Phase 1, Phase 2 and TA Zoning

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What is Phase 1 and Phase 2 Zoning?

One of the most buyer FAQ Whistler ski-in ski-out real estate questions I am asked is on the clarification of zoning. This question is typically asked by those who are considering the purchase of a revenue generating property.

What is Phase 1 zoning?

The Phase 1 covenant is in place to maximize occupancy of properties for use by owners and visitors. In other words, Phase 1 zoning allows for nightly rental revenue generation. In addition the owner is allowed to use the property for themselves. Please note, it is not as simple as that statement might suggest, as there is a GST implication which should be considered. Some, but not all Phase 1 properties have a covenant that require the condo or townhouse to automatically be in a rental pool when not in use by the owners.

Phase 2 zoning

Think of an hotel with a big brand name when you think of Phase 2 zoning, it will help you understand the zoning. Now, I suggest to you that no hotel brand is going to put you, the owner ahead of their own needs. A Phase 2 rental pool covenant requires that all units must be available for commercial rental to the public at all times, except for limited owner use. Owners have a basic allotment for personal use of their unit, limited to 28 days for a defined summer period and 28 days for a defined winter period. Terms specifying how and when owners may use their basic allotment are detailed in the covenants. Phase 2 units must also be placed in a rental pool as selected by strata owners, through which all the units will be made available for rental to the public. This system provides the orderly and assured management of reservations.

How does Tourist Accommodation fit into the zoning?

In Whistler, Tourist Accommodation (TA) means the business of marketing or providing accommodation or lodging to paying guests and includes vacation rentals. Furthermore, it is found on land’s zoning, for example the houses in Kadenwood.

Is there a Whistler map which shows zoning?

There is an interactive map on the RMOW site which when you type in the address will show you the zoning, plus other good features. It shows an image with the footprint of the house or building. This is well worth looking at. 

Where can I see all the zoning bylaws?

This is a harder page to find on the RMOW website, as it is called Zoning and Parking Bylaw 303 which usually throws people off. This is how the RMOW site describes the bylaw: Zoning and Parking Bylaw 303 is a bylaw that regulates the use of land, buildings, structures and parking within Whistler. Furthermore, it governs what may or may not be built on a property, and should be consulted during the design phase of a project to ensure that the proposed works adhere to the bylaw. 

Click through to the The Resort Municipality of Whistler (RMOW) for more detailed information.

Marion Anderson *PREC (604) 938-3885