Vancouver Development Cost Levy By-law No. 9755 (consolidated to July 22, 2025) — full text, Vancouver, British Columbia

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CITY OF VANCOUVER BRITISH COLUMBIA AT taped > VANCOUVER DEVELOPMENT COST LEVY BY-LAW NO. 9755 This By-law is printed under and by authority of the Council of the City of Vancouver (Consolidated for convenience only to July 22, 2025) TABLE OF CONTENTS PREAMBLE SECTION 1 INTERPRETATION 1.1 Name of By-law 1.2 Definitions 1.3 Table of contents 1.4 Schedules 1.5 Severability SECTION 2 LEVY AREA AND PROJECTS 2.1 Levy area 2.2 Projects SECTION 3 DEVELOPMENT COST LEVIES 3.1 Imposition of levies 3.1A Waiver for for-profit affordable rental housing 3.1B Administration of waiver 3.2 General area levy 3.3 Application of levy to less than four dwelling units 3.4 Alteration or extension of existing building or structure 3.5 Staged development 3.6 Staged building permit 3.7 Aggregate levy 3.8 Micro-dwellings 3.9 Change in use of excluded floor area 3.10 Change in use of excluded land or development 3.12 Payment of levy by installments SECTION 4 REPEAL AND ENACTMENT 4.1 Repeal 4.2 Force and effect SCHEDULES Schedule A - Part 1 - Part 2 - Part 3 Schedules C Appendix A BY-LAW NO. 9755 A By-law to impose development cost levies in the general area of the city [Consolidated for convenience including By-law No. 14415 effective September 30, 2025] PREAMBLE Council is satisfied that the amounts raised by levies imposed by this By-law in the general area are unlikely to exceed the estimated costs of projects for the general area. Council has determined that imposing levies in the amounts set out in this By-law in the general area to contribute to the costs of projects for the general area are fair and equitable. Council is excluding those areas of land described in Part 1 of Schedule A from this By-law because Council has previously determined that development anticipated in those areas will contribute to the need to provide capital projects, and has previously imposed development cost levies with respect to those areas. Council is excluding those areas of land described in Parts 2 and 3 of Schedule A from this By- law because Council has previously determined that development anticipated in those areas will contribute to the need to provide capital projects, and has previously provided for them by way of official development plans, comprehensive district rezoning, alternate funding arrangements, or other appropriate measures. THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows: SECTION 1 INTERPRETATION Name of By-law 1.1 The name of this By-law, for citation, is the "Vancouver Development Cost Levy By-law". Definitions 1.2 In this By-law: "Alteration" means any physical change to a building or structure that includes significant retention of primary structural elements, but does not include demolition and replacement of the structure, or fagade-only retention without significant retention of other primary 2 structural elements; "Artist Studio - Class A", which means the use of premises for the production of dance, live music, creative writing, painting, drawings, pottery or sculpture, video, moving or still photography, none of which involves amplified sound or one or more of the materials or processes specified under Artist Studio - Class B, but does not include premises used for residential purposes; "Artist Studio - Class B", which means the use of premises for the production of (a) dance or live music involving electronically amplified sound, (b) moving or still photography (excluding video) involving on-site film processing, (c) paintings, drawings, pottery or sculpture involving the use of fibreglass, epoxy and other toxic or hazardous materials or one or more of the following processes: welding, woodworking, spray painting, silk screening or fired ceramics, but does not include premises used for residential purposes; "building permit" means a building permit issued under the Building By-law; "child care" means the use of premises operated as a community care facility by one or more persons licensed under the Community Care and Assisted Living Act of British Columbia, as amended or replaced from time to time, on a not for profit basis, for "group child care", "preschool", multi-age child care in accordance with Child Care Licensing Regulation B.C. Reg. No. 332/2007, as amended or replaced from time to time, and may include the use of flexible space operated for child services as determined by the Director of Social Planning for the city but excludes premises operated for "family child care"; "Community Centre /Neighbourhood House" means a community centre /neighbourhood house generally accessible to the public and no smaller than 50 square meters in floor area; "Community Energy Centre" means the use of premises as an energy supply facility that provides heat energy in the form of hot water to buildings across different parcels through a distribution system; "Cultural Facility' means the use of premises for delivering arts and culture programs and services, including Artist Studio (Class A and B), gallery, halls, museum or archives, theatre limited to live theatre, production or rehearsal studio limited to the rehearsal of