Inclusionary Zoning Options in Burnaby - Bylaw Guide
Burnaby, British Columbia faces growing demand for affordable housing and municipal tools such as inclusionary zoning provide pathways to secure units through development approvals. This guide explains common inclusionary zoning approaches under municipal bylaws, how they interact with planning approvals and housing agreements, and practical steps for applicants, landowners, and community stakeholders.
How inclusionary zoning can work in Burnaby
Municipalities typically use one or more of the following mechanisms to require or incentivize affordable units in new developments. Which approach Burnaby adopts depends on council direction, zoning instruments, and available incentives.
- Mandatory inclusionary zoning tied to rezoning or density increases.
- Voluntary density bonuses where additional floor area requires affordable unit provision.
- Housing agreements and s.219 covenants to secure long-term affordability.
- Cash-in-lieu options when on-site units are not provided.
To review Burnaby's planning framework and current policy documents, consult the City of Burnaby Planning and Building pages officially published by the city[1]. For regulatory text that would enable requirements in zoning or related bylaws, refer to the city's bylaws portal Burnaby bylaws online[2].
Designing inclusionary zoning provisions
Key policy decisions include eligibility (which projects), target affordable percentages, unit mix, income bands, duration of affordability, and monitoring/enforcement arrangements. Developers and planners must align inclusionary provisions with the Official Community Plan, zoning schedules, and any density bonus frameworks.
- Determine project triggers (e.g., rezoning, size threshold).
- Set unit targets and affordability definitions (e.g., moderate-income, low-income).
- Decide on on-site units versus cash-in-lieu and calculation methods.
- Establish housing agreement terms and enforcement mechanisms.
Penalties & Enforcement
Enforcement of inclusionary zoning obligations in Burnaby would typically be administered by the Planning Department, Development Services, and By-law Enforcement depending on the instrument used (bylaw, covenant, or agreement). Specific enforcement practices and fine schedules should be listed in the controlling bylaw or covenant instrument.
- Fine amounts: not specified on the cited page; check the applicable bylaw or covenant for monetary penalties.
- Escalation (first/repeat/continuing offences): not specified on the cited page.
- Non-monetary sanctions: orders to comply, registration of notices on title, injunctions or court enforcement where agreements are breached.
- Enforcer and complaints: Planning and Development Services and By-law Enforcement handle compliance and complaints; contact details are on the city site Planning and Building[1].
- Appeals/reviews and time limits: appeal rights and timelines depend on the instrument (bylaw amendment, development permit, or covenant) and are set out in the controlling documents—if not listed, they are not specified on the cited page.
- Defences/discretion: councils and delegated officers may exercise discretion or accept alternatives such as off-site units or cash-in-lieu subject to policy.
Applications & Forms
The city publishes development application forms, rezoning application checklists, and templates for housing agreements on its Planning and Building pages. Name/number, fees and submission methods for any housing agreement or rezoning application are provided on those official pages; where a specific form is required but not posted, it is not specified on the cited page.[1]
Action steps for applicants
- Early engagement: consult Planning staff during pre-application to discuss inclusionary expectations.
- Document proposals: include unit mix, tenure, and affordability measures in the application package.
- Negotiate housing agreement terms and register covenants as required.
- Prepare financial pro forma to evaluate on-site versus cash-in-lieu outcomes.
FAQ
- What is inclusionary zoning?
- Inclusionary zoning means requiring or incentivizing affordable housing units within new developments or through contributions to affordable housing programs.
- Can Burnaby require on-site affordable units?
- Yes; if council adopts a bylaw or policy that mandates inclusionary provisions as part of rezoning or density increases, on-site requirements can be imposed and secured via housing agreements.
- Where do I find the official rules and forms?
- Official planning policies, bylaws, application checklists, and housing agreement templates are on the City of Burnaby Planning and Building pages and the city bylaws portal.[1][2]
How-To
- Contact Planning staff for a pre-application meeting to discuss inclusionary options and triggers.
- Prepare a development concept showing affordable unit types, sizes, and locations.
- Complete the rezoning or development application forms and submit required studies and fees.
- Negotiate and finalize a housing agreement that secures affordability terms and register it on title.
- Comply with monitoring and reporting conditions post-occupancy as set out in the agreement.
Key Takeaways
- Inclusionary tools are policy and bylaw instruments secured via housing agreements.
- Specific penalties and procedures are set in the controlling bylaw or covenant and may not be published elsewhere.