boarding use conforming to 4.2.1
(b)
Secondary Suite use conforming to 4.2.13 (Bylaw 4825 - Sept 20/22)
(c)
Accessory Dwelling Unit (Bylaw 4871 - Jun 24/24)
6.5.2.(2)
Without limiting the application or derogating from the requirements of the
Rubbish and Weed Control Bylaw, small-scale urban agriculture, provided,
(a)
the total area of land within the parcel which is under cultivation for the
production of fruits and vegetables for sale or exchange does not exceed 95 sq. m
(1,023 s.f.), with two contiguous parcels straddled by a single principal building
to be treated as one for the purpose of applying this subparagraph;
(b)
fruits or vegetables produced for sale or exchange are not grown or cultivated
within a greenhouse or other building;
(c)
no artificial lighting is used in connection with the small-scale urban agriculture
use;
(d)
no sign is erected, placed or maintained on the parcel identifying or in any way
connected with the small-scale urban agriculture use; and
(e)
fruits or vegetables produced for sale or exchange are not available for purchase
by the general public on the parcel. (Bylaw 4381 - Dec 17/07)
6.5.2.(3)
Home-based child care. (Bylaw 4401 - Mar 10/08)
6.5.2.(4)
(Repealed - Bylaw 3974 - Mar 23/98)
6.5.2.(5)
A Residential business use conforming to 4.2.8
6.5.3
Accessory Uses Permitted and Required
6.5.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
Oak Bay Zoning Bylaw
[62]
RESIDENTIAL
6.5.3.(2)
Accessory buildings.
6.5.3.(3)
Accessory structures. (Bylaw 4505 - Apr 26/10)
6.5.4
Regulations for Buildings and Structures
(Miscellaneous changes - Bylaw 4871 - Jun 24/24)
Principal
Building
Accessory
Buildings
and
Accessory
Dwelling
Units
Accessory
Structures
6.5.4.(1)
Number Permitted
one
two
two
6.5.4.(2)
Setbacks- Minimum
(a) Front lot line
(Bylaw 3643 - May 28/90)
6.0 m
(19.7')
6.0 m
(19.7')
7.6 m
(24.9')
(b) Rear lot line
(Bylaw 4648 - Jun 22/15)
7.6 m (24.9')
0.6 m
(2.0')
except it is
1.5 m
(4.9') for
an
Accessory
Dwelling
Unit
1.5 m
(4.9')
(c) Interior side lot line
(subject to paragraphs 8 and
11)
(Bylaw 3643 - May 28/90)
1.5 m
(4.9')
0.6 m
(2.0')
except it is
1.5 m
(4.9') for
an
Accessory
Dwelling
Unit
1.5 m
(4.9')
(d) Exterior side lot line
3.7 m
(12.1')
3.7 m
(12.1')
3.7 m
(12.1')
(e) Total of side lot lines
4.6 m
(15.0')
N/A
N/A
(f) Notwithstanding 6.5.4.(2)(b) and (c), for Accessory Dwelling Units,
i.
any window facing an interior side or a rear lot line must, in the opinion of the
Director of Planning, be semi-opaque, screened, or shall be at a distance of no less
than 2.0 m (6.6.ft) from the side lot line, and
ii.
any deck above the first storey shall be at a distance of no less than 3.0 m (9.8 ft)
from an interior side or rear lot line unless the deck is screened by a fence or
structure no less than 1.8 m (6 ft) in height, and in no case shall a deck be located
less than 2.0 m (6.6 ft) from a lot line.
Oak Bay Zoning Bylaw
[63]
RESIDENTIAL
6.5.4.(3)
Maximum Height and Storeys
(a) Building Height where no more
than two (2) dwelling units are
situated on a lot
Building Height where no more
than four (4) and no fewer than
three (3) dwelling units are
situated on a lot
See NOTE below
8.5 m (27.9')
3.0 m
(9.8')
except it is
6.0 m
(19.7') for
an
Accessory
Dwelling
Unit
4.6 m
(15.1')
(b) (Removed - (Bylaw 4871 -
Jun 24/24)
(c) Roof Height where no more
than two (2) dwelling units
are situated on a lot
(d) Roof Height where no more
than four (4) and no fewer
than three (3) dwelling units
are situated on a lot
See NOTE below
10.0 m (32.8')
4.6 m
(15.1')
except it is
7.5m
(24.6') for
an
Accessory
Dwelling
Unit
N/A
N O T E: To be determined as a function of lot breadth in accordance with Schedule B
(Bylaw 3643 - May 28/90)
(e) A Principal Building may not exceed three (3) storeys including basements.
(Bylaw 4871 - Jun 24/24)
(f) An Accessory Dwelling Unit may not exceed 2 storeys including basements.
(Bylaw 4871 - Jun 24/24)
6.5.4.(4)
Maximum Lot Coverage
Maximum Lot Coverage
One-Unit Dwelling
30% for all buildings and structures, of which a
maximum of 7% may be for accessory buildings
One-Unit Dwelling (Single
Storey)
35% for all buildings and structures, of which a
maximum of 7% may be for accessory buildings
Two or more Dwelling Units
30%
Where an existing Dwelling
Unit is retained and was
granted Occupancy prior to
November 30, 2023
30% for all buildings and structures, and an additional
10% Lot Coverage is permitted provided the additional
Lot Coverage is used for an Accessory Dwelling Unit.
(Bylaw 3864 - Aug 14/95) (Bylaw 4451 - Jan 26/09) (Bylaw 4648 - Jun 22/15)
(Bylaw 4871 - Jun 24/24) (Bylaw 4984 - July 14, 2025)
6.5.4.(5)
Density
(Bylaw 4871 - Jun 24/24) (Bylaw 4984 - July 14, 2025)
For any parcels greater than 280 sq. m (2,988 sq. ft.) density shall not exceed four (4)
Oak Bay Zoning Bylaw
[64]
RESIDENTIAL
dwelling units.
For any parcels equal to or smaller than 280 sq. m (2,988 sq. ft.), density shall not exceed
three (3) dwelling units.
Density shall not exceed four (4) dwelling units, except:
(a) Notwithstanding parcel size based density provisions, for heritage designated lots listed
in Schedule F, density shall not exceed two (2) dwelling units.
(b) The maximum Floor Area Ratio for a maximum of two (2) dwelling units in a principal
building shall not exceed 0.4.
(c) The maximum Floor Area Ratio for a maximum of two (2) dwelling units of which one
(1) unit is an Accessory Dwelling Unit, shall not exceed 0.6.
(d) The maximum Floor Area Ratio for a maximum of three (3) or four (4) dwelling units
on the lot shall not exceed 0.8.
6.5.4.(6)(a)
(Repealed - Bylaw 4848 - Jun 22/15)
6.5.4.(6)(b)
(Repealed - Bylaw 4848 - Jun 22/15)
6.5.4.(7)
A clear space of 3 m (10 feet) shall be provided between buildings and between
buildings and structures.
6.5.4.(8)
An accessory building constructed in the area between the front lot line and a line 25
m (82 feet) distant from and parallel to the front lot line shall conform to the same
setback requirements for the principal building for the side lot lines.
6.5.4.(9)
A principal use and a secondary use, except for small-scale urban agriculture and
accessory dwelling unit, are only permitted within a principal building.
(Bylaw 4627 - Nov 10/14)
6.5.4.(10) (Removed - Bylaw 4871 - Jun 24/24)
6.5.4.(11)
Notwithstanding 6.5.4.(2)(c) interior side lot line, in respect of a principal building
containing more than one storey, the interior side lot line setback of the second storey
and all portions of the building above the second storey shall be a distance not less
than 3.0 m (9.8 feet). For the purposes of this section the first storey is the lowest
storey having its floor level less than 0.8 m (2.6 feet) below grade.
(Bylaw 3643 - May 28/90) (Bylaw 4871 - Jun 24/24)
6.5.4.(12)
Live Landscaping Coverage minimum is 25%. (Bylaw 4871 - Jun 24/24), which, for
the purposes of tree planting, includes a minimum of one consolidated rectangular area
of no less than 35 m2 (376.7 ft2):
(a)
where no one side is less than 4.5 m (14.8 ft), and
(b)
where there are no above ground or below ground structures.
(Bylaw 4984 - July 14, 2025)
6.5.4.(13)
Impermeable Surface Coverage maximum is 55%.
Oak Bay Zoning Bylaw
[65]
RESIDENTIAL
(Bylaw 4984 - July 14, 2025)
6.5.4.(14)
Despite the regulation under 6.5.4.(5) the following regulations apply to
2465 Florence St (PID: 000-591-505)
a) Maximum Floor Area Ratio shall not exceed 0.58.
(Bylaw 4856 - May 13/24) (Bylaw 4871 - Jun 24/24)
6.5.4.(15)
On the parcel of land described as: Lot A, Plan 24794, Section 23, Victoria Land
District. Civic Address:1391 Oliver Street. PID: 002-826-127:
(a) Notwithstanding 6.5.4.(2), the minimum interior side lot line setback is 0.7 m
(south).
(b) Notwithstanding 6.5.4.(3), roof height may not exceed 10.1 m.
(c) Notwithstanding 6.5.4.(4), lot coverage may not exceed 43% inclusive of any
Principal Buildings, Accessory Buildings and Accessory Dwelling Units and 7%
for accessory structures.
(d) Notwithstanding 6.5.4.(5), maximum Floor Area Ratio for a one dwelling unit is
0.75.
(Bylaw 4871 - Jun 24/24)
6.5.4.(16)
On the parcel of land described as Lot 1, Plan EPP70235, Section 69, Victoria Land
District. Civic Address: 1616 Yale Street. PID: 030-111-951:
(a) Notwithstanding 6.5.4.(2) the minimum front lot line setback is 5.6 m.
(b) Notwithstanding 6.5.4.(4), lot coverage may not exceed 32.1% inclusive of any
Principal Buildings, Accessory Buildings and Accessory Dwelling Units.
(c) Notwithstanding 6.5.4.(5), maximum Floor Area Ratio for a one unit dwelling is
0.597.
(Bylaw 4871 - Jun 24/24)
6.5.4.(17)
On the parcel of land described as Lot 2, Plan EPP70235, Section 69, Victoria Land
District. Civic Address: 1624 Yale Street. PID: 030-111-960:
(a) Notwithstanding 6.5.4.(3) Roof Height may not exceed 9.7 m for a one-unit
dwelling.
(Bylaw 4984 - July 14, 2025)
(b) Notwithstanding 6.5.4.(4), lot coverage may not exceed 34.5% inclusive of any
Principal Buildings, Accessory Buildings and Accessory Dwelling Units.
(c) Notwithstanding 6.5.4.(5), maximum Floor Area Ratio for a one-unit dwelling is
0.551.
(Bylaw 4871 - Jun 24/24)
6.5.4.(18)
On the parcel of land described as Lot 3, Plan EPP70235, Section 69, Victoria Land
District. Civic Address: 1632 Yale Street. PID: 030-111-978:
(a) Notwithstanding 6.5.4.(2) the minimum front lot line setback is 5.5 m.
(b) Notwithstanding 6.5.4.(5), maximum Floor Area Ratio for a one-unit
Oak Bay Zoning Bylaw
[66]
RESIDENTIAL
dwelling is 0.482.
(Bylaw 4871 - Jun 24/24) (Bylaw 4984 - July 14, 2025)
6.5.4.(19)
On the parcel of land described as Lot 40, Section 69, Victoria District Plan 859. Civic
Address: 1606 Wilmot Place. PID: 001-983-121:
(a) Notwithstanding 6.5.3.(1) and 4.11.1.(1), and despite the requirements of the
Parking Facilities Bylaw, No. 3540, 1986, off-street parking is not required
(b) Notwithstanding 6.5.4.(2)(c), the minimum interior side lot line setback for
accessory structures is 0.8m
(c) Notwithstanding 6.5.4.(2)(e), the minimum total of side lot line setbacks is 4.5m.
(d) Notwithstanding 6.5.4.(3)(a), the maximum permitted building height for a
principal building where no more than two (2) dwelling units are situated on a lot
is 7.9m.
(e) Notwithstanding 6.5.4.3.(c), the maximum permitted roof height for a principal
building where no more than two (2) dwelling units are situation on a lot is 9.0m.
(f) Notwithstanding 6.5.4.(13), the maximum permitted impermeable surface
coverage is 61%.
(g) Notwithstanding 6.5.4.(5)(b), the maximum permitted floor area ratio for a
maximum of two (2) dwelling units in a principal building shall not exceed 0.66.
(h) Notwithstanding 4.6.5.(1), unenclosed stairs may intrude 2.0m into the required
front lot line setback.
(Bylaw 4943 - Dec 8/25)
6.5.4.(20)
On the parcel of land described as Lot 17, Section 61, Victoria District Plan 1266.
Civic Address: 2444 Cranmore Road. PID: 007-726-988:
(a) Notwithstanding 6.5.4.(5)(b), the maximum permitted floor area ratio for a
maximum of two (2) dwelling units in a principal building is 0.6.
(Bylaw 4945 - Mar 2/26)
6.5.4.(21)
On the parcel of land described as Amended Lot F (DD112857I), Plan 3926, Section
2, Victoria Land District. Civic Address: 2757 Dufferin Avenue. PID: 006-128-068:
(a) Notwithstanding Schedule "A", the minimum lot frontage and lot width is
15.24m (50 feet).
(b) Notwithstanding Schedule "A", the minimum lot area is 556.00 sq. m (5984.73
s.f.).
(c) Notwithstanding Section 6.5.4.(5), density shall not exceed two (2) dwelling
units per lot.
(Bylaw 4953 - Mar 23/26)
6.5.4.(22)
On the parcel of land described as Lot 8, Section 23, Victoria District Plan 673A.
Civic Address: 1330 Hampshire Road. PID: 008-728-054:
(a) Notwithstanding 6.5.4.(5)(b), the maximum permitted floor area ratio for a
maximum of two (2) dwelling units in a principal building is 0.6.
Oak Bay Zoning Bylaw
[67]
RESIDENTIAL
(Bylaw 4954 - Apr 13/26)
6.5.4.(23)
On the parcel of land described as The Southerly ½ of the Westerly ½ of Lot 2,
Section 23, Victoria District Plan 673A. Civic Address: 1391 Victoria Avenue. PID:
008-727-261:
(b) Notwithstanding 6.5.4.(2)(e), the minimum permitted total of side lot line
setbacks is 3.3m
(c) Notwithstanding 6.5.4.(5)(b), the maximum permitted floor area ratio for a
maximum of two (2) dwelling units in a principal building is 0.5.
(Bylaw 4948 - Feb 9/26)
Oak Bay Zoning Bylaw
[68]
RESIDENTIAL
6.6 RS - 5B (Removed - Bylaw 4871 - Jun 24/24)
Oak Bay Zoning Bylaw
[69]
RESIDENTIAL
6.7 RD - 1 (Removed - Bylaw 4871 - Jun 24/24)
Oak Bay Zoning Bylaw
[70]
CD
PART 7
7.1
This zone shall be known as
CD-1 - COMPREHENSIVE DEVELOPMENT USE -
WATERFRONT HOTEL COMPLEX
(Bylaw 4320 - Jun 11/07)
7.1.1
Principal Uses Permitted
7.1.1.(1)
Hotel use.
7.1.2
Secondary Uses Permitted
7.1.2.(1)
Apartment use.
7.1.2.(2)
Restaurant use.
7.1.2.(3)
Retail use.
7.1.2.(4)
Liquor retail sale use.
7.1.2.(5)
Service business use.
7.1.2.(6)
Marine-oriented recreational use.
7.1.2.(7)
Marina use.
7.1.2.(8)
Neighbourhood public house use.
7.1.2.(9)
Conference hosting use.
7.1.2.(10)
Theatre use.
7.1.3
Accessory Uses Permitted and Required
7.1.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
7.1.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
7.1.4
Regulations Respecting Use
7.1.4.(1)
The number of dwelling units devoted to apartment use on a parcel shall not exceed:
(a)
twenty (20); or
(b)
twenty-one percent (21%) of the number of tourist units on the parcel
(with a calculation yielding a fraction of a unit to be rounded down),
whichever is less,
nor shall the amount of floor area at any time devoted to apartment use on a parcel
exceed 2,700 sq. m (29,063 s.f.).
7.1.4.(2)
The amount of indoor floor area at any time devoted to neighbourhood public house
use on a parcel shall not exceed 200 sq. m (2,153 s.f.).
Oak Bay Zoning Bylaw
[71]
CD
7.1.4.(3)
The amount of floor area at any time devoted to retail use and liquor retail sale use on
a parcel shall not exceed a total of 140 sq. m (1,507 s.f.), of which not more than 45 sq.
m (484 s.f.) shall be devoted to liquor retail sale use.
7.1.4.(4)
The amount of floor area at any time devoted to service business use on a parcel shall
not exceed 500 sq. m (5,382 s.f.), of which not more than 210 sq. m. (2,260 s.f.) shall
be devoted to a service business use other than a spa use.
7.1.4.(5)
The amount of floor area at any time devoted to theatre use on a parcel shall not exceed
281 sq. m (3,025 s.f.).
7.1.4.(6)
On the floor of the principal building which is at a level closest to the elevation of the
portion of Beach Drive adjacent to the parcel, no apartment use is permitted, nor shall
the area devoted to tourist units and their associated access corridors exceed 23% of
the total area of that floor.
7.1.4.(7)
Sections 7.1.1 and 7.1.2 notwithstanding, and without restricting a use of navigable
water which is outside the regulatory jurisdiction of local government, the use of the
portion of foreshore or land covered by water described in Section 7.1.5.(3) shall be
limited to marina use and marine-oriented recreational use.
7.1.4.(8)
A marine-oriented recreational use shall not include booking, registration, outfitting
and commercial transactions associated with the use of water jet-propelled personal
watercraft.
7.1.4.(9)
Lodging by any person, family or party in excess of the limits as to cumulative length
of stay for the applicable period set out in the definition of "Temporary Lodging" shall
be deemed to fall outside the definition of "Hotel Use" and, subject to
Section 7.1.4(10), shall constitute a prohibited use of tourist units within the
CD-1 Zone.
7.1.4.(10)
Section 7.1.4.(9) and the definition of "Temporary Lodging" notwithstanding, transient
accommodation in excess of four (4) weeks outside the November through March
period (but not in excess of sixteen (16) weeks in any twelve (12) consecutive month
period) is permitted for the purpose of accommodating a person or family temporarily
displaced from their permanent residence in the Capital Regional District due to fire,
earthquake, landslip, flooding or other disaster that renders such residence
uninhabitable.