dance, music or drama, and necessary and customarily incidental uses to support the primary use of the Cultural Facility; "development" means any construction, alteration, or extension of all or part of a building or structure that requires issuance of a building permit, and includes a surface parking lot but excludes repair or renovation work, being repair or renovation of a building or structure that does not increase the floor area of that building or structure; "floor area" means the floor area of a development set out in the development permit that applies at the time of entitlement to delivery of the building permit authorizing the development; 3 "floor space ratio" (FSR) means the figure obtained when the area of the floors of the buildings on a site is divided by the area of the site in accordance with the Zoning and Development By-law; "for-profit affordable rental housing" means a new building containing multiple dwelling units, which meets the requirements of section 3.1A to be for-profit affordable rental housing, but does not include alterations of or extensions to those dwelling units; "general area" means all land within the boundaries of the city as described in Schedule A Part 1, except for those areas of land described in Schedule A Parts 2 and 3; "industrial" means: (a) any zoning district designated as "Industrial" by section 9.1 of the Zoning and Development By-law, and includes the following zones: I-2, M-1, M-1A, M-1B, M-2 zoning districts; (b) the land zoned by CD-1 By-law No. 6654 with respect only to those uses that the by-law permitted on the date of its enactment; and (c) for all other zones involving industrial uses including MC-1, MC-2, and IC- 3, DCLs to be applied based on land use category where industrial means any manufacturing use, transportation and storage use, and wholesale use as defined in the Zoning and Development By-law; "laneway house" has the meaning ascribed to it by section 2 of the Zoning and Development By-law; "levy" means development cost levy; "library" means a library generally accessible to the public and no smaller than 50 square meters in floor space; "micro dwelling" means a micro dwelling as defined in the Zoning and Development By- law; "mixed-employment (light industrial)" means the following zones: IC-1, IC-2, I-1, I-3, I-4, I- 1A, I-1B and I-1C zoning districts, the land zoned as CD-1 (803) By-law 13257 with respect only to those uses that the CD-1 by-law permitted on January 25, 2022, and the land zoned as CD-1 (816) By-law 13352 with respect only to those uses that the CD-1 by-law permitted on June 7, 2022; "prime rate" means the floating annual percentage rate of interest established from time to time by the Bank of Montreal, 595 Burrard Street, Vancouver, British Columbia as the base rate that the Bank uses to determine rates of interest charged by it for Canadian dollar loans to customers in Canada and designated by the Bank of Montreal as the prime rate; "project" means any capital project described in section 2.2 and Schedule C; 4 "Public Authority Use" means a Public Authority use limited to Police Station or Fire Hall; "replacement housing" has the meaning given to it in section 523D(2.2) of the Vancouver Charter; "school" means an institution of learning regularly giving instruction to children that is either: (a) under the jurisdiction of The Board of School Trustees of School District No. 39 (Vancouver) constituted under the School Act, or (b) accepted by the Ministry of Education of the Province of British Columbia, or its successor in function, as providing instruction equivalent to that furnished in the schools referred to in subparagraph (a) above; "social housing", for the purposes of section 523D(10)(d) of the Vancouver Charter, means rental housing: (a) in which at least 30% of the dwelling units are occupied by households with incomes below housing income limits, as set out in the current "Housing Income Limits" table published by the British Columbia Housing Management Commission, or equivalent publication; (b) which is owned by a non-profit corporation, by a non-profit co-operative association, or by or on behalf of the city, the Province of British Columbia, or Canada; and (c) in respect of which the registered owner or ground lessee of the freehold or leasehold title to the land on which the housing is situate has granted to the city a section 219 covenant, housing agreement, or other security for the housing commitments required by the city, registered against the freehold or leasehold title, with such priority of registration as the city may require; except that in the HA-2 district; in the area of the FC-1 district located north of National Avenue; in the area of the M-1, I-2, RT-3 and RM-3A districts located north of Venables Street, Malkin Avenue and Prior Street, south of Hastings Street, east of Gore Avenue and west of Clark Drive; in the Downtown-Eastside Oppenheimer district; and in the area of the Downtown district denoted as C2 on Map 1 of the Downtown Official Development Plan; social housing means rental housing: (d) in which at least one third of the dwelling units are occupied by persons eligible for either Income Assistance or a combination of basic Old Age Security pension and Guaranteed