Zoning Bylaw No. 823, 2018

Ashcroft, British Columbia · adopted 2018-07-23

This is the exact embedded text of the captured official document. Snapshot 4d0043d5f17b · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

VILLAGE OF ASHCROFT Zoning Bylaw Bylaw No. 823 October 2018 Village of Ashcroft Zoning Bylaw Village of Ashcroft Zoning Bylaw No. 823, 2018 WHEREAS Council wishes to repeal Village of Ashcroft Zoning Bylaw No. 738, 2005, and amendments thereto, and wishes to adopt a new Zoning Bylaw, pursuant to Section 479 of the Local Government Act; AND WHEREAS Council has held a Public Hearing pursuant to Section 465 of the Local Government Act. NOW THEREFORE Council of the Village of Ashcroft, in open meeting assembled hereby enacts as follows: 1. Village of Ashcroft Zoning Bylaw No. 738, 2005, and all amendments thereto are hereby repealed. 2. This Bylaw shall be cited as the "Village of Ashcroft Zoning Bylaw No. 823, 2018". 3. The following schedules attached hereto are hereby made part of this Bylaw and adopted as the Zoning Bylaw for the Village of Ashcroft: .1 Schedule A (Zoning Bylaw Text) .2 Schedules B (Zoning Bylaw Map) READ A FIRST TIME THIS 23rd DAY OF JULY, 2018 RECEIVED APPROVAL OF THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE THIS 10th DAY OF SEPTEMBER, 2018. READ A SECOND TIME THIS 24th DAY OF SEPTEMBER, 2018 PUBLIC HEARING HELD ON THIS 22nd DAY OF OCTOBER, 2018 READ A THIRD TIME THIS 22nd DAY OF OCTOBER, 2018 ADOPTED THIS 22nd DAY OF OCTOBER, 2018. Original Signed by Mayor Jeyes Original Signed by CAO Allen MAYOR CHIEF ADMINISTRATIVE OFFICER i SCHEDULE A ZONING BYLAW TEXT October 2018 Page (ii) TABLE OF CONTENTS 1.0 DEFINITIONS ......................................................................................................................... 1 2.0 ADMINISTRATION ................................................................................................................ 18 3.0 GENERAL PROVISIONS ........................................................................................................ 20 4.0 ESTABLISHMENT OF ZONES ................................................................................................. 33 5.0 A1 (AGRICULTURE 1) ZONE ................................................................................................. 35 6.0 RR1 (RURAL RESIDENTIAL 1) ZONE .................................................................................... 37 7.0 R1 (RESIDENTIAL 1) ZONE .................................................................................................. 39 8.0 RM 1 (RESIDENTIAL MULTIPLE DWELLING UNIT 1) ZONE ................................................. 42 9.0 MH1 (MOBILE HOME PARK 1) ZONE .................................................................................... 45 10.0 C1 (COMMERCIAL MIXED USE 1) ZONE ............................................................................... 46 11.0 M1 (INDUSTRIAL 1) ZONE ................................................................................................... 48 12.0 M2 (INDUSTRIAL 2) ZONE ................................................................................................... 51 13.0 P1 (PARK AND PUBLIC USE 1) ZONE.................................................................................... 52 14.0 VR (VILLAGE RESERVE) ZONE .............................................................................................. 53 15.0 SCREENING AND LANDSCAPING .......................................................................................... 54 16.0 OFF-STREET PARKING AND LOADING REGULATIONS ......................................................... 56 OCTOBER 2018 Page 1 1.0 DEFINITIONS In this Bylaw all words or phrases shall have their normal or common meaning except where this is changed, modified or expanded by the definitions set forth below: Abut or Abutting means immediately contiguous to, or physically touching. When used with respect to two parcels separated by a road or lane, means two parcels that share the road or lane centreline. Accessory Building means any building or structure that is used in conjunction with the principal building, but is separate from the principal building, and is located on the same parcel and includes garages, carports, sheds, soft-sided structures, and greenhouses. An accessory building or structure may be located on the common property in a bare land strata plan or on a strata parcel in that strata plan. Accessory buildings exclude heat pumps and other mechanical or electrical equipment, gas meters or propane tanks that are permanently affixed to a building or structure by way of plumbing or other duct work. Accessory Dwelling Unit means a self-contained dwelling unit located within a principal building or in an accessory building on the same parcel as a principal commercial, industrial or institutional building or use. Accessory dwelling units can only be used to provide accommodation for persons employed on the parcel, owner(s) of the parcel, or for a caretaker or operator associated with a commercial, industrial or institutional use on the parcel. An accessory dwelling unit does not include a suite and can only accommodate 2 or less persons. Accessory Use means a use or structure on the same