RZ21C01 | 3570 Telegraph Road, Cobble Hill ("Xanadu Estates")

Background

The applicant proposes to rezone the property 3570 Telegraph Road from RR-2 - Rural Residential Zone, in the South Cowichan Zoning Bylaw, to a new site-specific Comprehensive Development Zone. The purpose is to allow for the use of the property for a single-family dwelling, secondary suite, accessory dwelling unit; as well as tourist accommodation, with a maximum of four tourist sleeping units. The current RR-2 Zone permits only one secondary suite or accessory dwelling unit, and does not permit temporary tourist accommodation. An Official Community Plan (OCP) amendment is required, as the proposed use exceeds what is permitted under the current Rural Residential land-use designation. The new proposed land-use designation is Tourist Commercial, which encompasses the activities on the property without requiring changes to policy language within the OCP.

Background

What is the difference between "bed and breakfast" use and "tourist accommodation"?

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Bed and breakfast use is very specific, and typically involves only certain rooms within a single-family dwelling. In the South Cowichan Zoning Bylaw, the use of bed and breakfast is limited to four rooms contained within the residence, and does not include the provision of cooking appliances for guest use. Tourist accommodation, however, can occur within "sleeping units". These tourist sleeping units may be contained within the principal residence, or may be located within separate buildings. Sleeping units may also contain cooking facilities (or they may not). Tourist accommodation encompasses a broader range of temporary accommodation, as opposed to bed and breakfast use which is narrowly defined.
Bed and breakfast use is very specific, and typically involves only certain rooms within a single-family dwelling. In the South Cowichan Zoning Bylaw, the use of bed and breakfast is limited to four rooms contained within the residence, and does not include the provision of cooking appliances for guest use. Tourist accommodation, however, can occur within "sleeping units". These tourist sleeping units may be contained within the principal residence, or may be located within separate buildings. Sleeping units may also contain cooking facilities (or they may not). Tourist accommodation encompasses a broader range of temporary accommodation, as opposed to bed and breakfast use which is narrowly defined.

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When does the BC Building Code and Zoning Bylaw consider a building to be "multi-family"?

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BC Building Code considers a set of rooms with cooking appliances, full plumbing, bedroom furniture and a separate entrance as a single dwelling unit. One single dwelling unit cannot contain more than one set of cooking appliances (i.e. one single dwelling unit cannot have two kitchens). The South Cowichan Zoning Bylaw similarly considers a "multi-family dwelling" to be 3 or more dwelling units. When the BC Building Code considers a set of rooms as a "dwelling unit" there must be fire separation between that dwelling unit and other adjacent dwelling units, whether within the same building or not. When a single building contains multiple dwelling units, as defined in the BC Building Code, it is considered a multi-family dwelling and must be constructed according to the appropriate Building Code standards for multi-family buildings.
BC Building Code considers a set of rooms with cooking appliances, full plumbing, bedroom furniture and a separate entrance as a single dwelling unit. One single dwelling unit cannot contain more than one set of cooking appliances (i.e. one single dwelling unit cannot have two kitchens). The South Cowichan Zoning Bylaw similarly considers a "multi-family dwelling" to be 3 or more dwelling units. When the BC Building Code considers a set of rooms as a "dwelling unit" there must be fire separation between that dwelling unit and other adjacent dwelling units, whether within the same building or not. When a single building contains multiple dwelling units, as defined in the BC Building Code, it is considered a multi-family dwelling and must be constructed according to the appropriate Building Code standards for multi-family buildings.