Income Supplement and are rented at rates no higher than the shelter component of Income Assistance; (e) which is owned by a non-profit corporation, by a non-profit co-operative association, or by or on behalf of the city, the Province of British Columbia, 5 or Canada; and (f) in respect of which the registered owner or ground lessee of the freehold or leasehold title to the land on which the housing is situate has granted to the city a section 219 covenant, housing agreement, or other security for the housing commitments required by the city, registered against the freehold or leasehold title, with such priority of registration as the city may require. "social service centre" means the use of premises by a non-profit society: (a) providing information, referral, counselling, advocacy or health care services; or (b) dispensing aid in the nature of food or clothing; or (c) providing drop in or activity space, but does not include premises used for residential purposes or detoxification centre; "surface parking lot" means a parking lot established on the surface of land that has no portion of a building or structure above or below it; "temporary building" means a temporary building, structure, or shelter erected for a period not exceeding twelve months for which a building permit is necessary under the Building By-law; "works yard" means the use of a partially enclosed building, or a portion thereof, for the storing, repairing, or cleaning of supplies, materials, equipment, or vehicles of any business which conducts construction, installation, cleaning, repair or other industrial trade services off-site; and "works yard for public bus transportation" means the use of land or a building, or a portion thereof, for storing, maintaining, repairing, or cleaning equipment or vehicles that are used off-site for the purposes of mass transportation of the public on public roads. Table of contents 1.3 The table of contents for this By-law is for convenient reference only, and is not for assistance in interpreting or enforcing this By-law. Schedules 1.4 The schedules attached to this By-law form part of this By-law. Severability 1.5 A decision by a court that any part of this By-law is illegal, void, or unenforceable severs that part from this By-law and is not to affect the balance of this By-law. 6 SECTION 2 LEVY AREA Levy area 2.1 Council designates that the general area is subject to imposition of a levy under this By- law. 2.2 Development cost levies are imposed under this by-law for the purpose of providing funds to assist the City in paying the capital cost of providing, constructing, altering, or expanding highway facilities, replacement housing, childcare, and providing and improving parkland. SECTION 3 DEVELOPMENT COST LEVIES Imposition of levies 3.1 Subject to this By-law, Council imposes, on every person entitled to delivery of a building permit authorizing development in the general area, the levies set out in Schedule C. Waiver or reduction for for-profit-affordable housing 3.1A Notwithstanding section 3.1, Council waives or reduces the levy otherwise required under Schedule C by the rates set out herein for the construction of for-profit affordable rental housing, which shall mean housing where: (a) all dwelling units in the building are rental units; (b) no dwelling units are strata units; (c) DELETED (d) At least 20% of the residential floor area that is counted in the calculation of the floor space ratio consists of units with average rents per unit type at initial occupancy and upon a change in tenancy of a unit that do not exceed a rate that is at least 10% less than the average rents for studio units, one bedroom units, two bedroom units and units with three or more bedrooms in the city, as published by the Canada Mortgage and Housing Corporation in the Rental Market Survey Data Tables in the previous calendar year, or where instead of complying with (d); (e) agreed upon average rents per unit type for initial occupancy do not exceed the average rents for studio units, one bedroom units, two bedroom units and units with three or more bedrooms built in the City since 2005, as published by the Canada Mortgage and Housing Corporation in the Rental Market Survey Data Tables in the previous calendar year, except that such rents may be 10% higher than the rents otherwise stipulated under this section if the housing is located in the West Area as shown on the map attached to this By-law as Appendix "A", 7 and rents shall also be adjusted annually on January 1: (i) for all studio units, one bedroom units, two bedroom units and units with three or more bedrooms to reflect the change in average rents for studio units, one bedroom units, two bedroom units, and units with three or more bedrooms built in the City since 2005, as those rents are set out by the Canada Mortgage and Housing Corporation in the Rental Market Survey Data Tables published in the previous calendar year, or the most recently published data for the newest building age category for private rental apartment units published in the Canada Mortgage and Housing Corporation's Rental Market Survey Data Tables; or (ii) when the average rent data for any bedroom type is not reported in the Canada Mortgage and Housing Corporation's