Oak Bay Zoning Bylaw
[72]
CD
7.1.5
Regulations for Buildings and Structures
7.1.5.(1)
The following regulations shall apply to buildings and structures:
Principal
Buildings
Accessory
Buildings
Accessory
Structures
(a)
Number Permitted
1
N/R
N/R
(b)
Setbacks- Minimum
(i)
From lot boundary abutting
Beach Drive
9.0 m
(29.5')
100 m
(328.1')
5.0 m
(16.4')
(ii)
From south lot boundary lying
between Beach Drive and natural
boundary at foreshore
6.0 m
(19.7')
5.0 m
(16.4')
5.0 m
(16.4')
(iii)
From natural boundary at
foreshore
25.0 m
(82.0')
15.0 m
(49.2')
15.0 m
(49.2')
(iv)
From north lot boundary lying
between Beach Drive and natural
boundary at foreshore, excluding
portion abutting Satellite Street
6.0 m
(19.7')
5.0 m
(16.4')
5.0 m
(16.4')
(v)
From lot boundary abutting
Satellite Street
9.0 m
(29.5')
5.0 m
(16.4')
5.0 m
(16.4')
(c)
Roof Height Maximum
25.0 m
(82.0')
5.2 m
(17.1')
N/A
(d)
(Removed - Bylaw 4871 - Jun
24/24)
(e)
Height Maximum
N/A
N/A
2.0 m
(6.6')
(f)
Lot Coverage Maximum
Total all Buildings: 42.0%
(g)
Floor Area Ratio Maximum
Total all Buildings: 1.715 to 1.0
(Bylaw 4530 - Apr 18/11)
7.1.5.(2)
Section 7.1.5.(1) does not apply to the portion of foreshore or land covered by water
described in Section 7.1.5.(3).
Oak Bay Zoning Bylaw
[73]
CD
7.1.5.(3)
Notwithstanding anything else contained in this Section, the portion of foreshore or
land covered by water, being part of the bed of Oak Bay, Victoria District, as more
particularly shown in bold outline on the sketch reproduced below: included within
CD-1 (Comprehensive Development Use - Waterfront Hotel Complex) zone, shall
contain no buildings or structures other than one or more unenclosed docks or
wharves and associated fittings such as pedestrian access ramps, railings, pilings,
floats, lighting and plumbing.
7.1.6
Interpretation
7.1.6.(1)
In this Section, notwithstanding Section 2.1, "parcel" means the whole of the land,
lying upland from the natural boundary, zoned CD-1 - Comprehensive Development
Use - Waterfront Hotel Complex, and for greater certainty does not mean an individual
air space parcel or other volumetric parcel, an individual strata lot created by the
deposit of a strata plan in relation to such land, or part of such land or part of a building
thereon shown as common property on a strata plan.
Oak Bay Zoning Bylaw
[74]
CD
7.2
CD-2 (Removed - Bylaw 4871 - Jun 24/24)
Oak Bay Zoning Bylaw
[75]
CD
7.3
This zone shall be known as
CD-3 - COMPREHENSIVE DEVELOPMENT USE - BOWKER VILLAGE
(Bylaw 4680 - May 8/17)
7.3.1
Principal Uses Permitted
7.3.1.(1)
Apartment Use.
7.3.1.(2)
Retail Use.
7.3.1.(3)
Service Business Use.
7.3.1.(4)
Restaurant Use.
7.3.1.(5)
Notwithstanding the principal uses permitted, as set out in subsections 7.3.1.(1) to
7.3.1.(4), permitted uses shall be as set out in the development plans included in
subsection 7.3.4 of the CD-3 zone.
7.3.2
Accessory Uses Permitted and Required
7.3.2.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
7.3.3
Regulations for Buildings and Structures
7.3.3.(1)
Minimum Lot Area
2604 m2
7.3.3.(2)
Setbacks - Minimum
(a) Setback requirements are as set out in the development plans included
in subsection 7.3.4 of the CD-3 zone.
7.3.3.(3)
Maximum Height
(a) Height requirements are as set out in the development plans included
in subsection 7.3.4 of the CD-3 zone.
7.3.3.(4)
Maximum Lot Coverage
(a) Principal Building
88.7%
7.3.3.(5)
Maximum Floor Area Ratio
2.80
7.3.3.(6)
Landscaping and Screening
(a) All mechanical, electrical or other service equipment located outside
or on the roof of a building shall be screened from adjacent properties
and streets by ornamental structures, landscaping, or other means.
(b) Landscaping shall be as generally set out in the development plans
included in subsection 7.3.4 of the CD-3 zone.
Oak Bay Zoning Bylaw
[76]
CD
7.3.4
Development Plans
7.3.4.(1)
The use of land within the CD-3 zone shall be developed in general accordance with
the plans as shown as follows:
Oak Bay Zoning Bylaw
[77]
CD
HEIGHTS
Average Grade
16.68 m
Roof Height
33.14 m Geo (16460 m)
Building Height
33.14 m Geo (16460 m)
Occupiable Height 28.74 m Geo (12060 m)
Oak Bay Zoning Bylaw
[78]
CD
Oak Bay Zoning Bylaw
[79]
CD
Oak Bay Zoning Bylaw
[80]
CD
7.4
This zone shall be known as:
CD-4 - COMPREHENSIVE DEVELOPMENT ZONE - 2326 OAK BAY AVENUE
(Bylaw 4847 - Feb 26/24)
7.4.1
Principal Uses Permitted
7.4.1.(1)
Apartment Use
7.4.2
Secondary Uses Permitted
7.4.2.(1) Residential business use conforming to 4.2.8.
7.4.2 Accessory Uses Permitted and Required
7.4.3.(1) An accessory off-street parking use. Off-street parking facilities are to be provided
with the number of stalls and dimensional criteria shown as per the development
plans in section 7.4.4. In the event of a conflict between this Bylaw and the Parking
Facilities Bylaw No. 3540, 1986, regarding the minimum number of parking stalls
required or dimensional criteria, the provisions of this Bylaw prevail.
7.4.3 Regulations for Buildings and Structures
7.4.4.(1)
Minimum Lot Area
959.5 m2
7.4.4.(2)
Minimum Lot Frontage
26.7 m
7.4.4.(3)
Setbacks - Minimum
(a)
(b)
(c)
Front yard
Interior Side yard
Rear yard
4.97 m
3.07 m
4.32 m
7.4.4.(4)
Maximum Height
(a)
(b)
(c)
Maximum Building Height
(Removed - Bylaw 4871 - Jun 24/24)
Maximum Roof Height
13.2 m
14.32 m
7.4.4.(5)
Number of Storeys Maximum
4
7.4.4.(6)
Maximum Lot Coverage
(a)
Principal Building
61%
7.4.4.(7)
Maximum Floor Area Ratio
2.74:1
7.4.4.(8)
Landscaping and Screening
Oak Bay Zoning Bylaw
[81]
CD
7.4.5
7.4.5.(1)
(a)
(b)
All mechanical, electrical, or other service equipment located outside
or on the roof of a building shall be screened from adjacent properties
and streets by ornamental structures, landscaping, or other means.
Landscaping shall be as generally set out in the development plans
included in subsection 7.4.5 of the CD-4 zone.
Development Plans
The use of land within the CD-4 zone shall be developed in general
accordance with the plans as shown as follows:
Oak Bay Zoning Bylaw
[82]
CD
Oak Bay Zoning Bylaw
[83]
CD
Oak Bay Zoning Bylaw
[84]
CD
Oak Bay Zoning Bylaw
[85]
CD
Oak Bay Zoning Bylaw
[86]
CD
CD-5 - COMPREHENSIVE DEVELOPMENT ZONE - 291 KING GEORGE TERRACE
7.5
This zone shall be known as:
CD-5 - COMPREHENSIVE DEVELOPMENT ZONE - 291 KING
GEORGE TERRACE
7.5.1
General
7.5.1(1)
Use and development of land contained in the CD-5 Zone shall be in
accordance with the regulations applicable to the R-4 Zone, except as
otherwise specified elsewhere in this zone. For certainty, in case of any
discrepancy between the two zones, the provisions of the CD-5 Zone
shall prevail.
7.5.2
Regulations for Buildings and Structures
7.5.2(1)
Minimum Lot Area
(a) Lot A: 822.3 m2
(b) Lot B: 809.2 m2
(c) Lot C: 1164.5 m2
7.5.2(2)
Minimum Lot Frontage
(a) Lot B: 11.9 m
(b) Lot C: 0 m
7.5.2(3)
Minimum Lot Width
(a) Lot A: 15.4 m
(b) Lot B: 15.3 m
(c) Lot C: 6.24 m
7.5.2(4)
Minimum Setbacks
(a) Interior side lot line: 1.5m for all storeys
(b) Total of side lot lines
(i) Lot A: 4.5 m
(ii) Lot B: 4.5 m
(iii) Lot C: 3.8 m
7.5.2(5)
Maximum Building Height
(a) Lot C: 8.3 m
7.5.2(6)
Maximum Roof Height
(a) Lot C: 8.8 m
7.5.2(7)
Maximum Floor Area Ratio
(a) Lot A: 0.58
(b) Lot C: 0.41
7.5.3
Lot Layout
7.5.3(1)
For the purpose of interpreting this zone, the area of the CD-5 Zone is
divided into future Lots A, B, and C as generally shown on the following
plan:
Oak Bay Zoning Bylaw
[87]
CD
Oak Bay Zoning Bylaw
[88]
CD
CD-6 - COMPREHENSIVE DEVELOPMENT ZONE - 2101 SUTHERLAND ROAD
7.6
This zone shall be known as:
CD-6 - COMPREHENSIVE DEVELOPMENT ZONE - 2101
SUTHERLAND ROAD
7.6.1
General
7.6.1(1)
Use and development of land contained in the CD-6 Zone shall be in
accordance with the regulations applicable to the R-5 Zone, except as
otherwise specified elsewhere in this zone. For certainty, in case of any
discrepancy between the two zones, the provisions of the CD-6 Zone
shall prevail.
7.6.2
Regulations for Buildings and Structures
7.6.2(1)
Minimum Lot Area
(a) Lot 1: 328 m2
(b) Lot 2: 336 m2
7.6.2(2)
Minimum Lot Frontage
(a) Lot 1: 15.24 m
(b) Lot 2: 15.24 m
7.6.2(3)
Minimum Lot Width
(a) Lot 1: 15.24 m
(b) Lot 2: 15.24 m
7.6.2(4)
Maximum Rear Yard Paved Surface
(a) Lot 1: 34%
7.6.2(5)
Minimum Setbacks
(a) Front lot line:
(i) Lot 1: 3.55 m
(ii) Lot 2: 3.8 m
(b) Rear lot line:
(i) Lot 1: 1.5 m
(ii) Lot 2: 4.7 m
(c) Exterior side lot line:
(i) Lot 1: 2.4 m
(d) Interior side lot line:
(i) Lot 1: 1.5m for all storeys
(ii) Lot 2: 1.8m from the north side lot line for all storeys, 1.5m from the
south lot line for all storeys
(e) Total of side lot lines
(i) Lot 1: 3.9 m
(ii) Lot 2: 3.3 m
7.6.2(6)
Maximum Building Height
(a) Lot 1: 6.1 m
(b) Lot 2: 6.2 m
Oak Bay Zoning Bylaw
[89]
CD
7.6.2(7)
Maximum Roof Height
(a) Lot 1: 9.2 m
(b) Lot 2: 9.1 m
7.6.2(8)
Maximum Floor Area Ratio for two units in a principal building:
(a) Lot 1: 0.68
(b) Lot 2: 0.72
7.6.2(9)
Maximum Lot Coverage
(a) Lot 1: 48.3%
(b) Lot 2: 44.8%
7.6.3
Lot Layout
7.6.3(1)
For the purpose of interpreting this zone, the area of the CD-6 Zone is
divided into future Lots 1 and 2 as generally shown on the following
plan:
Oak Bay Zoning Bylaw
[90]
CD
Oak Bay Zoning Bylaw
[91]
CD
CD-7 - COMPREHENSIVE DEVELOPMENT ZONE - 57 BEACH DRIVE
(Bylaw 4905 May 5, 2025)
7.7
This zone shall be known as:
CD-7 - COMPREHENSIVE DEVELOPMENT ZONE - 57 BEACH
DRIVE
7.7.1
General
7.7.1(1)
Use and development of land contained in the CD-7 zone shall be in
accordance with the regulations applicable to the R-4 zone, except as
otherwise specified elsewhere in this zone. For certainty, in case of any
discrepancy between the two zones, the provisions of the CD-7 zone shall
prevail.
7.7.2
Regulations for Buildings and Structures
7.7.2(1)
Minimum Lot Area
(a) Lot 2: 460 m2
7.7.2(2)
Minimum Lot Frontage
(a) Lot 1: 7.34 m
7.7.2(3)
Minimum Lot Width
(a) Lot 1: 7.34 m
7.7.2(4)
Minimum Setbacks
(a) Front Lot Line:
(i) Lot 2: 3.0 m
(b) Rear Lot Line:
(i) Lot 2: 2.0 m
7.7.2(5)
Maximum Lot Coverage
(a) Lot 2: 37.3%
7.7.2(6)
Maximum Front Yard Paved Surface
(a) Lot 1: 35.4%
7.7.2(7)
Maximum Floor Area Ratio for two units in a principal building:
(a) Lot 2: 0.72
7.7.3
Lot Layout
7.7.3(1)
For the purpose of interpreting this zone, the area of the CD-7 zone is divided
into future Lots 1 and 2 as generally shown on the following plan:
Oak Bay Zoning Bylaw
[92]
CD
[Grab your reader's
attention with a great
Lot 1
Lot 2
Oak Bay Zoning Bylaw
[93]
CD
CD-10 - COMPREHENSIVE DEVELOPMENT ZONE - 1024 TRANSIT ROAD
(Bylaw 4951, April 27, 2026)
7.10
This zone shall be known as:
CD-10 - COMPREHENSIVE DEVELOPMENT ZONE - 1024
TRANSIT ROAD
7.10.1
Principal Uses Permitted
7.10.1(1)
(a) One-unit dwelling
7.10.2
Secondary Uses Permitted
7.10.2(1)
(a) A Boarding use conforming to Section 4.2.1
(b) Secondary Suite use conforming to Section 4.2.13
(c) Small-scale urban agriculture conforming to Section 6.5.2(2)
(d) Home-based child care
(e) A Residential Business use conforming to Section 4.2.8
7.10.3
Accessory Uses Permitted and Required
7.10.3(1)
(a) An accessory off-street parking use, as required by the Parking
Facilities Bylaw for the R-5 zone
(b) Accessory buildings
(c) Accessory structures
7.10.4
Regulations for Buildings and Structures
7.10.4(1)
Minimum Lot Area
375 m2
7.10.4(2)
Minimum Lot Frontage
11.0 m
7.10.4(3)
Minimum Lot Width
11.0 m
7.10.4(4)
Minimum Setbacks
(a) Front Lot Line: 6.0m
(b) Rear Lot Line: 7.6m
(c) Interior Side Lot Line: 1.5m for all storeys
(d) Total of Side Lot Lines: 3.0m
7.10.4(5)
Maximum Height and Storeys
(a) a Principal Building may not exceed three (3) storeys including
basements
(b) Maximum Building Height: 6.1m
(c) Maximum Roof Height: 9.1m
7.10.4(6)
Maximum Lot Coverage: 42%
7.10.4(7)
Maximum Paved Surface Coverage
(a) Front yard: 40%
(b) Rear yard: 25%
Oak Bay Zoning Bylaw
[94]
CD
7.10.4(8)
Minimum Live Landscaping Coverage is 25%, which, for the purposes
of tree planting includes a minimum of one consolidated rectangular
area of no less than 35m2 (376.7 ft2):
(a) Where no one side is less than 4.5m (14.8 ft), and
(b) Where there are no above ground or below ground structures.
7.10.4(9)
Maximum Impermeable Surface Coverage
55%
7.10.4(10)
Density
(a) Density shall not exceed two (2) dwelling units per lot
(b) The maximum Floor Area Ratio shall not exceed 0.7
7.10.4(11)
A principal use and a secondary use, except for urban agriculture, are
only permitted within a principal building.
Oak Bay Zoning Bylaw
[95]
DWELLING
PART 8
8.1
This Zone shall be known as
RM-1LD - LOW DENSITY MULTIPLE DWELLINGS USE
8.1.1
Principal Uses Permitted
8.1.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.1.1.(2)
Apartment use, providing:
(a)
the lot area is not less than 1950 sq. m (20,990 s.f.).
8.1.2
Secondary Uses Permitted
8.1.2.(1)
(Repealed - Bylaw 3974 - Mar 23/98)
8.1.2.(2)
Residential business use conforming to 4.2.8.
8.1.3
Accessory Uses Permitted and Required
8.1.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
8.1.4
Regulations for Buildings and Structures
8.1.4.(1) (Removed - Bylaw 4871 - Jun 24/24)
8.1.4.(2)
For apartment use, the following shall apply:
Principal Building
(a)
Number Permitted
one
(b)
Setbacks - Minimum
(i)
Front lot line
9.14 m (30')
(ii)
Rear lot line
7.62 m (25')
(iii)
Interior side lot line
3.65 m (12')
(iv)
Exterior side lot line
3.65 m (12')
(v)
Exterior lot line
4.60 m (15')
(c)
Building Height Maximum
7.32 m (24')
(d)
(Removed - Bylaw 4871 - Jun 24/24)
(e)
Storeys
N/R
(f)
Lot Coverage Maximum
(Bylaw 3864 - Aug 14/95)
40.00%
Oak Bay Zoning Bylaw
[96]
DWELLING
(g)
Floor Area Ratio Maximum
(Bylaw 3864 - Aug 14/95)
0.72
(h)
Unit Ratio
289.00 sq. m (3,110 s.f.)
Oak Bay Zoning Bylaw
[97]
DWELLING
8.2
This Zone shall be known as
RM-1MD - MEDIUM DENSITY MULTIPLE DWELLINGS
8.2.1
Principal Uses Permitted
8.2.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.2.1.(2)
Apartment use, providing:
(a)
the lot area is not less than 1950 sq. m (20,990 s.f.).
8.2.2
Secondary Uses Permitted
8.2.2.(1)
(Repealed - Bylaw 3974 - Mar 23/98)
8.2.2.(2)
Residential business use conforming to 4.2.8.
8.2.3
Accessory Uses Permitted and Required
8.2.3.(1)
An accessory off-street parking use conforming to the Parking Facilities Bylaw.
8.2.4
Regulations for Buildings and Structures
8.2.4.(1)
(Removed - Bylaw 4871 - Jun 24/24)
8.2.4.(2)
For apartment use, the following shall apply:
Principal Building
(a)
Number Permitted
one
(b)
Setbacks - Minimum
(i)
Front lot line
7.62 m (25')
(ii)
Rear lot line
7.62 m (25')
(iii)
Interior side lot line
3.00 m (10')
(iv)
Exterior side lot line
3.70 m (12')
(v)
Exterior lot line
4.60 m (15')
(c)
Building Height Maximum
7.32 m (24')
(d)
(Removed - Bylaw 4871 - Jun 24/24)
(e)
Storeys
N/R
(f)
Lot Coverage Maximum
(Bylaw 3864 - Aug 14/95)
40.00%
(g)
Floor Area Ratio Maximum
Oak Bay Zoning Bylaw
[98]
DWELLING
(Bylaw 3864 - Aug 14/95)
0.72
(h)
Unit Ratio
202 sq. m (2174 s.f.)
Oak Bay Zoning Bylaw
[99]
DWELLING
8.2A
This Zone shall be known as
RM-1HD - HIGH DENSITY MULTIPLE DWELLINGS
(Bylaw 4201 - Feb 23/04)
8.2A.1
Principal Uses Permitted
8.2A.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.2A.1.(2)
Apartment use, providing:
(a)
the lot area is not less than 1,390 sq. m (14,962 s.f.).
