Zoning in Port Moody

Zoning

Bylaw 3460, in plain language.

The plain version of the law behind Port Moody’s multiplex rules: what Bill 44 required, when Bylaw 3460 followed, and what “permitted outright” actually means.

Most of the change to what Port Moody lots can hold traces back to one provincial law and one city bylaw. Neither is long, and the plain version is worth knowing before any other decision gets made.

The law: Bill 44

In 2023 the province passed Bill 44, the Housing Statutes (Residential Development) Amendment Act. It amended the Local Government Act to require most municipalities over 5,000 people to permit small-scale multi-unit housing, or SSMUH, on land previously limited to a single house or a duplex. It received royal assent on November 30, 2023, with a compliance deadline of June 30, 2024. This was not an invitation. Cities were required to rewrite their zoning to allow it.

The minimums the province set

Lot sizeUnits the city must allow
280 m² or underAt least 3
Over 280 m²At least 4
Over 280 m², within 400 m of frequent transitAt least 6

These are floors. A municipality may permit more but not less, and there is no minimum lot size below which SSMUH does not apply at all.

The city's response: Bylaw 3460

Port Moody brought its zoning into line on June 25, 2024, through Amendment Bylaw No. 3460. That is the local instrument that actually made three, four, and in some places six homes permitted on ordinary Port Moody lots. When staff prepared the change, they estimated that about 3,709 lots would qualify for up to four units and 515 would sit close enough to frequent transit to reach six.

Key fact

The most consequential phrase in the whole change is "permitted outright." It means a qualifying SSMUH project needs no rezoning and no public hearing. Port Moody reviews it through a Minor Development Permit against the City's design rules, which is faster and more predictable than the process it replaced.

What the city still controls

Bill 44 did not hand everything to homeowners. Municipalities keep authority over floor area, height, setbacks, lot coverage, and tree retention. What they lost is the ability to write rules that make a multiplex effectively impossible. The province can step in where a city's rules undercut the law, and it recommends heights of at least three storeys and reduced parking near transit.

Two things the law did not do

It did not erase private covenants. A single-dwelling covenant registered on a property's title survives Bill 44 and has to be discharged before building can proceed. A title search will show whether one exists. And it did not promise that the maximum number of homes fits every lot. Grade, servicing, and setbacks still decide what is genuinely buildable.

A provincial law set the floor. A city bylaw opened the door. What walks through it is still a question of the individual lot.

Where to go next

Find the property on the City's zoning map, check its size and its distance to frequent transit, and confirm the title is clear. The full rules cover the housing types, the FAQ covers the common questions, and a feasibility study reads one specific lot against the current bylaw.

Common questions

When did Port Moody's SSMUH zoning take effect?

The City adopted Amendment Bylaw No. 3460 on June 25, 2024, bringing its zoning into line with Bill 44's compliance deadline of June 30, 2024. The permissions have been current law since then.

Does Bylaw 3460 require homeowners to do anything?

No. It changes what owners may build, not what they must. A street where every owner keeps a single-family home looks exactly as it did before the bylaw passed.

What does 'permitted outright' actually mean?

It means a qualifying SSMUH project needs no rezoning and no public hearing. The City reviews the design through a Minor Development Permit against written rules, followed by a building permit, a faster and more predictable path than the old process.

Can the City still refuse an SSMUH project?

The City cannot refuse the use itself on a qualifying lot, but the design must meet the bylaw's setbacks, height, coverage, parking, and tree requirements. Projects that do not meet the written rules are revised until they do.

Sources

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