A Comparison of the use of Building Zones and Zoning Bylaws

to Regulate Electric Vehicle Infrastructure

January 6, 2017 (updated 01/08/19)
Jim Hindson, Victoria BC jhindson@telus.net

One barrier to the more widespread adoption of electric vehicles (EV) is the lack of available EV
infrastructure on public and private property locations and for residential properties in particular,
where overnight charging would meet most EV daily charging requirements.

Since it is more costly to retrofit EV infrastructure into existing buildings than provide for it at the time
of construction, regulating EV infrastructure helps to “future-proof” buildings by preventing
reductions in property value over time as new or subsequent buyers start to require EV charging
capability as a condition of purchase. At non-residential locations, EV infrastructure regulations are
required to help ensure that the daily range needs of EV owners can be met to help reduce
community-wide GHG emissions.

Although building codes and zoning bylaws can be used to regulate requirements for EV
infrastructure in new construction, the potential effectiveness of the two approaches is quite
different.

The purpose of building codes is to provide for the structural integrity, and the health and safety of
building occupants and is not intended to include provisions for different land uses or auxiliary
features. Building codes usually apply on a province or state-wide basis with historical exceptions
for early North American settlements1.

The purpose of zoning bylaws is to regulate how a property may be used including the size,
placement, and height of structures as well as requirements for auxiliary features or amenities such
as parking. Zoning bylaws always apply at the municipal level and apply to all land uses including
when the land use (zoning) of a property is changed.

Comparing the differences between the building code approach and the alternative use of zoning
bylaws provides insights as to why the use of zoning bylaws represents the preferable solution to
meet EV infrastructure needs and the “future proofing” of property investments.

From the perspective of EV infrastructure regulatory needs, EV infrastructure regulations should:

apply to all land uses; provide for changes to land use or occupancy; and have the ability to account
for multiple buildings on a single property. There are also the needs for; adaption to local conditions
or technology; a stakeholder consultative process; and a variance and appeal process.

Table 1 is a comparison between the building code and zoning bylaw approaches in meeting these
needs.

The building code approach generally does not meet any of these needs, whereas the zoning bylaw
approach meets all of them.

1 Some large early municipalities have their own building code (examples are: Vancouver, Toronto, New York, and Los
Angeles)
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Table 1 EV Infrastructure Needs

EV Infrastructure Need Building Code Zoning Bylaws2

Regulate by land use Structures only All land uses
Ability to change requirements if occupancy (land use) changes No Yes
Tailor EV infrastructure requirements for developments with multiple
No Yes
buildings
Prevent the over or under-building of EV infrastructure requirements No Yes
Ability to include a minimum performance standard (of providing “x”
No Yes
kWh over a period of “y” hours) for charging each vehicle
Ability to rapidly implement changes to regulations No Yes
Ability to adjust for requirements for local conditions or circumstances Limited3 Yes
Local (municipal or county level) autonomy No Yes
Stakeholder involvement Limited Yes
Ability for State or Province to mandate4 Yes Yes
Variance process No Yes
Appeal Process No Yes
Effectiveness Limited High
Implementation time frame to include EV infrastructure Years Months
Time to make changes Years Weeks
Harmonization with other legislation5 Yes Yes

Although some jurisdictions have used building code regulations requiring EV infrastructure in new
construction, these appear limited to large cities that have their own building code and any success
appears to be limited to a subset of building types (such as residential units). There are current
initiatives in some jurisdictions to use the building code to mandate EV infrastructure, but these
initiatives would be expected lead to the under or over-building of EV infrastructure as building
regulations under the building code are not directly associated with the use of the building.

The zoning approach represents an extension of an existing process for regulating properties and
auxiliary uses. Zoning regulations or bylaws (sometimes referred to as ordinances) fit all the needs
for EV infrastructure regulation including; discrimination by land use; providing for local conditions; a
built-in variance and appeal processes; and the ability to be both implemented and updated in short
periods of time. The legislative framework for using zoning bylaws to regulate EV infrastructure is
already in place in most jurisdictions. States and provinces also already have the ability to require
local jurisdictions to implement minimum stat-wide or province-wide zoning regulations for EV
infrastructure and/or require uniform specific regulations by land use.

In summary, of the two approaches to implementing EV infrastructure regulations, the zoning bylaw
approach is preferred as it meets all the needs for effective EV infrastructure regulations and can be
implemented in a timely manner.

2 a.k.a.Zoning ordinances
3 Some jurisdictions allow for local variances under “green” building code provisions.
4 A State or Province has the ability to require local jurisdictions to adopt general or specific building or zoning bylaw requirements
5 There are no conflicts between the Building code and Zoning bylaws with the National Electrical Code of Canada

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