8.2A.2
Secondary Uses Permitted
8.2A.2.(1)
Residential business use conforming to 4.2.8.
8.2A.3
Accessory Uses Permitted and Required
8.2A.3.(1)
An accessory off-street parking use conforming to the Parking Facilities Bylaw.
8.2A.4
Regulations for Buildings and Structures
8.2A.4.(1)
(Removed - Bylaw 4871 - Jun 24/24)
8.2A.4.(2)
For apartment use, the following shall apply:
Principal Building
(a)
Number Permitted
one
(b)
Setbacks - Minimum
(i)
Front lot line
7.62 m (25')
(ii)
Rear lot line
7.62 m (25')
(iii)
Interior side lot line
3.00 m (10')
(iv)
Exterior side lot line
3.70 m (12')
(v)
Exterior lot line
4.60 m (15')
(c)
Building Height Maximum
7.32 m (24')
(d)
(Removed - Bylaw 4871 - Jun 24/24)
(e)
Storeys
N/R
(f)
Lot Coverage Maximum
70.0%
(g)
Floor Area Ratio Maximum
1.00
Oak Bay Zoning Bylaw
[100]
DWELLING
(h)
Unit Ratio Minimum
155 sq. m (1668 s.f.)
Oak Bay Zoning Bylaw
[101]
MULTIPLE DWELLING
8.3
This Zone shall be known as
RM-2 - TWO STOREY MULTIPLE DWELLINGS USE
8.3.1
Principal Uses Permitted
8.3.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.3.1.(2)
Apartment use, providing:
(a)
the lot area is not less than 1600 sq. m (17,223 s.f.).
8.3.2
Secondary Uses Permitted
8.3.2.(1)
A Residential Business Use conforming to 4.2.8. (Bylaw 4109 - Feb 26/01)
8.3.3
Accessory Uses Permitted and Required
8.3.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
8.3.4
Regulations for Buildings and Structures
8.3.4.(1)
(Removed - Bylaw 4871 - Jun 24/24)
8.3.4.(2)
For apartment use, the following shall apply:
Principal Building
(a)
Number Permitted
not limited
(b)
Setbacks - Minimum
(i)
Front lot line
7.62 m (25')
(ii)
Rear lot line
7.62 m (25')
(iii)
Interior side lot line
6.00 m (20')
(iv)
Exterior side lot line
7.62 m (25')
(c)
Building Height Maximum
7.32 m (24')
(d)
(Removed - Bylaw 4871 - Jun 24/24)
(e)
Number of Storeys Maximum
(Bylaw 3864 - Aug 14/95)
2
(f)
Lot Coverage Maximum
(Bylaw 3864 - Aug 14/95)
35.00%
(g)
Floor Area Ratio Maximum
(Bylaw 3864 - Aug 14/95)
0.75
(h)
Unit Ratio
224 sq. m (2411 s.f.)
8.3.5.(1)
The minimum permitted residential floor area required for each kind of dwelling unit
is as follows:
(a)
One-bedroom unit
56 sq. m (603 s.f.)
(b)
Two-bedroom unit
70 sq. m (754 s.f.)
(c)
Three-bedroom unit
84 sq. m (904 s.f.)
Oak Bay Zoning Bylaw
[102]
MULTIPLE DWELLING
8.4
This Zone shall be known as
RM-3 - THREE STOREY MULTIPLE DWELLINGS USE
8.4.1
Principal Uses Permitted
8.4.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.4.1.(2)
Apartment use, providing:
(a)
the lot area is not less than 2000 sq. m (21,528 s.f.).
8.4.2
Secondary Uses Permitted
8.4.2.(1)
A Residential Business Use conforming to 4.2.8. (Bylaw 4109 - Feb 26/01)
8.4.3.
Accessory Uses Permitted and Required
8.4.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
8.4.4
Regulations for Buildings and Structures
8.4.4.(1)
(Removed - Bylaw 4871 - Jun 24/24)
8.4.4.(2)
For apartment use, the following shall apply:
Principal Building
(a)
Number Permitted
not limited
(b)
Setbacks - Minimum
(i)
Front lot line
9.14 m (30')
(ii)
Rear lot line
9.14 m (30')
(iii)
Interior side lot line
6.00 m (20')
(iv)
Exterior side lot line
9.14 m (30')
(c)
Building Height Maximum
10.70 m (35')
(d)
(Removed - Bylaw 4871 - Jun 24/24)
(e)
Number of Storeys Maximum
(Bylaw 3864 - Aug 14/95)
3
(f)
Lot Coverage Maximum
(Bylaw 3864 - Aug 14/95)
35.00%
(g)
Floor Area Ratio Maximum
(Bylaw 3864 - Aug 14/95)
1.00
8.4.5.(1)
The minimum permitted residential floor area required for each kind of dwelling unit
is as follows:
(a)
One-bedroom unit
56 sq. m (603 s.f.)
(b)
Two-bedroom unit
70 sq. m (754 s.f.)
(c)
Three-bedroom unit
84 sq. m (904 s.f.)
Oak Bay Zoning Bylaw
[103]
MULTIPLE DWELLING
8.4A
This Zone shall be known as
RM-3HD - HIGH DENSITY THREE STOREY MULTIPLE DWELLINGS
(Bylaw 4606 - May 12/14)
8.4A.1
Principal Uses Permitted
8.4A.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.4A.1.(2)
Apartment use, providing:
(a) the lot area is not less than 1,116 sq. m (12,012 s.f.)
8.4A.2
Secondary Uses Permitted
8.4A.2.(1)
A Residential business use conforming to 4.2.8.
8.4A.3
Accessory Uses Permitted and Required
8.4A.3.(1)
An accessory off-street parking use conforming to the "Parking Facilities Bylaw,
1986".
8.4A.4
Regulations for Buildings and Structures
8.4A.4.(1)
(Removed - Bylaw 4871 - Jun 24/24)
8.4A.4.(2)
For apartment use, the following shall apply:
Principal Building
(a)
Number Permitted
one
(b)
Setbacks-Minimum
(i)
Front lot line
(ii)
Rear lot line
(iii)
Interior side lot line
(iv)
Exterior side lot line
(c)
Building Height Maximum
(d) (Removed - Bylaw 4871 - Jun 24/24)
(e) Number of Storeys Maximum
(f) Lot Coverage Maximum
(g) Floor Area Ratio Maximum
(h) Unit Ratio Minimum
9.14 m (30')
9.14 m (30')
6.00 m (20')
9.14 m (30')
10.70 m (35')
3
55.00%
1.44
65 m2 (700 s.f.)
8.4A.5.(1)
The minimum permitted residential floor area required for each kind of dwelling
unit is as follows:
(a)
One-bedroom unit
56 sq. m (603 s.f.)
(b)
Two-bedroom unit
70 sq. m (754 s.f.)
(c)
Three-bedroom unit
84 sq. m (904 s.f.)
Oak Bay Zoning Bylaw
[104]
MULTIPLE DWELLING
8.5
This Zone shall be known as
RM-4 - FOUR STOREY MULTIPLE DWELLINGS USE
8.5.1
Principal Uses Permitted
8.5.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.5.1.(2)
Apartment use, providing:
(a)
the lot area is not less than 3000 sq. m (32,293 s.f.)
8.5.2
Secondary Uses Permitted
8.5.2.(1)
A Residential Business Use conforming to 4.2.8. (Bylaw 4109 - Feb 26/01)
8.5.3
Accessory Uses Permitted and Required
8.5.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
8.5.4
Regulations for Buildings and Structures
8.5.4.(1)
(Removed - Bylaw 4871 - Jun 24/24)
8.5.4.(2)
For apartment use, the following shall apply:
Principal Building
(a)
Number Permitted
not limited
(b)
Setbacks - Minimum
(i)
Front lot line
10.70 m (35')
(ii)
Rear lot line
10.70 m (35')
(iii)
Interior side lot line
6.00 m (20')
(iv)
Exterior side lot line
10.70 m (35')
(c)
Building Height Maximum
13.70 m (45')
(d)
(Removed - Bylaw 4871 - Jun 24/24)
(e)
Number of Storeys Maximum
(Bylaw 3864 - Aug 14/95)
4
(f)
Lot Coverage Maximum
(Bylaw 3864 - Aug 14/95)
30.00%
(g)
Floor Area Ratio Maximum
(Bylaw 3864 - Aug 14/95)
1.00
8.5.5.(1)
The minimum permitted residential floor area required for each kind of dwelling unit
is as follows:
(a)
One-bedroom unit
56 sq. m (603 s.f.)
(b)
Two-bedroom unit
70 sq. m (754 s.f.)
(c)
Three-bedroom unit
84 sq. m (904 s.f.)
Oak Bay Zoning Bylaw
[105]
MULTIPLE DWELLING
8.6
This Zone shall be known as
RM-8 - EIGHT STOREY MULTIPLE DWELLINGS USE
8.6.1
Principal Uses Permitted
8.6.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.6.1.(2)
Apartment use, providing:
(a)
the lot area is not less than 12000 sq. m (129,171 s.f.).
8.6.2
Secondary Uses Permitted
8.6.2.(1)
A Residential Business Use conforming to 4.2.8. (Bylaw 4109 - Feb 26/01)
8.6.3
Accessory Uses Permitted and Required
8.6.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
8.6.4
Regulations for Buildings and Structures
8.6.4.(1)
(Removed - Bylaw 4871 - Jun 24/24)
8.6.4.(2)
For apartment use, the following shall apply:
Principal Building
(a)
Number Permitted
not limited
(b)
Setbacks - Minimum
(i)
Front lot line
10.70 m (35')
(ii)
Rear lot line
10.70 m (35')
(iii)
Interior side lot line
10.70 m (35')
(iv)
Exterior side lot line
10.70 m (35')
(c)
Building Height Maximum
25.60 m (85')
(d)
(Removed - Bylaw 4871 - Jun 24/24)
(e)
Number of Storeys Maximum
(Bylaw 3864 - Aug 14/95)
8
(f)
Lot Coverage Maximum
(Bylaw 3864 - Aug 14/95)
30.00%
(g)
Floor Area Ratio Maximum
(Bylaw 3864 - Aug 14/95)
1.50
8.6.5.(1)
The minimum permitted residential floor area required for each kind of dwelling unit
is as follows:
(a)
One-bedroom unit
56 sq. m (603 s.f.)
(b)
Two-bedroom unit
70 sq. m (754 s.f.)
(c)
Three-bedroom unit
84 sq. m (904 s.f.)
Oak Bay Zoning Bylaw
[106]
MULTIPLE DWELLING
8.7
This Zone shall be known as
RM-MC1 - MULTIPLE DWELLING /COMMERCIAL MIXED USE
(Bylaw 4022 - Jul 19/99)
8.7.1
Principal Uses Permitted
8.7.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.7.1.(2)
Apartment use, providing:
(a)
the lot area is not less than 1116 sq. m (12,013 s.f.), and
(b)
the lot area is not greater than 1599 sq.m (17,212 s.f.)
8.7.2
Secondary Uses Permitted
8.7.2.(1)
A Service business use, subject to the limitations contained in Section 8.7.3.
8.7.2.(2)
A Residential business use conforming to 4.2.8.
8.7.3
Regulations for Permitted Uses
8.7.3.(1)
A Service business use, in this zone, must conform to the regulations of this Section.
8.7.3.(2)
A Service business use shall only be permitted:
(a)
where the principal use is an Apartment use;
(b)
in that portion of an apartment dwelling unit abutting and with its business
entrance facing an Arterial Road as designated in the Official Community Plan;
(c)
on the storey closest to street level; and
(d)
to a maximum of 20% of floor space of an apartment unit, and in any event
not more than 16.5 sq. m of floor space within such dwelling unit.
8.7.3.(3)
The floor space available for a Service business use in a building in this zone for all
apartment dwelling units may not be combined to create a single Service business use
whose floor space will exceed 20% of the floor area of an individual apartment
dwelling unit within that building.
8.7.3.(4)
A Service business use shall not be carried on in conjunction with a Residential
business use within an individual apartment unit.
8.7.3.(5)
No person other than a family member occupying the dwelling unit and one other
non-resident employee may be employed or engaged in a Service business at the
premises at any given time.
8.7.3.(6)
A Service business in this zone shall not create noise, vibrations, smoke, vapours, or
electrical interference.
8.7.3.(7)
The operating of commercial workshops or manufacturing facilities in this zone is
prohibited
8.7.4
Accessory Uses Permitted and Required
8.7.4.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw
Oak Bay Zoning Bylaw
[107]
MULTIPLE DWELLING
8.7.5
Regulations for Buildings and Structures
8.7.5.(1)
(Removed - Bylaw 4871 - Jun 24/24)
8.7.5.(2)
For apartment use, the following shall apply:
Principal Building
(a)
Number Permitted
not limited
(b)
Setbacks - Minimum
(i)
Front lot line
3.0 m (9.84')
(ii)
Rear lot line
3.0 m (9.84')
(iii)
Interior side lot line
3.0 m (9.84')
(iv)
Exterior side lot line
3.0 m (9.84')
(c)
Roof Height Maximum
9.14 m (30')
(d)
(e )
(Removed - Bylaw 4871 - Jun 24/24)
Number of Storeys Maximum
2
(f)
Lot Coverage Maximum
51%
(g)
Floor Area Ratio Maximum
1.1 to 1
(h)
Unit Ratio
156.00 sq.m (1681 s.f.)
8.7.6.(1)
The minimum permitted floor area required for each kind of dwelling unit is as follows:
(a)
One-bedroom unit
56 sq.m (603 s.f.)
(b)
Two-bedroom unit
70 sq.m (754 s.f.)
(c)
Three-bedroom unit
84 sq.m (904 s.f.)
Oak Bay Zoning Bylaw
[108]
MULTIPLE DWELLING
8.8
This Zone shall be known as
RM-MC4 - MULTIPLE DWELLINGS / COMMERCIAL MIXED USE
FOUR STOREY
(Bylaw 4168 - May 12/03)
8.8.1
Principal Uses Permitted
8.8.1.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
8.8.1.(2)
Special needs multiple residential use, provided:
(a)
the lot area is not less than 3902 sq. m (42,000 s.f );
(b)
assisted living services are available on-site through the facility operator; and
(c)
there is provided and actively maintained and operated within the principal
building:
(i)
in addition to the facilities provided within each dwelling unit, communal
kitchen and dining facilities of a combined area not less than 2.4 sq. m
(25.9 s.f.) multiplied by the number of dwelling units in the building, for
the preparation and serving of meals to residents; and
(ii)
a common lounge area of not less than .44 sq. m (4.7 s.f.) multiplied by
the number of dwelling units in the building.
8.8.2
Secondary Uses Permitted
8.8.2.(1)
Service Business Use, provided that the principal use is a special needs multiple
residential use.
8.8.2.(2)
Restaurant use, provided that the principal use is a special needs multiple residential
use.
8.8.3
Regulations for Permitted Uses
8.8.3.(1)
A service business or restaurant use in this Zone must conform to the regulations of
this Section.
8.8.3.(2)
A service business or restaurant use shall only be permitted:
(a)
in that portion of a building abutting and with its business entrance facing a
street other than one designated as a "Local" road in Schedule "A" to Bylaw
3943, "Oak Bay Official Community Plan Bylaw, 1997", or its successors; and
(b)
on the storey of a building whose grade is closest to street level.
8.8.3.(3)
A service business or restaurant use in this zone shall not create noise, vibrations,
smoke, vapours, or electrical interference.
Oak Bay Zoning Bylaw
[109]
MULTIPLE DWELLING
8.8.4
Accessory Uses Permitted and Required
8.8.4.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
8.8.5 Regulations for Buildings and Structures
8.8.5.(1)
(Removed - Bylaw 4871 - Jun 24/24)
8.8.5.(2)
For special needs multiple residential use and service business use, the following shall
apply:
Principal Building
(a)
Number Permitted
not limited
(b)
Setbacks - Minimum
(i)
Front lot line
3.00 m (9.84')
(ii)
Rear lot line
10.70 m (35')
(iii)
Interior side lot line
6.00 m (20')
(iv)
Exterior side lot line
10.70 m (35'')
(c)
(d)
(e)
(f)
(g)
Building Height Maximum
(Removed - Bylaw 4871 - Jun 24/24)
Number of Storeys Maximum
Lot Coverage Maximum
Floor Area Ratio Maximum
13.70 m (45')
4
55.00%
1.90
8.8.6.(1)
The minimum permitted residential floor area required for each kind of dwelling unit is
as follows:
(a)
Bachelor units
37.5 sq.m (404 s.f.)
(b)
One-bedroom unit
45.0 sq. m (484 s.f.)
(c)
Two-bedroom unit
63.0 sq. m (678 s.f.)
(d)
Three-bedroom unit
70.0 sq. m (753 s.f.)
Oak Bay Zoning Bylaw
[110]
MULTIPLE DWELLING
8.9
This Zone shall be known as
RMS-7 - MULTIPLE DWELLING SUPPORTIVE HOUSING USE -
SEVEN STOREY
(Bylaw 4256 - Apr 25/05)
8.9.1
Principal Uses Permitted
8.9.1.(1)
Special needs multiple residential use, provided:
(a)
the lot area is not less than 7,000 sq. m (75,348 s.f.);
(b)
assisted living services are available on-site through the facility operator; and
(c)
there are provided and actively maintained and operated within one or more
principal buildings:
(i)
in addition to the facilities provided within each dwelling unit, communal
kitchen facilities of total area not less than 0.6 sq. m (6.5 s.f.) multiplied
by the total number of dwelling units on the lot, for the preparation of
meals for residents; and
(ii)
communal dining and lounge facilities of total area not less than 2.5 sq. m
(26.9 s.f.) multiplied by the total number of dwelling units on the lot, for
socialization and the serving of meals to residents.
8.9.2
Secondary Uses Permitted
8.9.2.(1)
No secondary uses are permitted.
8.9.3
Regulations for Permitted Uses
8.9.3.(1)
Notwithstanding the definition of "supportive housing" set out in Section 2.1,
in respect of all residential buildings on the parcel of land described as Lot A,
Section 69, Victoria District, Plan 30047 Except Parcel A (DD F70170), other than a
four (4) storey building situate thereon fronting onto Goldsmith Street for which this
exception shall not apply, the "communal dining" criterion within the supportive
housing component of special needs multiple residential use shall be deemed to be
satisfied if, for every dwelling unit, the provision of at least one (1) meal per day in a
communal dining room on site is a service available for purchase at the option of the
occupant.
8.9.4
Accessory Uses Permitted and Required
8.9.4.(1)
An accessory off-street parking use conforming to the Parking Facilities Bylaw.
