Multiple dwellings in the agricultural land reserve
Under the Agricultural Land Commission Act, local government may only permit one dwelling on a property within the ALR unless it is required for farm use. For information on what qualifies as farm use, please refer to Temporary Farm Worker Housing and Permanent Farm Help Dwelling.
Carriage Houses on Agricultural Land
Carriage houses are not a permitted use according to the ALC Regulation. Therefore, in order to permit a carriage house on ALR land, an ‘Non-farm Use’ application to the ALC must be made, and a resolution allowing the use received, prior to a rezoning application for A1c – Agriculture 1 with Carriage House.
Existing Multiple Dwellings on ALR Land
In some cases, multiple dwellings are already present on ALR land. This can occur based on a variety of past circumstances, including those below.
- Past farming operations were intensive and qualified for a farm help dwelling, in accordance with the requirements at that time. In this case, an affadavit was usually signed by the owner confirming that it would be used for farm help only.
- At the time of building a second dwelling, an agreement to demolish or decommission an existing dwelling was made. In some cases, the decommissioning was completed and later illegally reversed. In some cases, it was never completed.
- A mobile home for family use was placed on the land. With a sale of a property, it is not always communicated or understood that the mobile home on ALR land is permitted for family use only.
What uses are permitted for existing multiple dwellings?
In order for a use of a second or third dwelling to be legal, it must comply with the ALC Act and Regulation. The following uses are permitted under the ALC Act and Regulation.
- A mobile home, in addition to a single family dwelling, is permitted for family use only. If family members are no longer using the mobile home, it must be removed from the land.
- The farming operation must qualify for Temporary Farm Help Housing, or have a resolution from the ALC to allow a permanent farm help dwelling on the property.
- A decommissioned dwelling may be used for a rural home based business, up to a maximum area of 100 square metres.
Rentals on ALR Land
Rentals are permitted on ALR land only for the following two conditions:
- A Secondary Suite is within the primary dwelling, that conforms to City of Kelowna bylaws and the BC Building Code, and has a valid City of Kelowna business licence.
- A resolution from the ALC has been received for a carriage house, and the parcel has been rezoned to A1c – Agriculture 1 with Carriage House, by the City of Kelowna, conforms to bylaws and has a valid City of Kelowna business licence.
In no other cases is is legal to rent out a dwelling on ALR land. To legalize a second dwelling for a rental property, an ‘Non-farm Use’ application to the ALC must be made, through the City of Kelowna.
What must be done to bring the land into conformance?
In order to bring a property with multiple dwellings into conformance, the following must be completed.
- Manufactured homes, if not used by family, must be removed.
- Additional dwellings must be decommissioned or demolished.
- For properties with decommissioned dwellings, a Section 219 Covenant must be registered with the Land Title Office that is may not be used as a dwelling.