Housing and Development

The City of Fernie is pleased to announce that Permit Tracking Software is coming to Fernie in 2025, making it easier for builders, developers, businesses, and residents to complete the entire building and development permit process online.

Council awarded the contract for Development and Permitting Software to Cloudpermit on October 22, 2024. Of the three short-listed software providers, Cloudpermit was selected as best fitting the needs of the City and local community.

Fernie’s permitting process will become more accessible by allowing permits to be submitted, tracked, and issued in one convenient location. The software offers a user-friendly dashboard with interactive mapping, real-time progress monitoring, inspection bookings, and a messaging platform for direct communication with Planning staff and Building Officials.

The new tool can be accessed 24/7 from any network connected browser or mobile device, allowing users to easily submit permit applications and inspection requests remotely, or from the comfort of their own home.

The City of Fernie is excited to provide applicants with a permitting experience that enhances communication, speeds up processes, and improves the workflows of permit applications. This solution also offers a consistent permitting experience across the Elk Valley, with Sparwood and Elkford using the same software.

The software implementation process is set to kick off in Fall 2024 and anticipated to go live in Spring 2025. Stay tuned for information sessions and learning resources available prior to launch in 2025.

On June 11, 2024, Council adopted changes to the City of Fernie's Zoning Bylaw that support the creation of more affordable and diverse housing configurations, helping to increase the local supply of dwelling units. These changes meet the Provincial Government's requirement for towns with a population of 5,000 or more to accommodate an increased dwelling unit density by the end of June 2024.

Highlights of the changes to the Zoning Bylaw:

• Previous Residential zones of R1, R1SL, R1B, R-WF, R-WF1, R2, R2-RS, are now consolidated and replaced with one zone ‘RSS – Residential - Small-Scale' Zone.
• The RSS zone allows four (4) dwelling units on properties over 280 square metres in size, and three (3) dwelling units on lots with a minimum size of 250 square metres and a maximum size of 280 square metres.
• Rear and side yard setbacks have been reduced to 1.5 metres.
• Maximum building heights range between 8.0-10.0 metres depending on proximity to property lines. Accessory building maximum heights are 5.0 metres.
• Maximum parcel coverage requirements are now based on a sliding scale of 35%-50% depending on lot size, and number of dwelling units per lot.

To review the new regulations in detail, read a summary of the adopted Zoning Bylaw Changes.

All development permit, building permit, and development variance permit applications received on June 12, 2024, or later will be reviewed according to the new Zoning regulations.

An updated version of the Zoning Map is being finalized and added to the City's website soon.

Following the Province of BC’s adoption of Bill 44 mandating local governments to allow more small-scale, multi-unit housing in residential zones, the City of Fernie has been working to develop amendments to its Zoning Bylaw.

Staff have thought carefully about the province’s recommended changes to zoning regulations, and drafted amendments that help promote the developability of attainable housing on residential lots while retaining the character of Fernie’s existing neighbourhoods. The proposed changes that aim to minimize impact to residents with less imposing heights and parcel coverage than the province has recommended, and consider the town's projected population growth, unique transportation options, and parking needs.

On April 16, 2024, the City of Fernie presented Council with a draft bylaw amendment that satisfies Province’s requirements, allowing Council to understand the concepts and provide feedback before considering the amendment for adoption in June.

What are the Proposed Changes?

• Existing Residential zones within the Zoning Bylaw including R1, R1SL, R1B, R-WF, R-WF1, R2, R2-RS, will be consolidated and replaced with one zone ‘RSS – Residential - Small-Scale Zone’.
• Low density zones in the Comprehensive Development areas like the Cedars and Montane will not be part of the blanket zone, but will be amended individually to allow for Small-Scale Multi-Unit Housing.
• Four (4) dwelling units will be permitted on properties over 280 square metres in size, and three (3) dwelling units on lots with a minimum size of 250 square metres and a maximum size of 280 square metres.
• New dwelling units can be developed in a variety of housing types including combinations of (but are not necessarily limited to): single detached dwellings, secondary suites, detached accessory dwelling units (such as garage suites), duplexes, triplexes, fourplexes, townhomes.
• Buildings can be constructed up to a height of 10 metres (one metre lower than the provincial recommendation), with a reduced height of 8 metres within a 6-metre setback from the rear property line to reduce the overall massing.
• Maximum parcel coverage can increase on a sliding scale of 35% to 50% based on the number of dwelling units created (provincial recommendation 50%)
• Minimum off-street parking requirements can be reduced on a sliding scale of 2 to 5 spaces based on the number of dwelling units created (provincial recommendation 1 to 4 spaces)

Key Dates

• Zoning Amendments will be presented at the Regular Meeting of Council on May 28, 2024, for first, second, and third readings.
• Zoning Amendments will be considered by Council for adoption at the Regular Meeting of Council on June 11, 2024 (tentative date).
• Provincial deadline for municipalities to adopt small-scale, multi-unit housing bylaw amendments is June 30, 2024.