parcel, with and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use may or may not be within the same building as the principal use. An accessory use is permitted at the same time or after a principal use is established on a parcel. Administrative Office means an office, including used for management, procurement, sales or recruitment that is ancillary to a commercial, industrial or resource extraction operation located at another site. Aggregate Storage and Processing means the use of a parcel, buildings or structure for the production of asphalt, gravel, sand, stone, soil and other aggregate materials through processes involving moving, storage, washing, screening, crushing and refining. Agricultural Use means a use providing for the growing, rearing, producing and harvesting of agricultural products, including the storing and processing on an individual farm of the primary agricultural products harvested, reared, or produced on that farm and the storage of farm machinery and implements used on the farm; and specifically includes a kennel and the keeping of horses, cattle, sheep, poultry, pigeons, ducks, geese, and other livestock. OCTOBER 2018 Page 2 Aisle means the area used by motor vehicles for access to and from all off-street parking spaces, but does not include an access driveway. Animal Hospital means a building where domestic animals (household pets), birds and livestock are kept for examination and/or treatment, including surgery, and where veterinary drugs and other related products, including pet food, may be sold. Apartment means a single building consisting of three or more dwelling units on a parcel, where each dwelling unit has its principal access from a shared common entrance or hallway. Ground level dwelling units may have the principal access from a shared common entrance or hallway or may have direct ground level access to the outside. Automobile Sales and Repair means a business engaged primarily in car, truck, farm equipment, tractor and recreational vehicle sales and/or rental. Automobile repair, painting, part sales and body or glass services may also be included, provided that these services are fully contained within the principal building. Automobile sales and vehicle servicing may exist separately as a use on a parcel or be combined. Auto Wrecking Yard means an area outside of an enclosed building where motor vehicles are disassembled, and where vehicles are not in operable condition and used parts of motor vehicles are stored and sold. Backyard Hen Enclosure means the use of land for the keeping of domestic hens for egg laying purposes where eggs are intended to be used for personal consumption. Beekeeping means the management of hives of bees for the production of honey. Boarder or Lodger means a person who pays compensation to reside in a separate or shared sleeping room in a dwelling unit, and who is not a member of the family residing in the residence. Boutique Industrial means the design, processing, fabrication, assembly, treatment, and packaging of products entirely within a building or structure in a small-scale manner that creates minimal odors, noises or fumes and includes the incidental storage, sales and distribution of such products. Typical products include, but are not limited to: electronic goods; food and bakery products; non-alcoholic beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; small tool manufacturing; glass or ceramic production; and paper manufacturing. Building means a structure located on the ground and supported by columns or walls which is designed, erected or intended for the support, enclosure or protection of persons, animals, or property. Building Inspector means the official or officials appointed by the Council of the Village of Ashcroft to administer and enforce the provisions of the BC Building Code, the Village of Ashcroft Building Regulations Bylaw and this Bylaw. OCTOBER 2018 Page 3 Building, Principal means a building in which is conducted the main or principal use of the parcel on which it is located. Building Supply and Lumber Yards means the supply and storage of materials that are incorporated into the structure of a building including hardware, lumber, wall-paneling, and carpet, but excluding furniture and appliances that are normally removed by the owner upon the sale of a building, and excluding concrete mix plants and other building supply manufacturing and processing plants. Materials may be stored outside of the principal building on the same parcel. Building Width means the lesser of the two horizontal dimensions of a building or structure. In the case of a mobile home, this means the width of the mobile home exclusive of any structural additions attached thereto which were not a section or intended to be a section of the mobile home at the time of its manufacture. C Zone means the C1 zone. Campground and RV Park means land that is used to provide temporary accommodation in tents, tent trailers, travel trailers, recreational vehicles and non-permanent structures that contains no more than one single-family dwelling and no more than one convenience store but does not include a worker camp. Cannabis means all parts of the genus cannabis whether growing or not and the seed or clone of such plants. Carport