Oak Bay Zoning Bylaw
[111]
MULTIPLE DWELLING
8.9.5
Regulations for Buildings and Structures
8.9.5.(1)
The following regulations shall apply to buildings and structures:
Principal
Buildings
Accessory
Structures
(a)
Number Permitted
N/R
N/R
(b)
Setbacks - Minimum
(i)
Abutting
Arterial
Road
or
Commercial or Institutional Zone
(A) Front lot line
6.1 m (20')
3.0 m (9.8')
(B)
Rear lot line
6.1 m (20')
3.0 m (9.8')
(C)
Interior side lot line
6.1 m (20')
3.0 m (9.8')
(D) Exterior side lot line
6.1 m (20')
3.0 m (9.8')
(ii)
Other than as Described in (i)
(A) Front lot line
10.7 m (35.1') 3.0 m (9.8')
(B)
Rear lot line
10.7 m (35.1') 3.0 m (9.8')
(C)
Interior side lot line
10.7 m (35.1') 3.0 m (9.8')
(D) Exterior side lot line
10.7 m (35.1') 3.0 m (9.8')
(c)
Building Height Maximum
22 m (72.2')
N/A
(d)
(Removed - Bylaw 4871 - Jun 24/24)
(e)
Height
N/A
3.0 m (9.8')
(f)
Number of Storeys Maximum
7
N/A
(g)
Lot Coverage Maximum
(Bylaw 4365 - Jun 11/07)
45%
1%
(h)
Floor Area Ratio Maximum
(Bylaw 4365 - Jun 11/07)
1.95:1
N/A
(i)
Unit Ratio Minimum
40.0 sq. m
(431 s.f.)
N/A
8.9.6.(1)
The minimum permitted residential floor area for each kind of dwelling unit is as
follows:
(a)
Bachelor unit
37.5 sq. m (404 s.f.)
(b)
One-bedroom unit
45.0 sq. m (484 s.f.)
(c)
Two-bedroom unit
63.0 sq. m (678 s.f.)
8.9.7.(1)
A clear space of not less than 7.4 m (24.3') shall be provided between buildings.
Oak Bay Zoning Bylaw
[112]
COMMERCIAL
PART 9
9.1
This Zone shall be known as
C-1 - LOCAL COMMERCIAL USE
9.1.1
Principal Uses Permitted
9.1.1.(1)
(Removed - Bylaw 4871 - Jun 24/24)
9.1.1.(2)
Retail sale and storage of groceries, meat, fish, bakery goods and sundry household
and garden items. (Bylaw 3987 - May 11/98)
9.1.1.(3)
Barbers, hairdressers and beauty shops.
9.1.1.(4)
Service business use.
9.1.2
Secondary Uses Permitted
9.1.2.(1)
In conjunction with the uses permitted by 9.1.1.(2) or 9.1.1.(3), a maximum of four
(4) apartment dwellings units. (Bylaw 4871 - Jun 24/24)
9.1.3
Accessory Uses Permitted and Required
9.1.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
9.1.3.(2)
Accessory buildings.
9.1.3.(3)
Accessory structures.
9.1.4
Regulations for Permitted Uses
9.1.4.(1)
The maximum permitted gross floor area used for the permitted uses of 9.1.1.(2) and
9.1.1.(3) shall not exceed 62 sq. m (667 s.f.).
9.1.4.(2)
A principal use and a secondary use is only permitted within a principal building.
9.1.4.(3)
The minimum lot area shall be not less than 558 sq. m (6,006 s.f.).
9.1.4.(4)
The storey having its floor level closest to grade shall serve a principal use only.
9.1.4.(5)
The retail sale and storage of garden items in this zone shall not include the display of
motorized gardening equipment on the outside of a building.
(Bylaw 3987 - May 11/98)
9.1.4.(6)
The retail sale uses permitted under 9.1.1.(2) shall not include a Liquor Retail Sale Use
or any sale of liquor whatsoever.
9.1.5
Regulations for Buildings and Structures
9.1.5.(1)
(Removed - Bylaw 4871 - Jun 24/24)
Oak Bay Zoning Bylaw
[113]
COMMERCIAL
9.1.5.(2)
For commercial use, the following shall apply:
Principal
Building
Accessory
Buildings
Accessory
Structure
Number Permitted
one
one
one
Setbacks - Minimum
(a)
Front lot line
7.6 m (24.9')
7.6 m
(25.00')
7.6 m
(25.00')
(b)
Rear lot line
7.62 m
(24.9')
1.5 m
(5.00')
1.52 m
(5.00')
(c)
Interior side lot line
1.5 m (4.9)
1.5 m (4.9
m)
1.5 m (4.9
m)
(d)
Exterior side lot line
3.7 m (12.1')
3.7 m
(12.1')
3.7 m
(12.1')
(e)
Total of side lot lines
4.6 m (15.1')
N/A
N/A
Height - Maximum (Bylaw 4871 - Jun
24/24) (Bylaw 4984 -
July 14, 2025)
(a) Building Height where up to two
(2) dwelling units are located
within a Principal Building
(b) Building Height where three (3)
or four (4) dwelling units are
located within a Principal
Building
7.3 m (24.0')
8.5 m (27.9')
3.0 m (9.8')
3.0 m (9.8')
4.6 m
(15.1')
4.6 m
(15.1')
Number of Storeys Maximum
where up to two (2) dwelling
units are located within a
Principal Building
(Bylaw 3864 - Aug 14/95)
(Bylaw 4871 - Jun 24/24)
two
one
N/A
Number of Storeys Maximum
where three (3) or four (4)
dwelling units are located within
a Principal Building.
(Bylaw 4871 - Jun 24/24)
three
one
N/A
Lot Coverage Maximum
(Bylaw 3864 - Aug 14/95)
25%
5%
5%
Oak Bay Zoning Bylaw
[114]
COMMERCIAL
Floor Area Ratio Maximum
(Bylaw 3864 - Aug 14/95)
0.5
N/A
N/A
NOTE: Floor Area Ratio, total of all buildings may not exceed 0.5
(Bylaw 3864 - Aug 14/95)
9.1.5.(3)
The interior side lot line setback is not required when the side lot line abuts a parcel
zoned for commercial use.
9.1.5.(4)
A clear space of 3 m (10 feet) shall be provided between buildings and structures.
Oak Bay Zoning Bylaw
[115]
COMMERCIAL
9.2
This Zone shall be known as
C-2 - COMMERCIAL USE
9.2.1
Principal Uses Permitted
9.2.1.(1)
Retail use. (Bylaw 3607 - May 10/93)
9.2.1.(2)
Service business use.
9.2.1.(3)
Restaurant use.
9.2.1.(4)
Financial institution use.
9.2.1.(5)
Liquor retail sale use, but only on that parcel of land described as Lot 3, Block 1,
Section 61, Victoria District, Plan 379. (Bylaw 4374 - Sept 10/07)
9.2.2
Secondary Uses Permitted
9.2.2.(1)
Apartment use.
9.2.2.(2)
One-unit dwelling use.
9.2.3
Accessory Uses Permitted and Required
9.2.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
9.2.3.(2)
An accessory off-street loading space as required by the Parking Facilities Bylaw.
9.2.4
Regulations for Permitted Uses
9.2.4.(1)
A residential use shall only be permitted above a principal use.
9.2.4.(2)
Only a residential use shall be permitted over a residential use.
9.2.4.(3)
The maximum area for restaurant use shall not exceed 200 sq. m (2,153 s.f.).
9.2.4.(4)
The sale and service of liquor for consumption on premises within the zone may only
take place in the context of a Restaurant Use, with such an establishment being open
for the service of a varied selection of food items, including both appetizers and main
courses (or their equivalent), during all hours of its operation, and with minors being
allowed in the establishment during all such hours. (Bylaw 4195 - Sept 8/03)
9.2.4.(5)
The maximum floor area devoted to liquor retail sale use on the parcel described in
Section 9.2.1(5) shall not exceed 105 sq. m (1,130 s.f.), of which not more than
93 sq. m (1,001 s.f.) may be used as a sales and display area.
(Bylaw 4374 - Sept 10/07)
9.2.4.(6)
The minimum lot area shall be not less than 558 sq. m (6,006 s.f.).
9.2.4.(7)
The storey having its floor closest to grade shall serve a principal use only.
Oak Bay Zoning Bylaw
[116]
COMMERCIAL
9.2.4.(8)
Despite the definition of "retail use," the retail sale of produce is permitted outside of
a building provided that:
(a)
no furniture, shelving, stand, crate, bin, container, barrow, cart or vehicle in, on
or from which produce is sold, displayed, kept or stored is:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of land in
an R or RM zone; or
(ii)
kept or stored outside of a building except during the period of the actual
outdoor retail sale of produce extended by 1 hour of set-up and take-down
time on each side of that period;
(b)
the total area of table-tops, counter-tops and all other surfaces devoted to the
display of produce, including without limitation the horizontal area of bins,
crates, barrels and other containers, outside of a building on a parcel does not
exceed 15 sq. m (161 s.f.); and
(c)
the retail sale of produce outside of a building is limited to a maximum of 1 day
in any week, the duration of which on that day may not exceed 5 hours.
(Bylaw 4428 - Sept 29/08)
9.2.5
Regulations for Buildings and Structures
9.2.5.(1)
Accessory buildings and structures are not permitted.
9.2.5.(2)
Buildings shall comply with the following regulations:
(a)
Setbacks - Minimum
(i)
Front lot line
2.00 m (6.5')
(ii)
Rear lot line
0.00 m
(iii)
Interior lot line
0.00 m
(iv)
Exterior lot line
2.00 m (6.5')
(b)
Maximum
(i)
Building Height
7.32 m (24')
(ii) (Removed - Bylaw 4871
- Jun 24/24)
(c)
Number of Storeys Maximum
(Bylaw 3864 - Aug 14/95)
2
9.2.6.(1)
Notwithstanding the regulations of 9.2.5.(2)(a), the minimum setbacks for:
(a)
an interior side lot line abutting an R or RM Zone shall be not less than
2 m (6 feet); and
(b)
a rear lot line adjacent to an R or RM Zone shall be not less than 7.62 m
(25 feet).
9.2.6.(2)
The minimum permitted dwelling unit area for apartment use is as follows:
(a)
One-bedroom unit
56 sq. m (603 s.f.)
(b)
Two-bedroom unit
70 sq. m (754 s.f.)
(c)
Three-bedroom unit
84 sq. m (904 s.f.)
Oak Bay Zoning Bylaw
[117]
COMMERCIAL
9.2.8
General Regulations
9.2.8.(1)
The required off-street parking spaces shall be provided on the same lot for which
they are required.
Oak Bay Zoning Bylaw
[118]
COMMERCIAL
9.3
This Zone shall be known as
C-3, ST. 1 - VILLAGE COMMERCIAL USE - STREET LEVEL
(Bylaw 3607 - May 10/93)
9.3.1
This Zone shall comprise the area designated and shown as C-3, ST. 1 on the
"Zoning Map of The Corporation of the District of Oak Bay," but only to that floor
area the elevation of which is closest to the elevation of Oak Bay Avenue abutting the
individual parcels of land.
9.3.2
Principal Uses Permitted
9.3.2.(1)
Retail use.
9.3.2.(2)
Service business use.
9.3.2.(3)
Restaurant use.
9.3.2(4)
Liquor retail sale use, but only on that parcel of land described as Lot A, Sections 23
and 69, Victoria District, Plan 42273. (Bylaw 4486 - Oct 13/09)
9.3.3
Accessory Uses Permitted and Required
9.3.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
9.3.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
9.3.4
Regulations for Permitted Uses
9.3.4.(1)
A principal use shall not utilize a frontage abutting Oak Bay Avenue exceeding
15 m (50 feet).
9.3.4.(2)
The maximum area for restaurant use shall not exceed 200 sq. m (2,153 s.f.).
9.3.4.(3)
The sale and service of liquor for consumption on premises within the zone may only
take place in the context of a Restaurant Use, with such an establishment being open
for the service of a varied selection of food items, including both appetizers and main
courses (or their equivalent), during all hours of its operation, and with minors being
allowed in the establishment during all such hours. (Bylaw 4195 - Sept 8/03)
9.3.4.(4)
The minimum lot area shall be not less than 558 sq. m (6,006 s.f.).
9.3.4.(5)
Despite the definition of "retail use," the retail sale of produce is permitted outside of
a building provided that:
(a)
no furniture, shelving, stand, crate, bin, container, barrow, cart or vehicle in, on
or from which produce is sold, displayed, kept or stored is:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of land in
an R or RM zone; or
Oak Bay Zoning Bylaw
[119]
COMMERCIAL
(ii)
kept or stored outside of a building except during the period of the actual
outdoor retail sale of produce extended by 1 hour of set-up and take-down
time on each side of that period;
(b)
the total area of table-tops, counter-tops and all other surfaces devoted to the
display of produce, including without limitation the horizontal area of bins,
crates, barrels and other containers, outside of a building on a parcel does not
exceed 15 sq. m (161 s.f.); and
(c)
the retail sale of produce outside of a building is limited to a maximum of 1 day
in any week, the duration of which on that day may not exceed 5 hours.
(Bylaw 4428 - Sept 29/08)
9.3.4.(6)
The maximum floor area devoted to liquor retail sale use on the parcel described in
Section 9.3.2.(4) shall not exceed 215 sq. m (2,314 s.f.), of which not more than 150 sq.
m (1,615 s.f.) may be used as a sales and display area.
(Bylaw 4486 - Oct 13/09)
9.3.5
Regulations for Buildings and Structures
The regulations contained in this subsection regulate those portions of the buildings
which contain the permitted uses:
Principal
Building
Accessory
Buildings
Accessory
Structures
9.3.5.(1)
Number Permitted
one
N/P
N/P
9.3.5.(2)
Setbacks - Minimum
(a)
Front lot line
2.00 m
(6.00')
N/A
N/A
(b)
Rear lot line
0.00 m
N/A
N/A
(c)
Interior side lot line
0.00 m
N/A
N/A
9.3.5.(3)
Maximum
(a) Building Height
4.00 m
(13.00')
N/A
N/A
(b) (Removed - Bylaw 4871 - Jun 24/24)
(c) Lot coverage
50.0%
N/A
N/A
9.3.6
Notwithstanding the regulations of 9.3.5.(2), the minimum setback for:
(a)
all lot lines abutting a street shall be 2 m (6 feet);
(b)
an interior side lot line abutting an R or an RM Zone shall be not less than 2 m
(6 feet); and
(c)
a rear lot line abutting an R or RM Zone shall be not less than 7.62 m (25 feet).
9.3.7
General Regulations
9.3.7.(1)
The required off-street parking spaces shall be provided on the same lot for which
they are required, except as permitted by a Development Permit.
Oak Bay Zoning Bylaw
[120]
COMMERCIAL
9.4
This Zone shall be known as
C-3, D. 1 - VILLAGE COMMERCIAL USE - BELOW STREET LEVEL
(Bylaw 3607 - May 10/93)
9.4.1
This Zone shall comprise the area designated and shown as C-3, D. 1 on the "Zoning
Map of The Corporation of the District of Oak Bay," but only to those floor areas
below Zone C-3, ST. 1.
9.4.2
Principal Uses Permitted
9.4.2.(1)
Retail use.
9.4.2.(2)
Service business use.
9.4.2.(3)
Parking use.
9.4.2.(4)
Restaurant use.
9.4.2.(5)
Financial institution use.
9.4.2.(6)
Real Estate Office Use. (Bylaw 4932 - Nov24/25)
9.4.3
Accessory Uses Permitted and Required
9.4.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
9.4.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
9.4.4
Regulations for Permitted Uses
9.4.4.(1)
The maximum area for restaurant use shall not exceed 200 sq. m (2,153 s.f.).
9.4.4.(2)
The sale and service of liquor for consumption on premises within the zone may only
take place in the context of a Restaurant Use, with such an establishment being open
for the service of a varied selection of food items, including both appetizers and main
courses (or their equivalent), during all hours of its operation, and with minors being
allowed in the establishment during all such hours. (Bylaw 4195 - Sept 8/93)
9.4.4.(3)
The minimum lot area shall be not less than 558 sq. m (6,006 s.f.).
9.4.4.(4)
Despite the definition of "retail use," the retail sale of produce is permitted outside of
a building provided that:
(a)
no furniture, shelving, stand, crate, bin, container, barrow, cart or vehicle in, on
or from which produce is sold, displayed, kept or stored is:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of land in
an R or RM zone; or
(ii)
kept or stored outside of a building except during the period of the actual
outdoor retail sale of produce extended by 1 hour of set-up and take-down
time on each side of that period;
Oak Bay Zoning Bylaw
[121]
COMMERCIAL
(b)
the total area of table-tops, counter-tops and all other surfaces devoted to the
display of produce, including without limitation the horizontal area of bins,
crates, barrels and other containers, outside of a building on a parcel does not
exceed 15 sq. m (161 s.f.); and
(c)
the retail sale of produce outside of a building is limited to a maximum of
1 day in any week, the duration of which on that day may not exceed 5 hours.
(Bylaw 4428 - Sept 29/08)
9.4.5
Regulations for Buildings and Structures
The regulations contained in this subsection regulate those portions of the buildings
which contain the permitted uses:
Principal
Building
Accessory
Buildings
Accessory
Structure
9.4.5.(1)
Number Permitted
one
N/P
N/P
9.4.5.(2)
Setbacks - Minimum
(a)
Front lot line
2.00 m
(6.00')
N/A
N/A
(b)
Rear lot line
0.00 m
N/A
N/A
(c)
Interior side lot line
0.00 m
N/A
N/A
(d)
Exterior side lot line
2.00 m
(6.00')
N/A
N/A
9.4.6
The minimum setback for:
(a)
all lot lines abutting a street shall be 2 m (6 feet);
(b)
an interior side lot line abutting an R or an RM Zone shall be not less than 2 m
(6 feet); and
(c)
a rear lot line abutting an R or RM Zone shall be not less than 7.62 m (25 feet).
9.4.7
General Regulations
9.4.7.(1)
The required off-street parking spaces shall be provided on the same lot for which
they are required, except as permitted by a Development Permit.
Oak Bay Zoning Bylaw
[122]
COMMERCIAL
9.5
This Zone shall be known as
C-3, UP 1 - VILLAGE COMMERCIAL USE - ABOVE STREET LEVEL
(Bylaw 3607 - May 10/93)
9.5.1
This Zone shall comprise the area designated and shown as C-3, UP 1 on the "Zoning
Map of The Corporation of the District of Oak Bay," but only to those floor areas
above Zone C-3, ST. 1.
9.5.2
Principal Uses Permitted
9.5.2.(1)
Retail use.
9.5.2.(2)
Service business use.
9.5.2.(3)
Restaurant use.
9.5.2.(4)
Financial institution use.
9.5.2.(5)
Apartment use.
9.5.2.(6)
Residential use.
9.5.2.(7)
Real Estate Office Use. (Bylaw 4932 - Nov24/25)
9.5.3
Accessory Uses Permitted and Required
9.5.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
9.5.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
9.5.4
Regulations for Permitted Uses
9.5.4.(1)
A use other than a residential use shall not be permitted above a residential use within
this Zone.
9.5.4.(2)
The sale and service of liquor for consumption on premises within the zone may only
take place in the context of a Restaurant Use, with such an establishment being open
for the service of a varied selection of food items, including both appetizers and main
courses (or their equivalent), during all hours of its operation, and with minors being
allowed in the establishment during all such hours. (Bylaw 4195 - Sept 8/03)
9.5.4.(3)
The minimum lot area shall be not less than 558 sq. m (6,006 s.f.).