The Province of British Columbia has legislated that the Zoning Bylaw amendments are subject to Public Notice. Provincial changes to Public Hearing requirements mean that public comments will not be accepted as part of the process.

Review the City of Fernie's proposed zoning regulation changes, here.

Watch a recording of the Council meeting discussion, here.

Related Information

Short-Term Rentals will be required to follow the existing City of Fernie regulations. For more information, visit the Short Term Rental informaiton page.

For more detailed information about how the changes relate to infrastructure, utilities and development cost charges, read the Staff Report to Council - April 16, 2024.

Read about the Province's legistlated changes in the Small-Scale Multi-Unit Housing Toolkit for Local Governments.

Read about the Province's recommended changes to zoning reulations in the Provincial Policy Manual & Site Standards Guide.

In November 2023, the Province of BC adopted new legislation aimed at easing the housing crisis by enabling the development of small-scale and multi-unit homes on most single-family and duplex zoned lots.

What is Small-Scale Multi Unit Housing?

Small-scale multi-unit housing (SSMUH) refers to a range of housing unit configurations that can provide more affordable and diverse options than single-family homes.

New dwelling units can be developed in a variety of housing types including combinations of (but are not necessarily limited to): single detached dwellings, secondary suites, detached accessory dwelling units (such as garage suites), duplexes, triplexes, fourplexes, townhomes.

What Will Change?

All municipalities across BC with a population of 5,000 or greater will soon allow four (4) dwelling units on properties over 280 square metres in size, and three (3) dwelling units on lots with a minimum size of 250 square metres and a maximum size of 280 square metres. Municipalities outside Fernie that are close to transit stops with frequent service, at least six (6) units will be allowed on larger sized lots.

The new provincial legislation requires local governments to update their zoning bylaws to accommodate the increased dwelling unit density by the end of June 2024.

The City of Fernie is currently working to draft amendments to the Zoning Bylaw, Official Community Plan (OCP) and develop an updated Housing Needs Report (HNR) to meet the Province’s timelines:

• June 30, 2024 – Update the Zoning bylaw to allow for Small-Scale Multi-Unit Housing (SSMUH).
• January 1, 2025 – Complete an Interim Housing Needs Report, estimating housing needs for a 20-year timeframe.
• December 31, 2025 – Update the Official Community Plan and Zoning Bylaw to align with the finalized Housing Needs Report.

The provincial changes also phase out one-off public hearings for housing projects that are consistent with official community plans. Instead, there will be more frequent opportunities for people to be involved earlier in the process, with new legislation requiring the OCP and Zoning Bylaw be updated every 5 years, while reflecting and pre-zoning for the 20-year total number of housing units required to meet anticipated housing needs. Public hearings will continue to be required whenever local governments update or develop new OCPs, or consider rezonings for projects that are not consistent with the OCP.

Learn about the planned changes to help build more homes faster at the Province’s Housing Initiative information page

More infomation is available in the November 1, 2023, press release from the Ministry of Housing.

The Development Approvals Enhancement Project (also known as the LGDAP project) is currently underway, working to improve the efficiency and effectiveness of how the City of Fernie processes development and construction applications. The goal of this project is to remove barriers to attainable housing by accelerating the construction of homes that people need.

This project is a collaborative effort between the City's Planning department and a consulting team, who are gearing up to host a series of engagement opportunities throughout late February, 2023.

How can you get involved?

• Join us for a presentation of the project at the Regular Meeting of Council on February 28, 2023. Meetings are streamed live to the City's Facebook page.
• Members of the development and construction communities are invited to attend a workshop on February 27, 2023 to help develop strategies for obtaining consistent development success. For more information email planning@fernie.ca
• Follow our progress on this initiative at the Development Approvals Enhancement Project webpage.

Work on this project is funded by the Union of British Columbia Municipalities (UBCM) through the Local Government Development Approvals Program. The project kicked off in September 2022 and runs through until August 2023.

Want to know more? Submit a question to the Project team via the Development Approvals Enhancement Project webpage.

On Monday June 27, 2022, Council voted to support reducing “minor” variance processing times from 3 weeks down to 1-2 weeks by adjusting the public notice process to align with direction provided under Section 498.1 of the Local Government Act.

Under the new process, public notice requirements are waived for the issuance of "minor" Development Variance Permits allowed under Delegation Bylaw No. 2467. By not requiring public notice on “minor” variances, the timeline for the approval of an application could be as little as 1 week.

This process improvement expedites the time it takes for Fernie home owners to break ground on construction projects requiring a "minor" variance, and significantly reduces the staff time required to process each application by 3 hours - from 9 hours, down to 6 hours approx. per application.