means a roofed structure that is enclosed less than 75% around the perimeter and is used for the residential parking of automobiles. Cargo Container means a container designed for the storage or transport of goods, including a container designed for the intermodal transportation of freight or goods, but excludes dumpsters and recycling receptacles. Commonly referred to as a sea-can. Cemetery means and includes any parcel or tract of land set aside, used, maintained or operated as a place for the interment of the remains of dead persons. Chief Administrative Officer means the person duly appointed by the Council, and includes the Chief Administrative Officer designate. Club or Lodge means a building or establishment used by an association or organization for fraternal, social, or recreational purposes with cooking facilities and which will be operated for the use of club members and their guests only. Council means the Council of the Village of Ashcroft. OCTOBER 2018 Page 4 Deck means a platform with at least one side open that is attached to or adjacent to a dwelling unit with a minimum vertical distance to the finished grade below the deck of 0.6 m (2.00 ft.). Decks may or may not have direct ground access. Density, Gross means a measure of the intensity of development to the area of the parcel. Gross density is typically measured in units/hectare and is calculated by the total number of residential units in a development area divided by total development area, which includes all roads, utility rights-of-way and greenspaces within the development area. Dwelling means a standalone building designed to contain one or more dwelling units for the purpose of permanent habitation on a full-time basis. A dwelling does not include hotels, motels, or community care facilities. Dwelling, Duplex means a building used or designed for use as two self-contained dwelling units above and below each other, with each having direct access or shared access to the outside. A duplex may be designed and constructed as two dwelling units at initial construction or through the conversion of an existing building. FIGURE 1.1: ILLUSTRATION OF DWELLING, DUPLEX Dwelling, Fourplex means a building having four dwelling units located above or below each other or four side by side units facing the front property line that each share a party wall with each other. A fourplex may have a common entrance foyer or individual entrances. Each dwelling unit within a fourplex has a separate sewer and water hookup. Dwelling, Podium means one or more dwelling units located above a commercial use permitted within the same zone such that no dwelling unit shares an entrance with a commercial use. Dwelling, Row House means three or more of a series of dwellings, often of similar or identical design, situated side by side and joined by common walls. Dwelling, Semi-Attached means a building used or designed for use as two self-contained dwelling units, each having direct access to the outside at grade level, and where neither unit is wholly or partly above the other. The individual units within a semi-attached building may be side by side, with the main entrances to each dwelling unit facing the front property line. Semi-attached units may also be front- OCTOBER 2018 Page 5 to-back, with the main entrance of one dwelling unit facing the front property line and the main entrance of the other dwelling unit facing the rear property line. This is illustrated in Figure 1.2. FIGURE 1.2: ILLUSTRATION OF DWELLING, SEMI-ATTACHED Dwelling, Single Detached means a building that contains only one dwelling unit and is completely separated by open space on all sides from any other structure, except its own garage or shed. This use includes manufactured homes that conform to CSA A277 or CSA Z240 standards. Dwelling, Triplex means a building having three dwelling units located above or below each other or three side by side units facing the front property line where each share a party wall with each other. A triplex may have a common entrance foyer or individual entrances. Each dwelling unit within a triplex has a separate sewer and water hookup. Dwelling Unit means two or more rooms used or intended to be used as the permanent home or residence of a family that contains only one cooking facility, with sleeping and bathing facilities. Emergency and Protective Services means and includes, but is not limited to, a public facility used by police, fire protection, ambulance, and search and rescue services. Entertainment Services means any building or land used for the provision of entertainment on a user- pay basis. Facilities may include, but are not limited to, amusement arcade, billiard and pool hall, bowling alleys, and mini-golf. Fence means a railing, trellis, or other screening forming a boundary to or enclosing a parcel or part thereof. Financial Institution means the provision of financial and investment services by a bank, trust company, investment dealer, credit union, mortgage broker, insurance company, financial planners and advisors or related businesses, and may include a drive-through. Floor Area means the total area of all the floors of a building measured to the extreme outer limits of the building, including enclosed porches, verandas, and balconies, but