Rental Market Survey Data Tables, the change in average rents will reflect the average rents for the most recent building age category available in the Canada Mortgage and Housing Corporation's Housing Market Information Portal, as those rents are set out for the previous calendar year, (f) the owner of the property on which such housing is situated has registered against title to that property an instrument, in form and substance, and with priority of registration, satisfactory to the Director of Legal Services, ensuring the initial rents are in accordance with 3.1A (d) or 3.1A (e), and otherwise in compliance with this By-law, and restricting the tenure of such housing to rental for: (i) the longer of the life of the building in which they are situated and 60 years, or (ii) such other term to which the City and owner may agree; and (g) class A for-profit affordable rental housing shall mean housing in compliance with subsections (a), (b), (d) and (f), and class B for-profit affordable rental housing shall mean housing in compliance with subsections (a), (b), (e) and (f). Administration of waiver 3.1B The waiver under section 3.1A shall be administered as follows: (a) rents to be agreed upon at initial occupancy shall not exceed the average rents stipulated in section 3.1A and this By-law and for clarity, the rents to be charged may be lower than the rents stipulated by this By-law, but may not exceed the rents stipulated by this By-law; (b) if a new zoning by-law was required to authorize the development of the site, the rents to be agreed upon should be stipulated at the time of Council's approval in principle of any zoning by-law required to authorize the development of the site and included in the conditions of enactment of the zoning by-law approved by 8 Council following the public hearing, and if no new zoning by-law was required to authorize the development of the site, the rents to be agreed upon should be stipulated at the time the 'prior-to permit issuance' letter related to the development permit is issued; (c) notwithstanding sections 3.1B (a) and (b), if a new zoning by-law was required to authorize the development of the site and the tenure of the residential area of the building for which a waiver is being sought was not secured as rental housing as a condition of enactment, the rents to be agreed upon shall not exceed the rents at occupancy stipulated in section 3.1A and this By-law and do not need to be stipulated in accordance with 3.1B (b); (d) DELETED (e) any waiver of a development cost levy authorized under section 3.1A is to be calculated and determined at the time of issuance of a building permit authorizing construction of the building subject to the waiver; (f) a building that qualifies under section 3.1A for a development cost levy waiver shall not forfeit the waiver because other housing otherwise exempt from development costs levies under City by-laws or the Vancouver Charter is also located in the building; and (g) all units of all unit types must meet all the requirements in section 3.1A (a) and (b), all units of all unit types that comprise the 20% of residential floor area used to calculate 3.1A (c) must meet the rents specified in 3.1A (c), and all units, of all units types must be used to calculate the average rents specified in 3.1A (d), except that a building that contains studio units, one bedroom units and two bedroom units that meet all requirements in 3.1A (a),(b), and (d) qualifies for a waiver for all those units in each of those unit types on a pro rata basis even if the building contains units with three or more bedrooms that do not meet the requirements in section 3.1A (d), in which case none of the units with three or more bedrooms qualifies for the waiver. General area levy 3.2 Schedule C sets out the levies imposed under this By-law. Application of levy to less than four dwelling units 3.3. A levy is payable where a building permit authorizes the construction, alteration, or extension of a building that, after the construction, alteration, or extension, will: (a) contain less than four self-contained dwelling units; (b) be put to no other use other than residential use in those dwelling units; and (c) in the case of an alteration or extension, except for the alteration or extension of a garage into a laneway house, include an addition of 46.5 m? or more of floor area. 9 Alteration or extension of existing building or structure 3.4 If a development consists only of the alteration or extension of an existing building or structure to increase its floor area, except for the alteration or extension of a garage into a laneway house, the levy applies only to the additional floor area. Staged development 3.5 If a development takes place in stages authorized by separate building permits, a levy is payable, under section 3.2 with respect to each such building permit. Staged building permit 3.6 If a building permit is issued in stages, a levy is payable prior to issuance of the first building permit. Aggregate levy 3.7 If a development includes uses, or buildings or structures, to which different levies apply, the levy for the development is to be the aggregate of them. Micro dwellings 3.8 No levy is payable for micro dwelling units that measure