Minor Variance Application Process adopted by Council on May 24, 2022 (WITH PUBLIC NOTICE)

• Application Intake (1 hour) → Permit Review (2 hours) → Communication with Applicant (varies – 2 hours) → Public Notice (3 hours) → Permit Issuance and Close File (1 Hour)
• Total Employee Hours (Estimated, Average): 9
• Total Timeline (Estimated, Average): 3 weeks

NEW Minor Variance Application Process adopted by Council on June 27, 2022 (WITHOUT PUBLIC NOTICE)

• Application Intake (1 hour) → Permit Review (2 hours) → Communication with Applicant (varies – 2 hours) → Permit Issuance and Close File (1 Hour)
• Total Employee Hours (Estimated, Average): 6
• Total Timeline (Estimated, Average): 1-2 weeks

Read more about this important process improvement in the report supported by Council at the Regular meeting of Council on June 27, 2022.

Information on how to apply for a Development Variance Permit is available on the City of Fernie website.

Each year the City of Fernie supports Affordable Housing initiatives by choosing to grant property tax exemptions to charitable and non-profit organizations that help to create and maintain local housing options, attract new residents & businesses, and encourage local economic development.

Under Section 224 of the Community Charter, Council may choose to grant property tax exemption to eligible properties such as:

• Public parks owned and held by an athletic or service club
• Art galleries or museums owned by a charitable or philanthropic organization
• Not-for-profit seniors and community housing
• Property located around a place of public worship but not eligible for a statutory exemption

Details of the Permissive Tax Exemption program is available on the City of Fernie website. Eligible organizations may apply by July 31, 2022 to be considered for a property tax exemption in 2023.

Learn more about Permissive Tax Exemptions on the BC Government website.

A full list of Fernie's Permissive Tax Exemption recipients is listed on pages 56-57 of the 2021 Annual Municipal Report.

The Planning Department is working on several short-term projects that are intended to help increase dwelling units in the affordable housing fabric.

Delegation of Authority for Minor Variances

This opportunity has just been created by updated Provincial legislation. Council may now consider delegating (giving) the authority to approve a specific set of variances to staff.

First, the set of variances must be defined, and then if an application requiring variances fits within that definition it can be processed through staff authorized by Council.

• Definition of “minor” variance – a proposed variance must meet this definition to be delegated, otherwise, it must proceed to Council:
  • Setbacks greater than or equal to 1.5 metres from property line
  • Building / Structure height up to 10% over allowable height in the Zoning Bylaw
  • Parcel coverage up to 10% over allowable parcel coverage in the Zoning Bylaw
  • All projections into the required setback
• Guidelines under which the delegate (Director or Manager of Planning) must consider when deciding on the issuance of a variance (Is there a high degree negative impact?):
  • Appropriateness of the development
  • Affects on the natural environment
  • Use and Enjoyment of adjacent lands
  • Changes in use / density
  • Intent of the Zoning Bylaw

The new process is expected to drastically reduce the amount of staff time spent on these applications, and subsequently reduce wait times for the issuance of permits.

Old Process Overview:

New Process Overview:

Read the report on this initiative and how it ensures the opportunity for public participation while reducing time spent per application and per Council meeting on these "minor" variances.

The City is engaging an external consultant to complete a project to review and improve the City’s development application and approval process, bylaws, policies, and communication tools with the goal of increasing housing diversity and number of attainable housing units in Fernie.

This is a grant-funded project. The City was successful in securing $171,875 in funding through the Province to improve our processes and support housing in our community.

The Request for Proposals (RFP) was issued in March of 2022. The City is now working on awarding the project, with work to be completed no later than August 15, 2023.

You can read the report on the project and the RFP and addendum on our website.

This article summarizes current and new zoning that supports advancing multi-family housing in Fernie.

Multi-Family Development Lands (Undeveloped)

There are a number of privately-owned properties in Fernie that are zoned for multi-family development, and remain undeveloped. Many of these properties are within the existing parcel fabric, and some would be considered greenfield development.

Theoretically, based on the size of the properties and the maximum density allowed in these areas, the undeveloped multi-family zoned properties in Fernie represent a maximum of 2,688 dwelling units. A conservative assessment based on development to 50% of the maximum density still allows for the creation of 1,344 dwelling units without the need for significant new zoning.

Major New Zoning

Since the completion of the Housing Needs Report the City has moved forward with changes to the Zoning Bylaw to diversify the available housing stock, and promote the creation of new units in areas they weren’t previously permitted.

Rental Zoning

In March 2021, Council adopted Bylaw 2410 creating the R5R – High Density Residential Rental zone, and rezoned 90 Castle Mountain Road to the new R5R Zone, creating the opportunity to develop up to 193 dwelling units.

Fernie was one of the first municipalities in BC to approve rental zoning as an initiative to support housing diversification

CS1 Service Commercial

In February, 2022 Council adopted a text amendment to the zoning bylaw to make dwelling units legal in the CS1- Service Commercial Zone above the first storey or behind the commercial component. There are approximately 38 lots that are zoned CS1 in the City (Located in the North Annex and the Ghostrider Subdivision). With the amendment to the CS1 zone, each one of those properties has the potential to have dwelling units above or behind a permitted commercial use. The bylaw does not limit the amount of dwelling units; however, lot size, parcel coverage and parking requirements for those dwelling units must be applied, which may limit the total number of potential new units.