Zoning & Policy | Bill 44 / SSMUH

Bill 44 SSMUH in Kelowna: The 3, 4, and 6 Unit Rules

Bill 44 is the provincial legislation that pre-zoned residential lots in BC for 3-6 units (BC Laws). Kelowna implemented it in Zoning Bylaw 12375 on March 18, 2024 (City of Kelowna). This page is the plain-English version of what the bill requires, what the Kelowna amendment did, and where SSMUH stops — because it stops a lot sooner than most people assume.

Key Takeaways

✓Bill 44 requires minimums of 3 units on lots at or below 280 m², 4 units on lots above 280 m², and 6 units on lots above 280 m² near frequent transit.
✓Kelowna adopted these rules in Zoning Bylaw 12375 on March 18, 2024. No rezoning and no public hearing for SSMUH-consistent applications.
✓Within 400 m of qualifying frequent transit, municipalities cannot impose parking minimums on SSMUH projects.
✓Height, setback, lot coverage, and character still require variances if the design exceeds the base-zone envelope.
✓SSMUH does not waive DCCs, FireSmart, Step Code, or the Mill Creek floodplain bylaw. Those are separate requirements that run in parallel.

What Bill 44 Did (Province-Wide)

The Housing Statutes (Residential Development) Amendment Act received royal assent in late 2023 and required every BC community over 5,000 residents to align their zoning by June 30, 2024 (Province of BC). Most communities complied on time; the Province reported over 90% of BC communities had adopted SSMUH by late 2024 (BC Gov News).

Pre-Zoned Small-Scale Multi-Unit Housing

Bill 44 required BC communities over 5,000 residents to pre-zone every residential lot for 3-4 units (and 6 near frequent transit on larger lots). Compliance deadline was June 30, 2024.

Removed the Public Hearing Requirement

Public hearings are no longer required for SSMUH-consistent zoning amendments or permit applications. Decisions happen at staff level against the pre-zoned rules.

Set Minimums, Not Maximums

Bill 44 sets a floor. Municipalities can go further — more units, taller buildings, additional form allowances — but cannot go below the provincial minimums.

Capped Parking Minimums Near Frequent Transit

Within 400 m of qualifying frequent-service stops, municipalities cannot require off-street parking minimums for SSMUH projects.

How Kelowna Implemented It

Council adopted the SSMUH amendments to Zoning Bylaw 12375 on March 18, 2024, ahead of the provincial deadline. The amendments pre-zoned RU1, RU2, RU3, RU5, and eligible MF1 parcels for the Bill 44 minimums (City of Kelowna Planning Legislation).

That same amendment package added the Bill 47 Transit-Oriented Areas framework — a separate but parallel policy, covered on the Transit-Oriented Areas page. The two should not be confused: Bill 44 is about SSMUH unit counts on any qualifying lot; Bill 47 is about forced density around prescribed transit exchanges.

The Unit Count Rules

Kelowna SSMUH Bill 44 unit path infographic — 3 units on lots 280 m² or smaller, 4 units on lots larger than 280 m², 6 units on large lots near frequent transit, adopted March 18 2024 under Zoning Bylaw 12375

Rule	Small Lot (≤ 280 m²)	Large Lot (> 280 m²)	Transit-Adjacent (> 280 m²)	Note
Minimum permitted units	3 units	4 units	6 units	Small lot = parcel ≤ 280 m². Large lot = > 280 m². Transit lot = > 280 m² within the prescribed walking distance of a qualifying frequent-service bus stop.
Minimum off-street parking	Municipal rules apply	Municipal rules apply	None within 400 m of frequent transit	Bill 44 allows municipalities to require up to 1 stall per unit on standard lots; stops parking minimums near frequent transit.
Rezoning needed?	No — pre-zoned	No — pre-zoned	No — pre-zoned	Kelowna's March 18, 2024 amendments pre-zoned RU and applicable MF parcels. You go straight to development and building permits.
Public hearing?	Not required for SSMUH	Not required for SSMUH	Not required for SSMUH	Bill 44 removed the public hearing requirement for SSMUH-consistent applications. Variance requests are a separate issue.

Based on Bill 44 and Kelowna's March 18, 2024 SSMUH amendments. Always verify against the current bylaw before underwriting.

The Parking Changes

Within 400 m of Frequent Transit

No off-street parking minimums. The municipality cannot require any. You can still choose to build parking, but it is a commercial decision, not a regulatory one. This is the single biggest design benefit of siting near qualifying transit — parking typically consumes the lot area that a 4th or 5th unit would otherwise occupy.

Outside the 400 m Zone

Standard Kelowna parking rules apply, which can require up to one stall per unit. On tight RU lots that becomes the primary design constraint. Check the current parking schedule in Bylaw 12375 for the specific rate that applies to your zone and unit count.