excluding areas used for parking. Fruit and Vegetable Stand means accessory building or structure used for retailing agricultural products. OCTOBER 2018 Page 6 Funeral Services means a building designed for the purpose of furnishing supplies, funerals, viewing and related services to the public and includes facilities intended for the preparation of the dead human body for interment which may include cremation. Guest Home means a Single-Detached Residential dwelling unit, a dwelling unit in a Duplex Residential dwelling or a dwelling unit in a Multi-Unit Residential dwelling where such dwelling unit is used in its entirety as one dwelling for Short-Term Rental. Guest Room means a habitable room used for Short-Term Rental and that does not contain cooking facilities Guest Suite means a Suite (Attached or Detached) used for Short-Term Rental. Health Services means the use of a building or buildings for the provision of a physical or mental health service on an out-patient basis and includes but is not limited to medical and dental offices, chiropractors, massage therapists, acupuncture clinics, reflexology clinics, health clinics and counseling services. Height means the vertical distance from the average finished ground level at perimeter of the building structure to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to the mean level between the eaves and the edge of a table, hip, gambrel, or other sloping roof, and in the case of a structure without a roof, to the highest point of the structure. Highway means a street, road, trail, lane, bridge, viaduct and any other way open to the use of the public under the Transportation Act, but does not include a private right of way on private property. Home Business means a small-scale business carried out entirely within the principal dwelling that provides professional or personal services. Home businesses must be clearly incidental and accessory to the use of the principal dwelling for residential purposes and must be operated solely by one or more residents of the principal dwelling. Home Industry means a small-scale industry carried out entirely within the principal dwelling or an accessory building or structure that provides trades related services. A home industry must be clearly incidental and accessory to the use of the principal dwelling for residential purposes and must be operated solely by one or more residents of the principal dwelling. Home Occupation means a small-scale occupation, profession, or craft carried out entirely within the principal dwelling or an accessory building or structure only by one or more residents of the principal dwelling. The home occupation must be clearly incidental and accessory to the use of the dwelling for residential purposes, and specifically excludes retail cannabis sales. There are two types of home occupations, a home business or home industry. OCTOBER 2018 Page 7 Hospital means the use of land and buildings as a hospital, as defined by the Hospital Act, RSBC 1996, c 200. Hotel means a building that provides rooms or suites for temporary sleeping accommodation where each room or suite is accessed by an enclosed common interior corridor and may be equipped with individual kitchen facilities. A hotel may include an office for hotel administration, a restaurant, and/or meeting rooms. Household means: a) An individual, or two or more persons related by blood, marriage, adoption, or foster parenthood sharing one dwelling unit; or b) Not more than three unrelated persons sharing one dwelling unit. Industry, Heavy means the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, a use engaged in the storage or manufacturing of flammable or explosive material, or other manufacturing processes that potentially involve hazardous or commonly recognized offensive odors and includes any administrative, office or employee facilities associated with the use. Industry, Light means the manufacturing of goods, products and materials carried on predominantly inside of a premise, which may create minor noise, smoke, dust or other emissions and may include on- site storage of raw materials for its production. Manufacturing includes the repair of goods, products and materials that are produced on-site and any administrative, office or employee facilities associated with the use. Junk Yard means an area outside of an enclosed building where junk, waste, used building materials, used industrial materials, scrap metal, or used, discarded or salvaged materials are put, sold, exchanged, stored, baled, packed, disassembled, or handled. A junk yard will not be constructed to include the arrangements for the sale, purchase, or storage of used furniture, used cars in operable condition or the processing of used, discarded, or salvaged materials as a minor part of a manufacturing operation. Kennel means a building, structure, compound, pen, cage or property in which 4 or more dogs are kept for any purpose and excludes animal hospitals. Key Lock Fuel Installation means any building or land used or intended to be used for the sale of fuels or lubricants to vehicles and equipment, either through the use of keys, cards or service attendants, but does not include a motor vehicle service station. Landscaping means the planting of lawns, shrubs