WCEL > Issues > Urban Growth and Development > Smart Bylaws Guide > Part 5 > Secondary Suites > Oliver

Smart Bylaws Guide – Secondary Suites – Oliver

The Town of Oliver legalized secondary suites a few years ago, allowing suites in single family dwellings or in accessory buildings.  While the requirements for owner-occupation and parking are onerous, the ability to construct a suite in an accessory building provides more flexibility to homeowners.  This is particularly important where the units will be used as Granny Suites (having a parent live on the same property).  Town staff have not received any complaints about secondary suites since they were legalized.

Town of Oliver Zoning Bylaw No. 720 (Consolidated to March 23, 2003)

Definition - “secondary suite” means one or more habitable rooms  (used or intended for use as a residence by one or more persons living as a single family unit), with self-contained sleeping, living, cooking, and sanitary facilities, and direct access to the open air, without passing through any part of the principal dwelling unit.  The secondary suite unit is clearly subordinate to the principal dwelling unit; (Amendment Bylaw 859, 1997)

Accessory Buildings

5.8         In residential zones, accessory buildings shall not occupy in excess of 75 square metres land area. No more than one accessory building having in excess of 10 square metres is permitted in association with a single family dwelling or a half duplex. A garage, carport or greenhouse attached to a principal building is deemed to be part of the principal building.  (Amendment Bylaw 1002, 2001)

5.20            Secondary Suites  (Zoning Amendment Bylaw No. 1002, 2001 [items (a) to(k) inclusive] )

In zones where secondary suites are permitted, the following rules shall apply:

(a)  A secondary suite will only be permitted upon the execution of a Housing Agreement between the Town of Oliver and the registered owner(s) of the dwelling unit in which or in association with which a secondary suite is requested.  The Housing Agreement will contain a clause that will require a registered owner of the single family dwelling or duplex to have permanent residency in either in the principal dwelling unit or the secondary suite.

(b)  A secondary suite may only be operated as long as all Housing Agreement conditions are being satisfied. 

(c)  A secondary suite will only be permitted within or in association with a single family residential dwelling or duplex within the following zoning districts:

AG             Agricultural and Openland

RS1            Single Family Residential

RS2            Single Family Residential (Large Lot)

RS3            Single Family Residential (Small Lot)

RD            Two Family Dwelling

RM1            Multi-Family Dwelling

RM2            Multi-Family Dwelling

RM3            Multi-Family Dwelling

RCD            Comprehensive Residential Development            

(d)  A secondary suite may be contained within a house or half duplex, or within an accessory building. 

(e)  Not more than one secondary suite shall be permitted in or in association with a principal dwelling unit and not more than one secondary suite shall be permitted on any separate parcel of land.

(f)   The size of a secondary suite shall not exceed:

(i.)  90 square metres or 40% of the habitable floor space of the principal building in which the secondary suite is located, whichever is less; or

(ii.) 75 square metres if the secondary suite is located in an accessory structure. 

(g)  Secondary suites shall be connected to the Town of Oliver sanitary sewer system.

(h)  In addition to the off-street parking spaces required for the principal dwelling unit, one additional off-street parking space is required for the secondary suite.  Where possible, this additional parking space shall abut and use an existing driveway for access to the street system. At least one parking space from the Principal Residence and one parking space from the Secondary Suite must be able to leave the property independently.  

(i)   Any structural alterations or additions undertaken to facilitate a secondary suite shall be done in a manner which does not alter the single family residential character and form of the area in which it is situated.

(j)   A secondary suite shall not be permitted on a property if the property contains a bed and breakfast operation.

(k)  A home occupation will only be permitted to operate from a residence operating a permitted secondary suite if the home occupation is of a type which is consistent with the following: mobile services oriented from the dwelling unit such as consulting, building trades, and other mobile professional and personal service businesses.  (Zoning Amendment Bylaw No. 1002, 2001 [items (a) to (k) inclusive] )

For More Information

Tom Szalay, (250) 498-3404, tszalay@oliver.ca