What Still Requires a Variance

SSMUH unlocks the unit count. It does not unlock the envelope. These four categories still trigger variance requests when exceeded — and variances are what take you off the Infill Fast-Track path.

Height Above the Base Zone

SSMUH unlocks the unit count, not the height envelope. If you need more storeys than RU2 or MF1 allows, you need a variance.

Setback Reductions

The base-zone setbacks still govern. Squeezing 4 or 6 units into a tight lot often pushes a design past the setback — which is a variance request, not an SSMUH right.

Lot Coverage and FAR

If the multiplex form exceeds the zone's maximum lot coverage or floor-area ratio, you need a variance. That is also what takes you off the Fast-Track path.

Character and Form Elements

Kelowna's form-and-character guidelines (Ch. 18 of the OCP) can still drive design changes through development permit review, even on a pre-zoned SSMUH parcel.

What SSMUH Does NOT Do

The most expensive misreadings of Bill 44 come from assuming SSMUH waives other requirements. It does not. These four categories run in parallel and apply fully.

Does Not Waive DCCs

Development Cost Charges under Bylaw 12420 still apply. SSMUH is a zoning tool; DCCs are an infrastructure-cost tool.

Does Not Waive FireSmart

A WUI-exposed parcel still faces the same FireSmart construction requirements — non-combustible cladding, ember-resistant vents, Priority Zone 1 setbacks.

Does Not Waive Step Code or Overheating Rules

The BC Building Code, Zero Carbon Step Code, and the 26 °C overheating limit for at least one living space apply to SSMUH projects exactly as they apply to any other residential build.

Does Not Waive the Floodplain Bylaw

Mill Creek Flood Plain Bylaw 10248 constrains the building envelope on affected parcels. SSMUH does not override hazard bylaws.

Best For

✓ RU1, RU2, RU3, or MF1 parcels above 280 m² where the base-zone envelope fits 4 units without variances.
✓ Lots within the prescribed walking distance of Route 97 Okanagan or other qualifying frequent-service stops — the 6-unit path plus no parking minimum.
✓ Projects that use the pre-zoned path to bypass rezoning and the public hearing entirely.

Usually Fails When

✕ The design needs a variance to hit the 4- or 6-unit minimum and the builder still expects Fast-Track timing.
✕ The pro forma assumes SSMUH waives DCCs, FireSmart, or Step Code — none of which is true.
✕ The 6-unit bonus is assumed without confirming the lot is both above 280 m² and inside the prescribed transit walk.

What To Verify Before Spending Money

→ Lot area against the 280 m² threshold and zone against the list of SSMUH-eligible zones.
→ Transit eligibility against the City of Kelowna's qualifying-stop list, not just the BC Transit route map.
→ Whether the design fits the base-zone envelope or will require variances — and how that changes the permit path.

Frequently Asked Questions

What is the exact unit minimum for my lot under Bill 44? +

Three units if the parcel is at or below 280 m². Four units if it is above 280 m². Six units if it is above 280 m² AND within the prescribed walking distance of a qualifying frequent-service bus stop. The municipality has to allow at least the minimum, and Kelowna's March 18, 2024 amendments put those minimums in place (Province of BC).

What does "qualifying frequent-service transit" mean? +

A stop served at 15-minute headways between 7am-7pm on weekdays and 10am-6pm on weekends. The City of Kelowna publishes the list of qualifying stops; in Kelowna the spine is Route 97 Okanagan (RapidBus) plus Route 8, with exchanges at UBCO, Queensway, Rutland, Orchard Park, and Westbank (BC Transit).

Do I need to rezone my RU1 lot to build 4 units? +

No. Kelowna pre-zoned RU and eligible MF parcels on March 18, 2024. You go directly to development permit and building permit. No rezoning, no public hearing, and no need to wait on council.

Does the 6-unit bonus apply to my 260 m² lot near Route 97? +

No. The 6-unit bonus requires the lot to be both above 280 m² and within the prescribed walking distance. A 260 m² lot is capped at the 3-unit minimum regardless of transit proximity.

Can Kelowna require off-street parking on an SSMUH project near frequent transit? +

No. Within 400 m of qualifying frequent-service transit stops, Bill 44 prohibits the municipality from imposing parking minimums on SSMUH projects. On lots outside that distance, standard municipal parking rules still apply.

Does SSMUH remove the need for a development permit? +

No. Development permits for form, character, and site design still apply under the zoning bylaw. What SSMUH removes is the rezoning stage and the public hearing — not the DP or the BP.

What happens if my design needs a variance to hit the 4-unit Bill 44 minimum? +

Variances are still available but take you off the Fast-Track path. Variance requests go through Board of Variance or Development Variance Permit review, which adds months. If the base-zone envelope truly cannot accommodate the minimum unit count, the city is required under Bill 44 to permit the design anyway — the province built this into the legislation (BC Laws).