OSOYOOS TIMES-August 12, 2009

By Paul Everest – Osoyoos Times

Land owners within the Regional District Okanagan-Similkameen (RDOS) who wish to subdivide for a relative and avoid the RDOS rezoning process must now have a property 50 hectares in size or more.
On Aug. 6, the rural directors on the RDOS board voted unanimously in favour of approving a bylaw establishing the 50-hectare limit.
The new policy replaces an old RDOS “Relative Bylaw” adopted in January, 1998, which outlined a minimum size for land parcels after a subdivision had taken place.
For example, if someone wanted to subdivide land for a relative in Area A in an area zoned Large Holding under the old bylaw, the subdivided property could be no smaller than four hectares.
Rural areas A and H, however, had withdrawn from that bylaw five months after it was adopted.
All RDOS areas fall under the new bylaw except for properties within the Agricultural Land Reserve or properties within cities, towns, villages or other municipal districts.
The bylaw relates to Section 946 of the provincial Local Government Act.
Under that section, landowners who have owned a piece of property at least three hectares in size for five years or more can subdivide the property without going through the RDOS rezoning process if the purpose of the subdivision is to provide a residence for a family member.
The new bylaw demands that properties smaller than 50 hectares will have to go through the RDOS rezoning process.
The idea for changes to the Relative Bylaw arose last year when development services staff for the RDOS expressed concerns that subdivisions can take place within the RDOS under Section 946 without board approval or any public input.
It was therefore proposed that a 100-hectare minimum parcel size be put in place for any subdivisions for relatives.
The 100-hectare minimum parcel size proposal was supposed to receive first, second and third reading and be adopted in February, but the idea was withdrawn for further consultation from the public and the RDOS Advisory Planning Commissions following complaints that the proposal was being pushed through too quickly and with little say from the public.
The new bylaw was given first, second and third reading on July 2 with directors Bill Schwarz (Area D), Tom Chapman (Area E) and Elef Christensen (Area G) opposed.
Schwarz also brought a notice of motion at the board’s July 16 meeting calling for regulations to be worked into the Official Community Plans and zoning bylaws of each RDOS area regarding subdivisions for relatives.
Such regulations, if approved, would give the RDOS the ability to decide on subdivisions for relatives whereas now people can go ahead with subdivisions under Section 946.
[email protected]