no more than 29.7 m?, and are built in accordance with a building permit. Change in use of excluded floor area 3.9 If the conversion of space that is not floor area to a use that makes it floor area occurs Council deems such space to be floor area as at the date of issuance of the building permit authorizing its development. Change in use of excluded land or development 3.10 If the development or change of use of land or a building or structure, that is exempt from a levy, makes it subject to a levy, such levy is due and payable at the time of such development, alteration, or change of use. Payment of levy by installments 3.12 If the total of development cost levies imposed by the City exceeds $500,000, the payer may elect, prior to issuance of a full construction stage building permit, to pay the levy by installments in accordance with section 3.13. 3.13 If the payer elects to pay in installments, the payer shall pay: (a) not less than 1/3 of the total levy when issued a full construction stage building permit; 10 (b) not less than 1/3 of the total levy within one year of the full construction stage building permit issuance; and (c) the remainder of the total levy within 2 years of the full construction stage building permit issuance. 3.14 A payer electing to pay the levy by installments must deposit with the City at the same time as the payer pays the first installment: (a) a pay-on-demand surety bond issued by an approved insurer; or (b) an irrevocable and unconditional letter of credit from an approved financial institution, for the balance of the total levy owing at the time of payment, with the form of security determined by the City. The approved insurers, approved financial institutions, and form of security are all as determined by the City at the City's sole discretion. 3.15 Notwithstanding section 3.13, no levy may remain payable at the time of occupancy of any building subject to the development cost levy. 3.16 Failure to make any payment under sections 3.13, 3.14 or 3.15 results in the full remaining unpaid levy becoming due and payable, which amount, if it is not satisfied by the security posted, may be inserted in the real property tax roll as a charge imposed with respect to the parcel or parcels in relation to which the building permit was issued. 3.17 Annual interest of prime rate plus 1% shall be payable on any levy amount that is due and payable. SECTION 4 REPEAL AND ENACTMENT Repeal 4.1 Council repeals By-law No. 8149. Force and effect 4.2 This By-law is to come into force and take effect on the date of its enactment. ENACTED by Council this 25" day of November, 2008 Signed "Sam Sullivan" Mayor Signed "Marg Coulson" City Clerk [ Vancouver (City-Wide) DCL Boundary N Utilities (City-Wide) DCL Boundary Burrard Inlet English Bay (2 i Layered DCLs* AS ty " A False Creek Flats oR TI 5 hasrindssr, B. South East False Creek + SG im H --L eae Ir || | | . bject to Va DCL, Utilities DCL, = r soon 14) [NT LD LH ee a Areas Excluded from a OD) a aN i Se ORANDVIEW HAY. Vancouver (City-Wide) and GVRD rs Fe Utilities (City-Wide) DCL Areas facie | AKINGEDWARDAVE,___ai eI : piri a 'eI 3 } ya Park | iS ! 5 4 2oTH AVE. 2 5 | | ODP/CD-1s with Secured % Bl sano avel 8 Public Benefits: ' Fi [ d ie -- ; J <j & E 1. False Creek North ODP & ~ Es las 3 |) Zz L a > 2. Central Waterfront a E) é = 5 3 => Musqueaim 1.R. 4 49TH AVE., ISTTH AVE. | : | | SATH AVE. Nsom ave , 5,E, MARINER. 5 b~ j 0 1 2 SS . . Scale Kilometres Fraser River note: boundaries of highlighted areas area approximate and shown for illustrative purposes only. SCHEDULE A - PART 2 Those areas of land listed in Column 1, and designated or described, as at January 28, 2000, in the by-laws listed in Column 2 Cn Lands zoned CD (Comprehensive Development District) and By-law No. 6650 subject to the False Creek North Official Development Plan SCHEDULE A - PART 3 PID 024-041-238 Lot B PID 024-041-246 Lot C PID 024-041-254 Lot D Public Harbour of Burrard Inlet New Westminster District Plan LMP36518 SCHEDULE "C" Total Development Cost Unit/ Category/Use Levy (Effective September area cost 30, 2025) RESIDENTIAL Residential at or below 1.2 FSR 2 and Laneway House $62.35 Medium Density Residential 2 Above 1.2 to 1.5 FSR $134.17 Higher Density Residential 2 Industrial (I-2, M-1, M-1A, M-1B, M-2, MC-1, MC-2 $107.44 Per m? Zoning Districts) Mixed Employment (Light Industrial) (IC-1, IC-2, IC-3, I-1, I-3, I-4, I-1A, I-1B $201.33 Per m? Zoning Districts) Commercial & Other $268.61 Category/Use Total Development Cost Levy Waiver For-Profit Affordable Rental Housing -- For-Profit Affordable Rental Housing -- 86.24% Class B Unit/ Category/Use Area cost School use $5.49 Per m7? Child U 10.00 uecare = S° $ Per building Temporary Building $10.00 permit Community Energy Centre $10.00 Cultural Facility $10.00 Community Centre/ Neighbourhood House $10.00 Library $10.00 Public Authority Use $10.00 Social Service Centre $10.00 Works Yard $10.00 Works Yard for Public Bus Transportation $10.00 Appendix A Vancouver Map - East and West Areas MAP INSET MG East Area Z ws "SB [West Area a | Ss | eee 7, SSNS: ST; RNOES SWNY CS be SEE MAP Bam Fas | INSET } ae 7 NRER'S a fee ST. < ) fi z eS = oa Po |. ILROSS AVE, ILA a 78 la East Area RH iz) | [_]west Area és ae Es