Oak Bay Zoning Bylaw
[123]
COMMERCIAL
9.5.5
Regulations for Buildings and Structures
The regulations contained in this subsection regulate those portions of the buildings
which contain the permitted uses:
Principal
Building
Accessory
Buildings
Accessory
Structure
9.5.5.(1)
Number Permitted
one
N/P
N/P
9.5.5.(2)
Setbacks - Minimum
(a)
Front lot line
2.00 m (6.00')
N/A
N/A
(b)
Rear lot line
0.00 m
N/A
N/A
(c)
Interior side lot line
0.00 m
N/A
N/A
(d)
Exterior side lot line
2.00 m (6.00')
N/A
N/A
9.5.5.(3)
Maximum
(a) Building Height
7.32 m (24.00')
N/A
N/A
(b) (Removed - Bylaw 4871
- Jun 24/24)
(c) Lot coverage
50.0%
N/A
N/A
9.5.6
Notwithstanding the regulations of 9.5.5.(2), the minimum setback for:
(a)
all lot lines abutting a street shall be 2 m (6 feet);
(b)
an interior side lot line abutting an R or an RM Zone shall be not less than 2 m
(6 feet); and
(c)
a rear lot line abutting an R or RM Zone shall be not less than 7.62 m (25 feet).
9.5.7.(1)
The building height regulated by paragraph 9.5.5.(3)(a), may only be exceeded by a
roof having a slope of not more than sixty (60) degrees to the horizontal.
9.5.7.(2)
Notwithstanding paragraph 9.5.5.(3)(a), dormer type windows may be constructed
into each roof face, providing:
(a)
no dormer is more than 2 m (6 feet) wide; and
(b)
the cumulative width of all the dormers does not exceed 30% of the roof face in
which they are installed.
9.5.8.(1)
The minimum permitted dwelling unit areas for apartment use are as follows:
(a)
One-bedroom units
56 sq. m (603 s.f.)
(b)
Two-bedroom units
70 sq. m (754 s.f.)
(c)
Three-bedroom units
84 sq. m (904 s.f.)
9.5.9
General Regulations
9.5.9.(1)
The required off-street parking spaces shall be provided on the same lot for which
they are required, except as permitted by a Development Permit.
Oak Bay Zoning Bylaw
[124]
COMMERCIAL
9.6
This Zone shall be known as
C3, SP1 - VILLAGE COMMERCIAL USE-MIXED USE
(Bylaw 4083 - Dec 11/00)
9.6.1
Principal Uses Permitted
(1)
Retail Use
(2)
Service Business Use
(3)
Restaurant Use
(4)
Neighbourhood Public House Use
(5)
Residential Use
(6)
Apartment Use
(7)
Financial Institution Use
(8)
Liquor Retail Sale Use (Bylaw 4195 - Sept 8/03)
(9)
Real Estate Office Use (Bylaw 4932 - Nov24/25)
9.6.2
Regulations for Permitted Uses
(1)
A use other than a residential use or an apartment use shall not be permitted
above a residential or apartment use within this Zone.
(2)
A residential use or apartment use shall not be permitted at or below street
level.
(3)
A principal use shall not utilize a frontage abutting Oak Bay Avenue exceeding
15 m (50 feet).
(4)
The maximum area for restaurant use shall not exceed 200 sq. m (2153 s.f.).
(4.1) The maximum area devoted to Liquor Retail Sale Use on any parcel of land
shall not exceed 140 sq. m (1507 s.f.), of which not more than 93 sq. m
(1001 s.f.) may be used as a sales and display area. (Bylaw 4195 - Sept 8/03)
(5)
The maximum area for Neighbourhood Public House Use shall not exceed
525 sq. m. (5651 s.f.) of which not more than 270 sq. m. (2906 s.f.) may be
used as an indoor licensed public space, not more than 41 sq. m. (441 s.f.) as an
outdoor licensed public space, and not more than 28 sq. m. (301 s.f.) as a
dedicated full-time games area. (Bylaw 4254 - Mar 15/05)
(6)
The sale and service of liquor for consumption on premises within the zone
may only take place in the context of either a Restaurant Use, with such an
establishment being open for the service of a varied selection of food items,
including both appetizers and main courses (or their equivalent), during all
hours of its operation, and with minors being allowed in the establishment
during all such hours, or in the context of a Neighbourhood Public House Use.
(Bylaw 4195 - Sept 8/03) (Bylaw 4201 - Feb 23/04)
(7)
The operation of a Neighbourhood Public House shall be subject to the
following regulations:
(a)
Maximum indoor seating capacity of one hundred fifteen (115) patrons;
(Bylaw 4254 - Mar 14/05)
(b)
Maximum outdoor seating capacity of thirty (30) patrons;
(Bylaw 4254 - Mar 14/05)
(c)
Sale of liquor for off-premises consumption is prohibited.
Oak Bay Zoning Bylaw
[125]
COMMERCIAL
(Bylaw 4195 - Sept 8/03)
(8)
A financial institution use "and a Real Estate Office Use" shall not be
permitted at street level. (Bylaw 4932 - Nov24/25)
(9)
The minimum lot area shall be not less than 558 sq. m. (6,006 s.f.)
(10) Despite the definition of "retail use", the retail sale of produce is permitted
outside of a building provided that:
(a)
no furniture, shelving, stand, crate, bin, container, barrow, cart or vehicle
in, on or from which produce is sold, displayed, kept or stored is:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of
land in an R or RM zone; or
(ii)
kept or stored outside of a building except during the period of the
actual outdoor retail sale of produce extended by 1 hour of set-up
and take-down time on each side of that period;
(b)
the total area of table-tops, counter-tops and all other surfaces devoted to
the display of produce, including without limitation the horizontal area of
bins, crates, barrels and other containers, outside of a building on a
parcel does not exceed 15 sq. m (161 s.f.); and
(c)
the retail sale of produce outside of a building is limited to a maximum
of 1 day in any week, the duration of which on that day may not exceed
5 hours. (Bylaw 4428 - Sept 29/08)
9.6.3
Accessory Uses Permitted and Required
9.6.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
9.6.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
9.6.4
Regulations for Buildings and Structures
9.6.4.(1)
Accessory buildings are prohibited.
9.6.4.(2)
The regulations contained in this subsection regulate those portions of the buildings
which contain the permitted uses:
Principal Building
(a)
Number Permitted
One
(b)
Setbacks - Minimum
(i)
Front lot line
2.00 m (6')
(ii)
Rear lot line
0.00 m
(iii) Interior side lot line
0.00 m
(iv) Exterior side lot line
2.00 m (6')
(c)
Building Height Maximum
7.32 (24')
(d) (Removed - Bylaw 4871 - Jun 24/24)
Oak Bay Zoning Bylaw
[126]
COMMERCIAL
(d)
Lot Coverage Maximum
61%
Oak Bay Zoning Bylaw
[127]
COMMERCIAL
9.6.4.(3)
Notwithstanding the regulations of 9.6.4 (2), the minimum setback for
(a)
All lot lines abutting a street shall be 2 m (6 feet);
(b)
An interior side lot line abutting an R or an RM Zone shall be not less than
2.00 m (6 feet); and
(c)
A rear lot line abutting an/or RM Zone shall be not less than 7.62 m (25 feet).
9.6.4.(4)
The building height regulated by paragraph 9.6.4.(2)(c), may only be exceeded by a
roof having a slope of not more than sixty (60) degrees to the horizontal.
9.6.4.(5)
Notwithstanding paragraph 9.6.4.(2)(c), dormer type windows may be constructed
into each roof face, provided
(a)
No dormer is more than 2 m (6 feet) wide; and
(b)
The cumulative width of all the dormers does not exceed 30% of the roof face
in which they are installed.
9.6.5.(1)
The minimum permitted dwelling unit areas for residential use or apartment use are
as follows:
(a)
One-bedroom units
56 sq.m (603 s.f.)
(b)
Two-bedroom units
70 sq.m (754 s.f.)
(c)
Three-bedroom unit
84 sq.m (904 s.f.)
Oak Bay Zoning Bylaw
[128]
COMMERCIAL
9.7
This Zone shall be known as
C-4 - LOCAL COMMERCIAL/ NEIGHBOURHOOD DELI USE
(Sections re-numbered - Bylaw 4083 - Dec 11/00)
9.7.1
Principal Uses Permitted
9.7.1.(1)
(Removed - Bylaw 4871 - Jun 24/24)
9.7.1.(2)
Retail sale and storage of groceries, meat, fish, bakery goods and sundry
household and garden items.
9.7.1.(3)
Barbers, hairdressers and beauty shops.
9.7.1.(4)
Neighbourhood Deli Use.
9.7.2
Secondary Uses Permitted
9.7.2.(1)
In conjunction with the uses permitted by 9.7.1.(2), 9.7.1.(3), or 9.7.1.(4), up to
four (4) apartment residential dwelling units.
9.7.3
Accessory Uses Permitted and Required
9.7.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
9.7.3.(2)
Accessory buildings.
9.7.3.(3)
Accessory structures.
9.7.4
Regulations for Permitted Uses
9.7.4.(1)
The maximum permitted gross floor area used for the permitted uses of 9.7.1.(2),
9.7.1.(3), and 9.7.1.(4) shall not exceed 92 sq. m (990 s.f.).
9.7.4.(2)
A principal use and a secondary use are only permitted within a principal building.
9.7.4.(3)
The minimum lot area shall be not less than 558 sq. m (6,006 s.f.).
9.7.4.(4)
The storey having its floor level closest to grade shall serve a principal use only.
9.7.4.(5)
The retail sale and storage of garden items in this zone shall not include the
display of motorized gardening equipment on the outside of a building
9.7.4.(6)
For a Neighbourhood Deli Use, seating for the consumption of any food or
beverages on the premises by customers shall be limited to a maximum of
10 seats, of which not more than 4 may be located in the interior of the building.
9.7.4.(7)
The retail sale uses permitted under 9.7.1.(2) shall not include a Liquor Retail
Sale Use or any sale of liquor whatsoever. (Bylaw 4195 - Sept 8/03)
9.7.4.(8)
The Neighbourhood Deli Use permitted under 9.7.1.(4) shall not include a Liquor
Retail Sale Use or any sale of liquor for off-premises consumption whatsoever.
(Bylaw 4195 - Sept 8/03)
Oak Bay Zoning Bylaw
[129]
COMMERCIAL
9.7.5
Regulations for Buildings and Structures
9.7.5.(1)
(Removed - Bylaw 4871 - Jun 24/24)
9.7.5.(2)
For commercial use, the following shall apply:
Principal
Building
Accessory
Buildings
Accessory
Structure
Number Permitted
one
one
one
Setbacks - Minimum
(a)
Front lot line
7.6 m
(24.9')
7.6 m
(24.9')
7.6 m
(24.9')
(b)
Rear lot line
7.6 m
(24.9')
1.5 m
(4.9')
1.5 m
(4.9')
(c)
Interior side lot line
1.5 m
(4.9')
1.5 m
(4.9')
1.5 m
(4.9')
(d)
Exterior side lot line
3.7 m
(12.1')
3.7 m
(12.1')
3.7 m
(12.1')
(e)
Total of side lot lines
4.6 m
(15.1')
N/A
N/A
Height Maximum (Bylaw 4871 - Jun
24/24)
(f) Building Height where up to two
(2) dwelling units are located
within a Principal Building
Building Height where three (3) or
four (4) dwelling units are located
within a Principal
Building
7.3 m
(24.00')
8.5 m
(27.9')
3.0 m
(9.8')
3.0 m
(9.8')
4.6 m
(15.1')
4.6 m
(15.1')
(g) (Removed - (Bylaw 4871 -
Jun 24/24)
Number of Storeys
Maximum where up to
two (2) dwelling units
are located within a
Principal Building.
(Bylaw 4871 - Jun
24/24)
two
one
N/A
Oak Bay Zoning Bylaw
[130]
COMMERCIAL
Number of Storeys Maximum
where three (3) or four (4)
dwelling units are located within
a Principal Building.
(Bylaw 4871 - Jun 24/24)
three
one
N/A
Lot Coverage Maximum
35%
5%
5%
Floor Area Ratio Maximum
0.50
N/A
N/A
NOTE:
Floor Area Ratio, total of all buildings may not exceed 0.5
9.7.5.(3)
The interior side lot line setback is not required when the side lot line abuts a
parcel zoned for Commercial Use.
9.7.5.(4)
A clear space of 3 m (10 feet) shall be provided between buildings and structures.
Oak Bay Zoning Bylaw
[131]
COMMERCIAL
9.8
This Zone shall be known as
C-5 - LOCAL COMMERCIAL/ NEIGHBOURHOOD DELI USE
(Bylaw 4386 - Dec 17/07)
9.8.1
Principal Uses Permitted
9.8.1.(1)
(Removed - Bylaw 4871 - Jun 24/24)
9.8.1.(2)
Retail sale and storage of groceries, meat, fish, delicatessen, bakery goods and
sundry household and garden items.
9.8.1.(3)
Barbers, hairdressers and beauty shops.
9.8.1.(4)
Neighbourhood deli use.
9.8.2
Accessory Uses Permitted and Required
9.8.2.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
9.8.2.(2)
Accessory buildings.
9.8.2.(3)
Accessory structures.
9.8.2.(4)
Up to four (4) apartment residential dwelling units (Bylaw 4871 - Jun 24/24)
9.8.3
Regulations for Permitted Uses
9.8.3.(1)
The total amount of floor area at any time devoted to the uses described in
Paragraphs 9.8.1.(2), (3) and (4) on a parcel shall not exceed 92 sq. m (990 s.f.).
9.8.3.(2)
With the exception of:
(a)
outdoor seating appurtenant to a neighbourhood deli use, with siting
complying with all of the following restrictions:
(i)
not less than 3.65 m (12.0 ft) from the front lot line;
(ii)
not less than 3.0 m (9.8 ft) from an interior side lot line; and
(iii) not between the rear lot line and the projection of the wall of the
principal building facing the front lot line to the closest points on the
respective side lot lines;
(b)
the outdoor display of fruits, vegetables, plants and non-motorized
gardening equipment in connection with a retail sale use at a distance of not
more than 1.5 m (4.9 ft) measured perpendicularly from a principal building
wall facing the front lot line,
a principal use shall be confined to a building.
9.8.3.(3)
No accessory building shall be used for a principal use, nor for any purpose
Oak Bay Zoning Bylaw
[132]
COMMERCIAL
ancillary to the uses described in Paragraphs 9.8.1.(2), (3) and (4).
9.8.3.(4)
For neighbourhood deli use, the number of seating spaces for the consumption of
food or beverages on the parcel shall not exceed 15.
9.8.3.(5)
The retail sale uses permitted under Section 9.8.1.(2) shall not include a liquor
retail sale use or any sale of liquor whatsoever.
9.8.3.(6)
The neighbourhood deli use permitted under Section 9.8.1.(4) shall not include a
liquor retail sale use or any sale of liquor for off-premises consumption
whatsoever.
9.8.4
Regulations for Buildings and Structures
9.8.4.(1)
(Removed - Bylaw 4871 - Jun 24/24)
9.8.4.(2)
For commercial use, or a combination of commercial and residential use, the
following shall apply:
Principal
Building
Accessory
Building
Accessory
Structure
(a) Number Permitted
1
1
1
(b) Setbacks - Minimum
(i)
Front lot line
7.6 m
(24.9')
7.6 m
(24.9')
7.6 m
(24.9')
(ii)
Rear lot line
7.6 m
(24.9')
1.5 m
(4.9')
1.52 m
(4.9')
(iii) Interior side lot line
1.5 m (4.9')
1.5 m
(4.9')
1.5 m
(4.9')
(iv) Total of side lot lines
4.6 m
(15.1')
N/A
N/A
(c) Height Maximum
(i) Building Height where up to
two (2) dwelling units are
located within a Principal
Building
(ii) Building Height where
three (3) or four (4) dwelling
units are located within a
Principal Building
7.3 m
(24.0')
8.5 m
(27.9')
3.0 m
(9.8')
3.0 m
(9.8')
4.6 m
(15.1')
4.6 m
(15.1')
(d) (Removed - Bylaw 4871 -
Jun 24/24)
(Removed - Bylaw 4984 - July 14,
Oak Bay Zoning Bylaw
[133]
COMMERCIAL
2025)
(e) Number of Storeys Maximum
where up to two (2) dwelling
units are located within a
Principal Building. (Bylaw
4871 - Jun 24/24)
(f) Number of Storeys where
three (3) or four (4) dwelling
units are located within a
Principal Building.
2
3
1
1
N/A
N/A
() Lot Coverage Maximum
35%
5%
5%
(f) Floor Area Ratio Maximum
Total all buildings: 0.5
N/A
9.8.4.(3)
Despite Section 9.8.4.(2)(b)(iii), the minimum interior side lot line setback
requirement does not apply relative to the portion of a side lot line shared with an
adjacent parcel zoned for commercial use.
9.8.4.(4)
A clear space of not less than 3 m (9.8 ft) shall be provided between buildings, and
between buildings and structures.
Oak Bay Zoning Bylaw
[134]
COMMERCIAL
PART 10
10.1
This Zone shall be known as
CS-1 - SERVICE STATION COMMERCIAL USE
10.1.1
Principal Use Permitted
10.1.1.(1)
Service station use.
10.1.2
Accessory Use Permitted and Required
10.1.2.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
10.1.3
Regulations for Permitted Uses
10.1.3.(1)
A service station use shall:
(a)
not be permitted on a lot with an area of less than 1115 sq. m (12,000 s.f.);
and
(b)
be located on a corner lot at the intersection of one or more arterial roads,
as recognized in the Official Community Plan.
10.1.4
Regulations for Buildings and Structures
Principal
Building
Accessory
Buildings
Accessory
Structure
10.1.4.(1)
Number Permitted
one
N/P
N/P
10.1.4.(2)
Setbacks - Minimum
(a)
Front lot line
6.00 m
(20.00')
N/P
N/P
(b)
Rear lot line
7.62 m
(25.00')
N/P
N/P
(c)
Exterior side lot line
6.00 m
(20.00')
N/P
N/P
10.1.4.(3)
Building Height Maximum
4.60 m
(15.00')
N/P
N/P
10.1.4.(4)
Notwithstanding 10.1.4.(2), gasoline pumps and other service equipment may not
be closer than 4.6 m (15 feet) from any street.
10.1.4.(5)
Notwithstanding 10.1.4.(1), not more than two (2) roofed structures may be
constructed to provide weather protection for the gasoline pumps.
Oak Bay Zoning Bylaw
[135]
COMMERCIAL
10.2
This Zone shall be known as
CS-2 - MARINE COMMERCIAL USE
10.2.1
Principal Uses Permitted
10.2.1.(1)
A Marina use.
10.2.2.
Secondary Uses Permitted
10.2.2.(1)
Marine Fuel Sales.
10.2.2.(2)
Marine Service Facilities.
10.2.2.(3)
Restaurant.
10.2.2.(4)
Marine Tours.
10.2.2.(5)
Marina Administration Offices.
10.2.2.(6)
Sea Rescue Use.
10.2.2.(7)
Marine Instruction Use.
10.2.2.(8)
Bicycle Rentals.
10.2.2.(9)
Bicycle Tours.
(Bylaw 3782 - Dec 20/93) (Bylaw 4686 - May 8/17)
10.2.3
Accessory Uses Permitted and Required
10.2.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
10.2.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
10.2.4
Regulations for Permitted Uses
10.2.4.(1)
A marina use shall not include that of being a terminal of a commercial
transportation services provided by sea-going vessels, hovercraft or aeroplanes.
10.2.4.(2)
A marina use shall not include that of residential use, either in a building or in a
watercraft.
10.2.4.(3)
(Repealed - Bylaw 3782 - Dec 20/93) (Bylaw 4689 - May 8/17)
10.2.4.(4)
A Marine Service Facilities use shall not include the dry land storage of marine
vessels over 15.24 metres (50 feet) in length, even for the purpose of construction
or repair. (Bylaw 3782 - Dec 20/93)
10.2.5
Regulations for Buildings and Structures
10.2.5.(1)
No building or structure (excluding a sign, fence or screen otherwise permitted by
bylaw) shall be sited at a distance less than 45.0 metres (147.6 feet) from any lot
line abutting a street. (Bylaw 3782 - Dec 20/93)
Oak Bay Zoning Bylaw
[136]
COMMERCIAL
10.2.5.(2)
No building or structure (excluding a fence or screen otherwise permitted by
bylaw) shall be sited at a distance less than 10.66 metres (35.0 feet) from any lot
line abutting a parcel zoned for Residential Use or Multiple Dwellings Use.
(Bylaw 3782 - Dec 20/93)
10.2.5.(3)
Buildings and structures shall not exceed a lot coverage, or, for contiguous parcels
(excluding aquatic land) included within the same marina operation, a combined
lot coverage, of 45%. (Bylaw 3782 - Dec 20/93)
10.2.5.(4)
Subject to Section 10.2.5.(5), no building or structure shall exceed a roof height or
total height, respectively, of 9.75 metres (32.0 feet). (Bylaw 3782 - Dec 20/93)
10.2.5.(5)
With the exception of
(a)
one (1) boathouse for Sea Rescue Use;
(b)
one (1) floating building for yacht brokerage use;
(c)
one (1) floating or dock-mounted building for marine fuel sales use;
(d)
one (1) main service panel for the supply of electrical power to docks;
(e)
two (2) marine ways for boat haul-out and repair;
(f)
storage lockers, small boat racks and standard recreational marina dock
utilities and appurtenances;
(g)
lighting fixture supports and dock anchoring piles; and
(h)
walkways, decks, railings and gangways appurtenant to upland property or
buildings thereon, (Bylaw 4305 - Apr 24/06)
for any marina, no building, and no structure with a height exceeding 1.2 metres
(3.9 feet) above sea level, shall be erected, placed or moored on or over aquatic
land. (Bylaw 3782 - Dec 20/93)
10.2.5.(6)
A boathouse moored for Sea Rescue Use shall not exceed a roof height of
5.5 metres (18.0 feet) above sea level, nor a width of 6.1 metres (20.0 feet), nor a
length of 14.4 metres (47.2 feet).
(Bylaw 3782 - Dec 20/93) (Bylaw 4474 - Jul 20/09)
10.2.5.(7)
A floating building moored for yacht brokerage use shall not exceed a roof height
of 3.5 metres (11.5 feet) above sea level, nor a width of 3.2 metres (10.5 feet), nor
a length of 7.6 metres (24.9 feet). (Bylaw 3782 - Dec 20/93)
10.2.5.(8)
A building placed or erected on a dock, or moored, for the purpose of marine fuel
sales shall not exceed a roof height of 4.0 metres (13.1 feet) above sea level, nor a
width of 5.5 metres (18.0 feet), nor a length of 11.0 metres (36.1 feet).
(Bylaw 3782 - Dec 20/93)
10.2.5.(9)
A marine way for boat haul-out and repair, and any structure appurtenant thereto,
shall not exceed a height of 3.7 metres (12.1 feet) above sea level.
(Bylaw 3782 - Dec 20/93)
10.2.5.(10)
A storage locker, small boat rack or standard recreational marina dock utility or
appurtenance shall not exceed a height of 2.13 metres (7.0 feet) above sea level.
(Bylaw 3782 - Dec 20/93)
10.2.5.(11)
The portion of foreshore or land covered by water adjoining the north west
boundary of Block C of District Lot 114, shown in hatching on the sketch attached
as Schedule "D" to this Bylaw, shall not be used for commercial purposes.
(Bylaw 4474 - Jul 20/09)
Oak Bay Zoning Bylaw
[137]
COMMERCIAL
10.2.5.(12)
Despite the definition of "Secondary Use," the portion of foreshore or land covered
by water adjoining the north west boundary of Block C of District Lot 114, shown
in hatching on the sketch attached as Schedule "D" to this Bylaw, may be used for
Sea Rescue Use notwithstanding that such use is not carried out in conjunction
with a Marina Use in that area.
(Bylaw 4474 - Jul 20/09)
Oak Bay Zoning Bylaw
[138]
INSTITUTIONAL
PART 11
11.1
This Zone shall be known as
P-1 - GENERAL INSTITUTIONAL USE
(Bylaw 4366 - Jun 11/07)
11.1.1
Principal Uses Permitted
11.1.1.(1)
General institutional use.
11.1.1.(2)
Off-street parking use, but only on those parcels of land described as follows:
Rem. Lot 5 and Lot 6, Sections 28 and 69, Victoria District, Plan 2376;
Lot B, Section 23, Victoria District, Plan 42273;
Lot 19, Block AA, Section 23, Plan 368B;
District Lot 252, Victoria District, as shown on plan of survey prepared by Ian T.
Hughes, B.C.L.S, dated March 20, 1993. (Bylaw 4305 - Apr 24/06)
11.1.1.(3)
Works yard use, but only on that parcel of land described as Lot 2, Section 69,
Victoria District, Plan 12892. (Bylaw 4305 - Apr 24/06)
11.1.2
Secondary Uses Permitted (notwithstanding Sections 5.1.1.(14) and 5.1.1.(16), but
in respect of land comprising a municipal park, subject always to a trust condition
or a covenant registered against the title to the land):
(Bylaw 4428 - Sept 29/08)
11.1.2.(1)
Limited recycling depot use, but only on that area of land shown in hatching on
the plan reproduced below, being a portion of Lot 70, Section 28, Victoria District,
Plan 9341:
(Bylaw 4366 - Jun 11/07) (Bylaw 4428 - Sept 29/08)
11.1.2.(2)
Outdoor produce market use. (Bylaw 4428 - Sept 29/08)
11.1.3
Accessory Uses Permitted and Required
11.1.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
11.1.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
Oak Bay Zoning Bylaw
[139]
INSTITUTIONAL
11.1.4
Regulations Respecting Use
11.1.4.(1)
On land where a limited recycling depot use is permitted pursuant to
Section 11.1.2.(1), recyclable plastics and recyclable electronics may not be
received, sorted or transferred except on a maximum of 1 day in any calendar
month, nor may any such receiving, sorting or transferring activity take place
outside the 9:00 a.m. to 12:30 p.m. period on that day.
11.1.4.(2)
Outside the 9:00 a.m. to 12:30 p.m. period on the day when recyclable plastics and
recyclable electronics may be received, sorted or transferred pursuant to Section
11.1.4.(1), such recyclable plastics and recyclable electronics may not be deposited
or stored on land where a limited recycling depot use is permitted pursuant to
Section 11.1.2.(1).
11.1.4.(3)
On land where a limited recycling depot use is permitted pursuant to
Section 11.1.2.(1) the fee of which is in the Corporation, and for a limited recycling
depot use not carried out by the Corporation, the person carrying out such use must
have been granted by Council a licence of occupation of the land for a defined
period, wherein the person to whom the licence is granted has executed an
agreement indemnifying the Corporation from and against claims arising out of the
limited recycling depot use and occupation, releasing the Corporation from claims
of that person arising out of such use and occupation, providing evidence of public
liability insurance in an amount not less than Three Million Dollars ($3,000,000)
inclusive per occurrence for bodily injury, death, and damage to property with the
Corporation named as an additional insured, agreeing to pay all costs incurred by
the Corporation in connection with such use and occupancy, and agreeing to abide
by any other conditions of occupancy which may be required by the Corporation
as owner of the land.
11.1.4.(4)
In respect of an outdoor produce market use:
(a)
no furniture, shelving, stand, crate, bin, container, barrow, cart or vehicle in,
on or from which produce is sold, displayed, kept or stored may be:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of land
in an R or RM zone; or
(ii)
kept or stored outside of a building except during the period of the
actual outdoor retail sale of produce extended by 1 hour of set-up and
take-down time on each side of that period;
(b)
the total area of table-tops, counter-tops and all other surfaces devoted to the
display of produce, including without limitation the horizontal area of bins,
crates, barrels and other containers, outside of a building on a parcel may not
exceed 15 sq. m (161 s.f.); and
(c)
the outdoor produce market use shall be limited to a maximum of 1 day in
any week, the duration of which on that day may not exceed 5 hours.
11.1.4.(5)
Section 11.1.4.(3) applies, with the necessary changes, in respect of an outdoor
produce market use on land the fee of which is in the Corporation.
(Bylaw 4428 - Sept 29/08)
Oak Bay Zoning Bylaw
[140]
INSTITUTIONAL
11.1.5
Regulations for Buildings and Structures
11.1.5.(1)
On any parcel, the combined lot coverage of all buildings and structures shall not
exceed 30%.
11.1.5.(2)
Every building and structure shall be set back not less than 7.62 m (25 ft) from
every lot line.
11.1.5.(3)
The combined floor area ratio of all buildings and structures shall not exceed 1.00.
11.1.5.(4)
No structure shall have a height in excess of 14 m (45.9 ft).
11.1.5.(5)
No building shall have a roof height in excess of 14 m (45.9 ft).
11.1.6
Oak Bay High School Lands.
11.1.6.(1)
In this section, "Oak Bay High School Lands" means the lots having the following
legal descriptions:
(a)
Amended Lot 1 (DD155452I), Block 2, Section 28, Victoria District,
Plan 1755;
(b)
Lot 1, Section 28, Victoria District, Plan 8380;
(c)
Lot 2, Section 28, Victoria District, Plan 2376 except part in Plan 8380;
(d)
Lot 3, Section 28, Victoria District, Plan 2376 except part in Plan 8380;
(e)
Lot 1, Sections 28 and 29, Victoria District, Plan 12892;
(f)
Lot 4, Section 28, Victoria District, Plan 2376;
(g)
Lot 2, Section 28, Victoria District, Plan 8380;
(h)
Lot 5, Sections 28 and 69, Victoria District, Plan 2376;
(i)
Lot 6, Sections 28 and 69, Victoria District, Plan 2376.
11.1.6.(2)
In the case of the Oak Bay High School Lands:
(a)
for certainty, in addition to any use permitted under this Part, the Oak Bay
High School Lands may be used as a community theatre and arts facility and
neighbourhood learning centre;
(b)
despite subsection 11.1.5.(2), the setbacks for buildings and structures on the
Oak Bay High School Lands shall be determined as if the Oak Bay High
School Lands formed a single lot;
(c)
despite subsection 11.1.5.(4) and (5) of this Bylaw the maximum height of
a building located within that part of the Oak Bay High School Lands shown
shaded on the Rezoning Plan attached as Schedule B to this Bylaw shall not
exceed 17.4 m;
(d)
despite section 4.12.2 of this Bylaw and for the purposes of section 5.2 of
the Parking Facilities Bylaw, 1986, off-street parking spaces required under
the Parking Facilities Bylaw, 1986: may be provided within any lot or
combination of lots forming part of the Oak Bay High School Lands as if the
Oak Bay High School Lands formed a single lot; and
(e)
off-street parking spaces referred to in paragraph (d) must be situated in
accordance with the Parking Plan attached hereto as Schedule C.
(Bylaw 4572 - Nov 13/2012)
Oak Bay Zoning Bylaw
[141]
INSTITUTIONAL
11.1.7
Camosun College Lands
11.1.7.(1)
In this Section, "Camosun College Lands" means the lot having the following
legal description:
Lot 1, Section 31, Victoria District, Plan EPP147445, PID: 032-617-267
11.1.7.(2)
For the Camosun College Lands:
(a)
The general institutional uses permitted under Section 11.1.1.(1) are
deemed to include student housing provided by a college and other
accessory uses customarily incidental and subordinate to a college.
(b)
For clarity, the front lot line is the lot line abutting the road named
University Woods.
(c)
Notwithstanding 11.1.5.(2), the minimum exterior side lot line setback for
buildings and structures shall be 6.0 m (19.7 ft).
(d)
Notwithstanding 11.1.5.(2), the minimum interior side lot line setback for
buildings and structures shall be 9.0 m (29.5 ft).
(e)
Notwithstanding 11.1.5.(4) and 11.1.5.(5), the maximum permitted roof
height for buildings and structures shall be 25.0m (82.0 ft).
(f)
Notwithstanding 11.1.5.(1), the combined lot coverage for all buildings and
structures may exceed 30%.
(g)
Notwithstanding 11.1.5.(3), the combined floor area ratio of all buildings
and structures may exceed 1.00.
(h)
Notwithstanding 4.11.1.(2), where the general institutional uses for a
building include more than one type of use, the required number of off-
street parking spaces shall be the sum of the requirements for the uses,
calculated separately.
(i)
Notwithstanding 4.12.2, required off-street parking spaces may be
provided on a separate lot from the building being served, provided that the
lot on which the off-street parking spaces are located is part of the
Lansdowne campus for Camosun College.
(Bylaw 4926, Oct 27, 2025)
11.2
This Zone shall be known as
P-2 - SPECIAL INSTITUTIONAL USE
(Bylaw 3877 - Sept - 9/96)
11.2.1
Principal Uses Permitted
11.2.1.(1)
An assembly use, provided that a long-term care institution shall be permitted
only on that parcel of land described as Lot 1, Sections 28 and 61, Victoria
District, Plan 23992. (Bylaw 4305 - Apr 24/06)
11.2.2
Secondary Uses Permitted
11.2.2.(1)
Residential uses in accordance with the regulations for Zone R-5.
(Bylaw 4871 - Jun 24/24)
11.2.2.(2)
Congregate housing, provided that the principal use on a single lot is a church,
and subject to the availability of excess land.
11.2.2.(3)
Multiple family dwelling use, provided that the principal use on a single lot is a
church.
Oak Bay Zoning Bylaw
[142]
INSTITUTIONAL
11.2.2.(4)
Outdoor produce market use. (Bylaw 4428 - Sept 29/08)
11.2.3
Accessory Uses Permitted and Required
11.2.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
11.2.3.(2)
Accessory buildings.
11.2.4
Regulations for Permitted Uses
11.2.4.(1)
An assembly use shall not be permitted on a lot with an area of less than
2000 sq. m (21,528 s.f.).
11.2.4.(2)
A multiple-unitdwelling use shall not be permitted on a lot with an area of less
than 4000 sq. m (43,057 s.f.).
(Bylaw 4984 - July 14, 2025)
11.2.4.(3)
For the purposes of this Section,
'EXCESS LAND' means the area of land 'EL', in square metres, represented in
the formula
EL = LA - [(2.75 x C) + V]
where LA = the area, in square metres, of the single lot, and where
(a)
C = the sum of the coverage, in square metres, and
(b)
V = the area of land, in square metres, required for vehicle ingress, egress
and parking pursuant to the Parking Facilities Bylaw except as varied
by Development Variance Permit,
for all buildings and structures, both existing and as contemplated in any
application for a permit that would increase the area covered by buildings and
structures;
and excess land shall be deemed to be available when the calculated value 'EL' is
greater than zero.
11.2.4(4)
In respect of an outdoor produce market use:
(a)
no furniture, shelving, stand, crate, bin, container, barrow, cart or vehicle in,
on or from which produce is sold, displayed, kept or stored may be:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of land
in an R or RM zone; or
(ii)
kept or stored outside of a building except during the period of the
actual outdoor retail sale of produce extended by 1 hour of set-up and
take-down time on each side of that period;
(b)
the total area of table-tops, counter-tops and all other surfaces devoted to the
display of produce, including without limitation the horizontal area of bins,
crates, barrels and other containers, outside of a building on a parcel may not
exceed 15 sq. m (161 s.f.); and
Oak Bay Zoning Bylaw
[143]
INSTITUTIONAL
(c)
the outdoor produce market use shall be limited to a maximum of 1 day in
any week, the duration of which on that day may not exceed 5 hours.
(Bylaw 4428 - Sept 29/08)
Oak Bay Zoning Bylaw
[144]
INSTITUTIONAL
11.2.5 Regulations for Buildings and Structures
(Miscellaneous changes - Bylaw 4871 - Jun 24/24)
Principal
Building
Accessory
Buildings
Congregate
Housing
Multiple
Dwelling
Accessory
Structure
11.2.5.(1) Setback - Minimum
(a) Front lot line
7.6 m
(24.9')
7.6 m
(24.9)
7.6m
(24.9')
9.1 m
(30.0')
N/A
(b) Rear lot line
7.6 m
(24.9')
2.0 m
(6.6')
7.6 m
(24.9')
9.1 m
(30.0')
N/A
(c) Interior side lot line
7.6 m
(24.9')
2.0 m
(6.6')
3.0 m
(9.8')
6.0 m
(19.7')
N/A
(d) Exterior side lot line
7.6 m
(24.9')
7.6 m
(24.9')
7.6 m
(24.9')
9.1 m
(30.0')
N/A
(e) Total of side lot lines
40% of
lot width
N/A
N/A
N/A
N/A
11.2.5.(2) Building Height Maximum
10.7 m
(35.1')
3.00 m
(9.8)
7.3 m
(24.0')
10.70 m
(35.1')
N/A
11.2.5.(3) (Removed - Bylaw 4871 -
Jun 24/24)
11.2.5.(4) Roof Height Maximum
N/A
4.6 m
(15.1')
9.1 m
(30.0')
N/A
N/A
11.2.5.(5) Lot Coverage Maximum
30%
5%
See Note 1 See Note 2
N/A
11.2.5.(6) Number of Storeys
N/A
N/A
N/A
3
N/A
11.2.5.(7) Number Permitted
N/A
N/A
N/A
1
N/A
11.2.5.(8) Floor Area Ratio Maximum
N/A
N/A
N/A
See Note 3
N/A
NOTE 1
The maximum lot coverage for a building serving a congregate housing use shall not
exceed 300 square metres (3,229 square feet).
NOTE 2
The maximum lot coverage for a building serving a multiple-unit dwelling use shall not
exceed 90% of the combined lot coverage of all buildings serving a principal use.
(Bylaw 4984 - July 14, 2025)
NOTE 3
The maximum Floor Area Ratio for a building serving a multiple-unit dwelling use shall
not exceed the combined Floor Area Ratio of all buildings serving a principal use.
(Bylaw 4984 - July 14, 2025)
11.2.5.(9)
A clear space of 3 m (10 feet) shall be provided between buildings and between buildings and
structures.
11.2.5.(10)
Notwithstanding 11.2.5.(5), but subject to paragraph (11), the maximum total lot coverage for all
buildings serving a principal use, a congregate housing use, and a multiple--unit dwelling use
shall not exceed 30%.
(Bylaw 4984 - July 14, 2025)
Oak Bay Zoning Bylaw
[145]
INSTITUTIONAL
11.2.5.(11)
Where a congregate housing use exists, no building serving any other use shall be erected, and no
existing building shall be expanded, if the result would be to reduce the excess land to a value
less than or equal to zero.
Oak Bay Zoning Bylaw
[146]
INSTITUTIONAL
11.2.6 The minimum permitted residential floor area required for each dwelling unit in a multiple-
-unit dwelling use is as follows:
(a)
One-bedroom unit
56 sq.m (603 s.f.)
(b)
Two bedroom unit
71 sq.m (754 s.f.)
(c)
Three bedroom unit
84 sq.m (904 s.f.)
(Bylaw 4984 - July 14, 2025)
11.2.7
Notwithstanding any other regulation of this Bylaw, the following site-specific regulations shall
apply to the property legally described as "Lot 1, Section 23, Victoria Plan VIP58102
Lease/Permit/License # EP26479, As Shown On PL VIP60616" (2095 Granite Street).
11.2.7.(1)
The minimum lot size for subdivision of lots in existence prior to May 13th, 2024, shall be 1040
m2.
11.2.7.(2)
Principal Uses Permitted
(a) Congregate housing
11.2.7.(3)
Regulations for Buildings and Structures
(a) The minimum required interior side lot line setback shall be 2.5 m.
(b) Regulations contained elsewhere in this bylaw with respect to floor area ratio, lot coverage,
building height, or any other measure of density shall not apply to a building containing a
Congregate Housing use constructed prior to May 13th, 2024.
Oak Bay Zoning Bylaw
[147]
INSTITUTIONAL
11.3
This Zone shall be known as
P-3 - COMMERCIAL RECREATION USE
11.3.1
Principal Uses Permitted
11.3.1.(1)
Golf course use.
11.3.1.(2)
Yacht club use.
11.3.1.(3)
Tennis club use.
11.3.2
Secondary Uses Permitted
11.3.2.(1)
Club houses and sanitary facilities.
11.3.3
Accessory Uses Permitted and Required
11.3.3.(1)
Maintenance buildings.
11.3.3.(2)
Marine ways.
11.3.3.(3)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
11.3.4
Regulations for Permitted Uses
11.3.4.(1)
A Golf Course use shall not be permitted on a lot with an area of less than 29 ha
(71.65 acres).
11.3.4.(2)
A Yacht Club use is restricted to the:
(a)
providing of moorage space for watercraft by and for club members;
(b)
use of one (1) building for club recreation use;
(c)
providing of servicing facilities for club members' watercraft; and
(d)
lot area being not less than 10800 sq. m (116,250 s.f.).
11.3.4.(3)
A Tennis Club use is restricted to the:
(a)
providing of not more than four (4) tennis courts and one (1) building for the club
members' use;
(b)
use of the land for tennis is not permitted between sunset and 8:30 a.m.; except
tennis shall not be played before 9:00 a.m. on a Sunday or a holiday; and
(c)
lot area being not less than 2785 sq. m (30,000 s.f.).
11.3.5
Regulations for Buildings and Structures
11.3.5.(1)
The construction of buildings on Lots 13, 53 and 54, Plan 874 shall conform to the
regulations of R-5 Zone.
11.3.5.(2)
The construction of buildings on Lot 2, Plan 1216A and Lot 1, Plan 12060 shall conform
to the regulations of R-1 Zone.
Oak Bay Zoning Bylaw
[148]
INSTITUTIONAL
11.3.5.(3)
The following shall apply to land used as a golf course:
11.3.5.(3)(a)
The combined lot coverage of all buildings and structures shall not exceed 5%.
11.3.5.(3)(b)
No building shall have a roof height in excess of 9.14 m (30.0 ft).
11.3.5.(3)(c)
No building shall be erected, constructed or placed within 10.7 m (35.1 ft) from
any lot line.
11.3.5.(3)(d)
Except for:
(i)
a fence or utility pole;
(ii)
a structure with a height not exceeding 0.75 m (2.5 ft);
(iii) a ball washing device, hole identification sign, yardage sign or like appurtenance
peculiar to the game of golf, with a height not exceeding 1.5 m (4.9 ft);
(iv) one sign per parcel, identifying the golf course, with a height not exceeding
1.5 m (4.9 ft),
no structure shall be erected, constructed or placed within 7.62 m (25.0 ft) from any lot line.
11.3.5.(3)(e)
No structure described in Section 11.3.5.(3)(d)(ii) or (iii) shall be erected, constructed or
placed within 3.0 m (9.8 ft) from the portion of any lot line which abuts land located in a
Residential Use (R) Zone or a Multiple Dwellings Use (RM) Zone, nor within 1.0 m (3.3
ft) from any other point on a lot line.
11.3.5.(3)(f)
No structure described in Section 11.3.5.(3)(d)(iv) shall be erected, constructed or placed
within 7.62 m (25.0 ft) from the portion of any lot line which abuts land located in a
Residential Use (R) Zone or a Multiple Dwellings Use (RM) Zone, nor within 1.0 m (3.3
ft) from any other point on a lot line.
11.3.5.(3)(g)
Without relieving from the requirement to comply with every other regulation, whether set
out in this Bylaw or in another bylaw of the Corporation, restricting the height of a
particular type of structure, no structure shall have a height in excess of 4.6 m (15.1 ft).
11.3.5.(3)(h)
No tee box on land which has been raised to a level higher than 0.75 m (2.5 ft) above
natural grade shall be laid out so that any portion of the land comprising the tee box, as
demarcated by one or more objects placed on or set into the ground, or in any other way,
lies within 4.0 m (13.1 ft) from the portion of any lot line which abuts land located in a
Residential Use (R) Zone or a Multiple Dwellings Use (RM) Zone.
11.3.5.(3)(i)
With respect to a tee box laid out on a raised area of land as described in
Section 11.3.5.(3)(h) prior to the adoption of Bylaw No. 4516, the location of which does
not comply with Section 11.3.5.(3)(h), the tee box may
(i)
continue to be used, but if its use as a tee box is discontinued for a period of
6 continuous months, any subsequent use of such raised area as a tee box becomes
subject to Section 11.3.5.(3)(h); and
(ii)
be repaired or altered provided that such repair or alteration involves no further
contravention of Section 11.3.5.(3)(h) than that existing at the time the repair or
alteration was commenced.
11.3.5(3)(j)
For the purpose of Section 11.3.5.(3)(d)(ii), the definition of "height" set out in Section 2.1
shall apply to a retaining wall as if retaining walls had not been excluded from the types of
structures to which that definition applies. (Bylaw 4516 - Nov 22/10)
Oak Bay Zoning Bylaw
[149]
INSTITUTIONAL
11.4
This Zone shall be known as
P-4 - SEA ZONE USE
11.4.1
Sea Zone shall consist of all the sea, foreshore and land covered by water within the
boundaries of Oak Bay.
11.4.2
Prohibitions
11.4.2.(1)
Subject to the authority of the Federal and Provincial Government legislation, and
without limiting the generality of the wording, the following uses of the lands and sea are
prohibited:
(a)
the embarking or disembarking of passengers and the loading or unloading of
goods by aeroplane for commercial purposes;
(b)
the construction and maintenance of wharfage, boathouses, boatsheds and buildings
and structures;
(c)
the construction of breakwaters by piling or dumping;
(d)
commercial enterprises of any kind, except for the mooring of booms in the area
allotted by the Department of Transport immediately adjacent to the northeast
boundary of Water Lot 110;
(e)
the launching of a boat or ship except at the launching ramps provided for such
purposes; and
(f)
the use of houseboats, rafts, scows, boats or other floating structures when such
structures are used for sleeping or dwelling purposes.
11.4.3
Permitted Uses
11.4.3.(1)
Subject to the authority of the Federal and Provincial Government legislation:
(a) public recreational use
(b) (Repealed - Bylaw 4305 - Apr 24/06)
11.4.4
Exceptions
11.4.4.(1)
The regulations of this section apply to the Water Lots leased from the Provincial and
Federal Governments, except where such regulations are contrary to the terms of the
lease.
Oak Bay Zoning Bylaw
[150]
INSTITUTIONAL
11.5
This Zone shall be known as
P-5 - CEMETERY USE
(Bylaw 3675 - Apr 22/91)
11.5.1
Principal Uses Permitted
11.5.1.(1)
Cemetery use.
11.5.2
Secondary Uses Permitted
11.5.2.(1)
Storage of tools and equipment used in maintaining the cemetery.
11.5.3
Regulations for Permitted Uses
11.5.3.(1)
A cemetery use shall not be permitted on a lot with an area less than
16,000 sq. m (172,160 s.f.).
11.5.3.(2)
The lot shall not be paved or otherwise hard surfaced except to the extent necessary to
erect or place memorials or to provide a foundation for a building serving the allowable
secondary use.
11.5.4
Regulations for Buildings and Structures
11.5.4.(1)
No principal building is permitted.
11.5.4.(2)
One (1) building serving the allowable secondary use shall be permitted subject to the
following regulations:
(a)
Minimum setback:
7.62 m (25 ft.) from all lot lines
(b) (Removed - Bylaw 4871 - Jun 24/24)
(c)
Maximum building height:
2.44 m (8 ft.)
(d)
Maximum roof height:
3.66 m (12 ft.)
(e)
Maximum gross floor area:
18.60 sq. m (200 s.f.).
11.5.4.(3)
Except for a fence, no structure or portion thereof shall be erected or maintained within
7.62 m (25 ft.) of any lot line.
11.5.4.(4)
Notwithstanding Section 4.7.1, monuments, tombstones, headstones and other memorials
shall not exceed a height of 1.8 m (6 ft.) measured from grade to the highest part of the
structure.
11.5.4.(5)
No structures other than a fence, monuments, tombstones, headstones and other
memorials are permitted.
Oak Bay Zoning Bylaw
[151]
INSTITUTIONAL
11.6
This Zone shall be known as
P-6 - GENERAL INSTITUTIONAL/RESIDENTIAL USE
(Bylaw 3961 - Dec 22/97) (Bylaw 4305 - Apr 24/06)
11.6.1
Principal Uses Permitted
11.6.1.(1)
A general institutional use. (Bylaw 4305 - Apr 24/06)
11.6.1.(2)
(Repealed - Bylaw 4305 - Apr 24/06)
11.6.2
Secondary Uses Permitted
11.6.2.(1)
Apartment use. (Bylaw 4305 - Apr 24/06)
11.6.2.(2)
Outdoor produce market use, notwithstanding Section 5.1.1.(16)
(Bylaw 4428 - Sept 29/08)
11.6.3
Accessory Uses Permitted and Required
11.6.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw
11.6.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw
11.6.4
Regulations Respecting Use (Bylaw 4428 - Sept 29/08)
11.6.4.(1)
In respect of an outdoor produce market use:
(a)
no furniture, shelving, stand, crate, bin, container, barrow, cart or vehicle in, on or
from which produce is sold, displayed, kept or stored may be:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of land in an R
or RM zone; or
(ii)
kept or stored outside of a building except during the period of the actual
outdoor retail sale of produce extended by 1 hour of set-up and take-down time
on each side of that period;
(b)
the total area of table-tops, counter-tops and all other surfaces devoted to the display
of produce, including without limitation the horizontal area of bins, crates, barrels
and other containers, outside of a building on a parcel may not exceed 15 sq. m (161
s.f.); and
(c)
the outdoor produce market use shall be limited to a maximum of 1 day in any week,
the duration of which on that day may not exceed 5 hours.
11.6.4.(2)
Section 11.1.4.(3) applies, with the necessary changes, in respect of an outdoor produce
market use on land the fee of which is in the Corporation.
Oak Bay Zoning Bylaw
[152]
INSTITUTIONAL
11.6.5
Regulations for Buildings and Structures
11.6.5.(1)
Buildings and structures shall not exceed a combined lot coverage of more than 40%
11.6.5.(2)
Buildings and structures shall be set back not less than 7.6 m (25 feet) from every lot line
11.6.5.(3)
Buildings and structures shall not exceed a combined floor area ratio of 1.0
11.6.5.(4)
Buildings and structures shall not exceed a height of 14 m (46 feet).
(Bylaw 4428 - Sept 29/08)
Oak Bay Zoning Bylaw
[153]
INSTITUTIONAL
11.7
This Zone shall be known as
P-7 - GENERAL INSTITUTIONAL/OFFICE USE
(Bylaw 4036 - May 25/99) (Bylaw 4305 - Apr 24/06)
11.7.1
Principal Uses Permitted
11.7.1.(1)
A general institutional use (Bylaw 4305 - Apr 24/06)
11.7.1.(2)
(Repealed - Bylaw 4428 - Sept 29/08)
11.7.1.(3)
(Repealed - Bylaw 4305 - Apr 24/06)
11.7.2
Secondary Uses Permitted (notwithstanding Section 5.1.1.(16))
11.7.2.(1)
Limited office use.
11.7.2.(2)
Outdoor produce market use. (Bylaw 4428 - Sept 29/08)
11.7.3
Accessory Uses Permitted and Required
11.7.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
11.7.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
11.7.4
Regulations Respecting Use
11.7.4.(1)
In respect of an outdoor produce market use:
11.7.4.(1)(a)
no furniture, shelving, stand, crate, bin, container, barrow, cart or vehicle in, on or from
which produce is sold, displayed, kept or stored may be:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of land in an
R or RM zone; or
(ii)
kept or stored outside of a building except during the period of the actual outdoor
retail sale of produce extended by 1 hour of set-up and take-down time on each side
of that period;
11.7.4.(1)(b)
the total area of table-tops, counter-tops and all other surfaces devoted to the display of
produce, including without limitation the horizontal area of bins, crates, barrels and other
containers, outside of a building on a parcel may not exceed 15 sq. m (161 s.f.); and
11.7.4.(1)(c)
the outdoor produce market use shall be limited to a maximum of 1 day in any week, the
duration of which on that day may not exceed 5 hours.
11.7.4.(2)
Section 11.1.4.(3) applies, with the necessary changes, in respect of an outdoor produce
market use on land the fee of which is in the Corporation. (Bylaw 4428 - Sept 29/08)
Oak Bay Zoning Bylaw
[154]
INSTITUTIONAL
11.7.5
Regulations for Buildings and Structures
11.7.5.(1)
Buildings and structures shall not exceed a combined lot coverage of more than
thirty percent (30%).
11.7.5.(2)
Buildings and structures shall be set back not less than 7.62 m (25 feet) from every
lot line.
11.7.5.(3)
Buildings and structures shall not exceed a combined floor area of 1.0 to 1.
11.7.5.(4)
Buildings and structures shall not exceed a height of 14 m (46 feet)
Oak Bay Zoning Bylaw
[155]
INSTITUTIONAL
11.8
This Zone shall be known as
P-8 - GENERAL INSTITUTIONAL USE-RECREATION CENTRE
(Bylaw 4147 - Mar 25/02) (Bylaw 4305 - Apr 24/06)
11.8.1
Principal Uses Permitted
11.8.1.(1)
A general institutional use (Bylaw 4305 - Apr 24/06)
11.8.1.(2)
(Repealed - Bylaw 4305 - Apr 24/06)
11.8.2
Secondary Uses Permitted (notwithstanding Section 5.1.1.(16))
11.8.2.(1)
Service business use.
11.8.2.(2)
Restaurant use.
11.8.2.(3)
Retail use.
11.8.2.(4)
Lounge use. (Bylaw 4195 - Sept 8/03)
11.8.3
Accessory Uses Permitted and Required
11.8.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
11.8.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
11.8.4
Regulations Respecting Use
11.8.4.(1)
Despite the definition of "retail use," the retail sale of produce is permitted outside of a
building provided that:
(a)
no furniture, shelving, stand, crate, bin, container, barrow, cart or vehicle in, on or
from which produce is sold, displayed, kept or stored is:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of land in an
R or RM zone; or
(ii)
kept or stored outside of a building except during the period of the actual
outdoor retail sale of produce extended by 1 hour of set-up and take-down time
on each side of that period;
(b)
the total area of table-tops, counter-tops and all other surfaces devoted to the display
of produce, including without limitation the horizontal area of bins, crates, barrels
and other containers, outside of a building on a parcel does not exceed 15 sq. m (161
s.f.); and
(c)
the retail sale of produce outside of a building is limited to a maximum of 1 day in
any week, the duration of which on that day may not exceed 5 hours.
Oak Bay Zoning Bylaw
[156]
INSTITUTIONAL
11.8.4.(2)
Section 11.1.4.(3) applies, with the necessary changes, in respect of an outdoor produce
market use on land the fee of which is in the Corporation. (Bylaw 4428 - Sept 29/08)
11.8.5
Regulations for Buildings and Structures
11.8.5.(1)
Buildings and structures shall not exceed a combined lot coverage of more than
fifty percent (50%).
11.8.5.(2)
Buildings and structures shall be set back not less than 4.57 m (15 feet) from every
lot line.
11.8.5.(3)
Buildings and structures shall not exceed a combined floor area ratio of 1.0.
11.8.5.(4)
Buildings and structures shall not exceed a height of 14 m (46 feet).
Oak Bay Zoning Bylaw
[157]
INSTITUTIONAL
11.9
This Zone shall be known as
P-9 - NEIGHBOURHOOD GENERAL INSTITUTIONAL USE
(Bylaw 4235 - Sept 27/04) (Bylaw 4305 - Apr 24/06)
11.9.1
Principal Uses Permitted
11.9.1.(1)
General institutional use. (Bylaw 4305 - Apr 24/06)
11.9.1.(2)
(Repealed - Bylaw 4305 - Apr 24/06)
11.9.2
Secondary Uses Permitted
11.9.2.(1)
Outdoor produce market use, notwithstanding Section 5.1.1.(16).
(Bylaw 4428 - Sept 29/08)
11.9.3
Accessory Uses Permitted and Required
11.9.3.(1)
An accessory off-street parking use as required by the Parking Facilities Bylaw.
11.9.3.(2)
An accessory off-street loading use as required by the Parking Facilities Bylaw.
11.9.4
Regulations Respecting Use
11.9.4.(1)
In respect of a college or university use, all uses other than the instruction of students in a
classroom or laboratory environment shall be deemed secondary uses and are not permitted
except in conjunction with that principal use, provided however that no form of housing or
residential use of any kind whether permanent or transient is permitted either in isolation
or in conjunction with a principal permitted use.
11.9.4.(2)
Any area of land developed, marked out or used for surface parking shall be set back not
less than 2.0 m (6.6 feet) from any lot line except for a lot line or portion thereof abutting
a street or lane, in which case the minimum parking area setback shall be not less than
3.0 m (9.8 feet).
11.9.4.(3)
Not more than 7.5% of the area of any parcel may be surfaced with asphalt, concrete, brick,
gravel or other hard material.
11.9.4.(4)
Any area of land developed, marked out or used as an internal roadway shall be set back
not less than 7.62 m (25 feet) from any lot line except for a lot line or portion thereof
abutting a street or lane.
11.9.4.(5)
In respect of an outdoor produce market use:
(a)
no furniture, shelving, stand, crate, container, barrow, cart or vehicle in, on or from
which produce is sold, displayed, kept or stored may be:
(i)
located closer than 7.62 m (25 ft) to a lot line abutting a parcel of land in an R
or RM zone; or
(ii) kept or stored outside of a building except during the period of the actual
outdoor retail sale of produce extended by 1 hour of set-up and take-down time
on each side of that period;
Oak Bay Zoning Bylaw
[158]
INSTITUTIONAL
(b)
the total area of table-tops, counter-tops and all other surfaces devoted to the display
of produce, including without limitation the horizontal area of bins, crates, barrels
and other containers, outside of a building on a parcel may not exceed 15 sq. m (161
s.f.); and
(c)
the outdoor produce market use shall be limited to a maximum of 1 day in any week,
the duration of which on that day may not exceed 5 hours.
11.9.4.(6)
Section 11.1.4.(3) applies, with the necessary changes, in respect of an outdoor produce
market use on land the fee of which is in the Corporation. (Bylaw 4428 - Sept 29/08)
11.9.5
Regulations for Building and Structures
11.9.5.(1)
On any parcel, the combined lot coverage of all buildings and structures shall not
exceed 10%.
11.9.5.(2)
(Removed - Bylaw 4871 - Jun 24/24)
11.9.5.(3)
No building shall have a building height in excess of 7.6 m (24.9 feet).
11.9.5.(4)
No structure other than a chain-link backstop or vertical goal posts ancillary to a playing
field use, or a utility pole, shall have a height in excess of 3 m (9.8 feet).
11.9.5.(5)
Except for a fence, utility pole or regulatory sign, no structure shall be erected, constructed
or placed within 7.62 m (25 feet) from any lot line.
11.9.5.(6)
No building or part thereof shall be erected, constructed or placed within 15 m (49.2 feet)
from any lot line, save that in respect of a parcel for which the application of this minimum
building setback requirement leaves no building envelope, and provided that the building
height does not exceed 4.25 metres (13.9 feet), the following minimum allowable setbacks
shall apply:
11.9.5.(6)(a)
Front lot line:
7.62 m (25 feet)
11.9.5.(6)(b)
Rear lot line:
7.62 m (25 feet)
11.9.5.(6)(c)
Interior side lot line:
6.0 m (19.7 feet)
11.9.5.(6)(d)
Exterior side lot line:
6.0 m (19.7 feet)
11.9.5.(7)
A clear space of not less than 4.5 m (14.8 feet) shall be provided between buildings.
Oak Bay Zoning Bylaw
[159]
READ a first time by the Municipal Council on July 14, 1986
READ a second time by the Municipal Council on July 14, 1986
READ a third time by the Municipal Council on September 8, 1986
PUBLIC HEARING held on September 8, 1986
RECONSIDERED, ADOPTED AND FINALLY PASSED by the Municipal Council on
September 22, 1986
Mayor
Municipal Clerk
Sealed with the Seal of
The Corporation of the
District of Oak Bay
Oak Bay Zoning Bylaw
[160]
SCHEDULE A
SCHEDULE "A"
MINIMUM LOT AREAS, LOT FRONTAGES AND WIDTHS
Zone
Minimum Lot Area
Minimum Lot Frontage
and Lot Width
Residential
(R-1)
4047.00 sq. m (43,562.97 s.f.)
30.50 m (100 feet)
Residential
(R-2)
2226.00 sq. m (23,958.00 s.f.)
30.50 m (100 feet)
Residential
(R-3)
1115.00 sq. m (12,002.15 s.f.)
21.34 m (70 feet)
Residential
(R-4)
948.00 sq. m (10,204.52 s.f.)
21.34 m (70 feet)
Residential
(R-5)
558.00 sq. m (6,006.45 s.f.)
15.25 m (50 feet)
Comprehensive Development Use - Waterfront Hotel Complex
(Bylaw 4320 - Jun 11/07)
(CD-1)
N/A
N/A
Comprehensive Development Use - Bowker Village (Bylaw 4680 - May 8/17)
(CD-3)
See 7.3.4(1)
See 7.3.4(1)
Comprehensive Development Zone - 2326 Oak Bay Avenue (Bylaw 4847 - Feb 26/24)
Comprehensive Development Zone - 291 King George Terrace (Bylaw 4878 - July 29,
2024)
Comprehensive Development Zone - 2101 Sutherland Road (Bylaw 4897 - January 27,
2025)
Comprehensive Development Zone - 57 Beach Drive (Bylaw 4905 May 5, 2025)
Comprehensive Development Zone
Low Density Multiple Dwellings
(CD-4)
(CD-5)
(CD-6)
(CD-7)
(CD-10)
(RM-1LD)
See 7.4.4(2)
See 7.5
See 7.6
See 7.7
See 7.10
1950.00 sq. m (20,990.00 s.f.)
See 7.4.4(2)
See 7.5
See 7.6
See 7.7
See 7.10
21.34 m (70 feet)
Medium Density Multiple Dwellings
(RM-1MD)
1950.00 sq. m (20,990.00 s.f.)
21.34 m (70 feet)
High Density Multiple Dwellings (Bylaw 4201- Feb 23/04)
(RM-1HD)
1390.00 sq. m (14,962.00 s.f.)
21.34 m (70 feet)
Two-Storey Multiple Dwellings
(RM-2)
1600.00 sq. m (17,223.00 s.f.)
21.34 m (70 feet)
Three-Storey Multiple Dwellings
(RM-3)
2000.00 sq. m (21,528.00 s.f.)
21.34 m (70 feet)
High Density Three-Storey Multiple Dwellings (Bylaw 4606 - May 12/14)
(RM-3HD)
1116.00 sq. m (12,012 s.f.)
21.34 m (70 feet)
Four-Storey Multiple Dwellings
(RM-4)
3000.00 sq. m (32,293.00 s.f.)
21.34 m (70 feet)
Eight-Storey Multiple Dwellings
(RM-8)
12000.00 sq. m (129,171.00 s.f.)
21.34 m (70 feet)
Multiple Dwelling/Commercial Mixed Use
(RM-MC1)
1116.00 sq.m (12,013 s.f.)
21.34 m (70 feet)
Multiple Dwelling/Commercial Mixed Use-Four Storey
(RM-MC4)
3902.00 sq.m (42,000 s.f.)
30.48 m (100 feet)
Multiple Dwelling Supportive Housing Use - Seven Storey (Bylaw 4256 - Apr 25/05)
(RMS-7)
7000.00 sq. m (75,348 s.f.)
30.48 m (100 feet)
Local Commercial
(C-1)
558.00 sq. m (6,006.45 s.f.)
15.25 m (50 feet)
Commercial
(C-2)
558.00 sq. m (6,006.45 s.f.)
N/A
Village Commercial
(C-3)
558.00 sq. m (6,006.45 s.f.)
N/A
Local Commercial/Neighbourhood Deli
(C-4)
558.00 sq. m (6,006.45 s.f.)
15.25 m (50 feet)
Local Commercial/Neighbourhood Deli (Bylaw 4386 - Dec 17/07)
(C-5)
558.00 sq. m (6,006.45 s.f.)
15.25 m (50 feet)
Service Station Commercial
(CS-1)
1115.00 sq. m (12,002.15 s.f.)
21.34 m (70 feet)
Marine Commercial
(CS-2)
N/A
N/A
General Institutional
(P -1)
N/A
N/A
Special Institutional
(P -2)
2000.00 sq. m (21,528.00 s.f.)
21.34 m (70 feet)
Commercial Recreation
(P -3)
SEE SECTION 11.3
21.34 m (70 feet)
Sea Zone
(P -4)
N/A
N/A
Oak Bay Zoning Bylaw
[161]
SCHEDULE A
Cemetery Use Zone (Bylaw 3675 - Apr 22/91)
(P -5)
16000.00 sq. m(172,160.00 s.f.)
N/A
General Institutional/Residential
(P-6)
N/A
N/A
General Institutional/Office (Bylaw 4036 - May 25/99)
(P-7)
N/A
N/A
General Institutional-Recreation Centre (Bylaw 4147 - Mar 25/02)
(P-8)
N/A
N/A
Neighbourhood General Institutional (Bylaw 4235 - Sept 27/04)
(P-9)
N/A
N/A
Oak Bay Zoning Bylaw
[162]
SCHEDULE "B"
(Bylaw 3643 - May 28/90) (Bylaw 4648 - Jun 22/15) (Bylaw 4871 - Jun 24/24)
HEIGHT REGULATIONS FOR ALL R ZONES (PRINCIPAL BUILDING)
LOT BREADTH
Greater than or
Equal to
Less Than
Maximum
Roof Height
Maximum
Building Height
21.34 m (70.0')
-
9.14 m (30.0')
7.32 m (24.0')
18.29 m (60.0')
21.34 m (70.0')
8.84 m (29.0')
7.07 m (23.2')
15.24 m (50.0')
18.29 m (60.0')
8.53 m (28.0')
6.83 m (22.4')
9.14 m (30.0')
15.24 m (50.0')
56% of
Lot Breadth
44.8% of
Lot Breadth
-
9.14 m (30.0')
5.12 m (16.8')
4.10 m (13.4')
HEIGHT REGULATlONS FOR R-4 AND R-5 ZONES
SINGLE STOREY ONLY (PRINCIPAL BUILDING)
LOT BREADTH
Greater than or
Equal to
Less Than
Maximum
Roof Height
Maximum
Building Height
21.34 m (70.0')
-
6.10 m (20.0')
4.27 m (14.0')
18.29 m (60.0')
21.34 m (70.0')
5.94 m (19.5')
4.12 m (13.5')
15.24 m (50.0')
18.29 m (60.0')
5.79 m (19.0')
3.96 m (13.0')
9.14 m (30.0')
15.24 m (50.0')
5.64 m (18.5')
3.81 m (12.5')
-
9.14 m (30.0')
5.49 m (18.0')
3.66 m (12.0')
SCHEDULE B
Oak Bay Zoning Bylaw
[163]
SCHEDULE "B"
(Bylaw 4572-Nov 13, 2012)
SCHEDULE B
Oak Bay Zoning Bylaw
[164]
SCHEDULE "C"
(Bylaw 4068 - Mar 13/00)
(Bylaw 4984 - July 14, 2025)
THE UPLANDS INTERIOR SIDE LOT LINE SETBACKS AND
TOTAL OF SIDE LOT LINE SETBACKS
LOT BREADTH
Greater than
Less than or
Equal to
Minimum
interior side lot
line setbacks
Minimum Total
of side lot line
setbacks
33.5 m
(110.00')
------
4.6 m
(15.0')
12.2 m
(40.0')
30.5 m
(100.0')
33.5 m
(110.0')
4.3 m
(14.0')
11.0 m
(36.0')
27.4 m
(90.0')
30.5 m
(100.0')
4.0 m m
(13.0')
9.8 m
(32.0')
24.4 m
(80.0')
27.4 m
(90.0')
3.7 m
(12.0')
8.5 m
(28.0')
-------
24.4 m
(80.0')
3.0 m
(10.0')
6.0 m
(20.0')
SCHEDULE C
Oak Bay Zoning Bylaw
[165]
SCHEDULE "C"
(Bylaw 4572 - Nov 13, 2012)
SCHEDULE C
Oak Bay Zoning Bylaw
[166]
SCHEDULE D
SCHEDULE "D"
(Bylaw 4474 - Jul 20, 2009)
Oak Bay Zoning Bylaw
[167]
SCHEDULE "E"
(Bylaw 4871 - Jun 24/24)
Zoning Map
SCHEDULE E
Oak Bay Zoning Bylaw
[168]
SCHEDULE "F"
(Bylaw 4894 - July 14, 2025)
Heritage Designated Properties designated prior to November 30, 2023
Civic Address
Legal Description PID
Heritage
Designation
Bylaw Number
Date
Designated
2564 Heron
Street
AMENDED LOT
26 (DD 225937I),
BLOCK 9,
SECTION 2,
VICTORIA
DISTRICT, PLAN
379
009-106-073
3007
June 28, 1974
1512 Beach
Drive
LOT 25 SECTION
69 VICTORIA
PLAN VIP396
STENNER HOUSE
000-414-174
3177
December 16,
1976
915 Island
Road
LOT 1 SECTION
72 VICTORIA
PLAN VIP16476
PARSON'S
HOUSE
004-038-711
3208
May 25, 1977
2031
Runnymede
Avenue/855
Runnymede
Place
LOT 2 PLAN
EPP105661
SECTION 47
VICTORIA
031-660-428
3343
November 10,
1980
931 Foul Bay
Road
LOT 1 SECTION
23 VICTORIA
PLAN VIP6075
KILDONAN
HOUSE
005-915-139
3560
May 24, 1987
1701 Beach
Drive
LOT A SECTION
69 VICTORIA
PLAN VIP11836
EXEMPT SEC 398
(K) M A
IECHINIHL
004-889-061
3641
April 23,1990
2087 Byron
Street
LOT 14 BLOCK 2
SECTION 69
VICTORIA PLAN
VIP298
009-170-308
3739
March 8,1993
1255 Victoria
Avenue
LOT 2 BLOCK 1
SECTION 23
VICTORIA PLAN
VIP1091 LOT 1,
BLOCK 1, PLAN
1091, SECTION
008-034-231
3778
October 12,
1993
SCHEDULE F
Oak Bay Zoning Bylaw
[169]
23, VICTORIA
LAND DISTRICT
2414 San
Carlos Place
LOT 2 SECTION
69 VICTORIA
PLAN EPP63076
029-867-487
3785
December 20,
1993
2408 San
Carlos Place
LOT 2 SECTION
61 VICTORIA
PLAN VIP3400 &
SEC 69
006-195-792
3786
December 20,
1993
2402 San
Carlos Place
LOT 3 SECTION
61 VICTORIA
PLAN VIP3400 &
SEC 69
006-195-814
3787
December 20,
1993
2396 San
Carlos Place
LOT 4 SECTION
61 VICTORIA
PLAN VIP3400 &
SEC 69
006-195-822
3788
December 20,
1993
2390 San
Carlos Place
LOT 5 SECTION
61 VICTORIA
PLAN VIP3400 &
SEC 69
006-195-849
3789
December 20,
1993
2753
Cavendish
Avenue
LOT 36 SECTION
61 VICTORIA
PLAN VIP874
000-133-892
3846
April 24, 1995
2138 Central
Avenue
LOT AM3
SECTION 22
VICTORIA PLAN
VIP1187
002-734-508
3919
November 12,
1996
1344 Victoria
Avenue
LOT 14 SECTION
23 VICTORIA
PLAN VIP372A
LOT 13, PLAN
372A, SECTION
23, VICTORIA
LAND DISTRICT
009-154-086
3925
February
10,1997
1587-1595
York Place
LOT 1 SECTION
69 VICTORIA
PLAN
VIPVIP10717
AMENDED LOT 1
(DD 272887I)
005-338-280
3940
June 9, 1997
1590 Beach
Drive
LOT 30 SECTION
69 VICTORIA
PLAN VIPVIP396
EXCEPT PLAN 71
BL, AMENDED
LOT 30 (DD
47657I), EXCEPT
009-083-103
4182
April 28, 2003
SCHEDULE F
Oak Bay Zoning Bylaw
[170]
PART
CONTAINING 93
SQ FT SHOWN
COLOURED RED
ON PL 71 BL, LOT
41, PLAN VIP396,
SECTION 69,
VICTORIA LAND
DISTRICT
2483
Cranmore
Road
LOT 2 BLOCK 1
SECTION 61
VICTORIA PLAN
VIP1029A
008-086-591
4192
May 26, 2003
1052 Newport
Avenue
LOT 10 BLOCK G
SECTION 23
VICTORIA PLAN
VIP1212 LOT 9,
BLOCK G, PLAN
VIP1212,
SECTION 23,
VICTORIA LAND
DISTRICT, OAK
BAY GUEST
HOUSE
007-825-528
4266
April 25, 2005
1538 Beach
Drive
LOT 27 SECTION
69 VICTORIA
PLAN VIP396
009-083-481
4308
April 24, 2006
2050
Edgecliffe
Place
LOT A VICTORIA
PLAN VIS6302
SECTION 23 & 68
027-104-893
4402
March 10,
2008
1936
Hampshire
Road
LOT A SECTION
61 VICTORIA
PLAN EPP31402
029-098-262
4481
October 13,
2009
929 Island
Road
LOT 3 SECTION
22 VICTORIA
PLAN VIPVIP74F
PARCEL B, PCL B
(DD 406971) OF
LOT 3, EXCEPT
PART IN L 16476
009-323-881
4482
October 13,
2009
1265 Roslyn
Road
LOT 3 BLOCK 2
SECTION 23
VICTORIA PLAN
VIPVIP1091
008-034-427
4576
May 13, 2013
2470 Bowker
Avenue
LOT 11 SECTION
61 VICTORIA
PLAN VIP874
008-308-098
4635
April 13, 2015
1220 Transit
LOT 3 SECTION
008-080-143
4636
April 13, 2015
SCHEDULE F
Oak Bay Zoning Bylaw
[171]
Road
23 VICTORIA
PLAN VIP1035
LOT 4, PLAN
VIP1035,
SECTION 23,
VICTORIA LAND
DISTRICT
1329 St.
Patrick Street
LOT 6 SECTION
23 VICTORIA
PLAN VIP878 W
70 FT OF
008-194-076
4667
September 19,
2016
1605 York
Place
LOT A SECTION
69 VICTORIA
PLAN EPP83532
030-611-954
4682
December 11,
2017
2608
Cavendish
Avenue
LOT 64 SECTION
61 VICTORIA
PLAN VIP874
008-309-655
4695
September 11,
2017
638/644 Beach
Drive
STRATA LOT 1,
PLAN EPS4980,
SECTION 73,
VICTORIA LAND
DISTRICT,
TOGETHER WITH
AN INTEREST IN
THE COMMON
PROPERTY IN
PROPORTION TO
THE UNIT
ENTITLEMENT OF
THE STRATA LOT
AS SHOWN ON
FORM V
030-632-510
4697
February 13,
2018
799 Linkleas
Avenue
LOT 44, BLOCK 2,
PLAN VIP992,
SECTION 73,
VICTORIA LAND
DISTRICT,
AMENDED, (DD
140924I)
001-895-150
4706
March 12,
2018
1208 Oliver
Street
PARCEL A PLAN
VIP1007
SECTION 23
VICTORIA (BEING
A
CONSOLIDATION
OF LOTS 12 AND
13, SEE
CA9366288)
031-512-500
4707
March 12,
2018
SCHEDULE F
Oak Bay Zoning Bylaw
[172]
1526 Beach
Drive
LOT 26 SECTION
69 VICTORIA
PLAN VIP396
003-866-939
4708
March 12,
2018
1416 St. David
Street
LOT 3 SECTION
23 VICTORIA
PLAN VIP4491
005-089-620
4731
July 15, 2019
1391 Oliver St
LOT A SECTION
23 VICTORIA
PLAN 24794
002-826-127
4819
January 22,
2023
2176 Windsor
Road
LOT 2 SECTION
23 VICTORIA
PLAN EPP48583
029-581-176
4625
September 29,
2014
SCHEDULE F