or trees, and the addition of fencing, walks, drives or other structures and materials as used in landscape architecture. OCTOBER 2018 Page 8 Lane means a public thoroughfare that provides only a secondary means of access to a parcel at the side or rear. Loading Space means an on-site space reserved for temporary parking for the purpose of loading or unloading goods and materials. M Zone means the M1 and M2 zones. Manufactured Home means a dwelling built under CSA standards Z240 or A277 designed to provide residential accommodation, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried, and includes mobile homes and modular homes but does not include travel trailers, recreational vehicles, or campers. Manufactured Home Park means a parcel of land upon which two or more manufactured homes are located, and includes all buildings and structures used or intended to be used as part of such Manufactured Home Park, but excludes any dwelling unit that is not a manufactured home with the exception of one dwelling unit for the caretaker or operator of a Manufactured Home Park. Medical Cannabis means cannabis that is produced by a producer licensed by Health Canada and is prescribed by a medical professional for administration to treat or alleviate a qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition under the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230. Medical Cannabis Operation means cultivating, growing, producing, packaging, storing, distributing, dispensing, advertising, trading or selling of cannabis or any products containing or derived from cannabis or marihuana for uses exclusively for medical purposes as permitted under the federal government's Access to Cannabis for Medical Purposes Regulations, SOR/2016-230 or any subsequent legislation which may be enacted in substitution thereof. Mixed Use means a building that is used for a combination of commercial and residential uses. Mobile Home means a manufactured home that is constructed in a factory, designed to be towed from site to site and subject to Canadian Standards Association (CSA) Z240 Mobile Home Series of Standards. CSA Z240 Standards are specifically for homes that may be moved from one home site to another. Modular Home means a manufactured home that is constructed on site from factory assembled modules. These homes have a CSA A277 label to show that they were built in a certified factory and must meet local Bylaws and the BC Building Code. Modular homes are not typically moved from one home site to another. Motel means a building or group of buildings containing sleeping units occupied or intended to be occupied temporarily by automobile tourists or transients, with each unit having its own individual outside OCTOBER 2018 Page 9 access and parking space conveniently located on the site and each dwelling unit being self-contained having its own bathroom with a water closet, wash basin and a bath or shower, with or without cooking facilities. Motor Vehicle Service Station means premises primarily for the sale of motor vehicle fuels, lubricating oil and motor vehicle accessories directly to the users of motor vehicles and the servicing of motor vehicles, excluding body works and painting. Municipality means the municipal area contained within the boundaries of the Corporation of the Village of Ashcroft. Natural Boundary means the visible high-water mark of any lake, river, stream, or other body of water where the presence and action of the water are so common and usual, and so long continued as to mark the soil of the bed of the body of water a character distinct from that of its banks, in vegetation and the nature of the soil and as determined by a surveyor. Non-Conforming Use means a use that is a variance of an existing zoning bylaw, permitted because the use of the land was legal before the ordinance was passed. If the non-conforming use is discontinued for period of time or the building is damaged, the nonconforming use is no longer permitted and any use on the property must meet the requirements of this Zoning Bylaw. The specific non-conforming use regulations are set out in the Local Government Act. Office, Professional means a building or part thereof used for the practice of a profession, the carrying on of a business, or the administration of an industrial activity that is conducted off site, and includes, but is not limited to, medical, dental, chiropractic, psychiatric, legal, accounting, optometrist, real estate, newspaper, and government offices. Office, Trade Contractor means offices that include trades, contractors, storage for trades, and related industries including, but not limited to, electrical, fabricating, flooring, heating, painting, plumbing, refrigeration, roofing, septic services and ventilation, air conditioning and natural resource development. Trade contractor offices may include the indoor and outdoor storage of materials, equipment and machinery that is directly related to the activities of a particular trade contractor office. Open Space means vacant land used for recreation activities such as walking, cycling, running, hiking, snowmobiling, and all-terrain vehicle use. P Zone means any park and institutional zone and includes the P1 zone. Panhandle means a narrow strip of land which, as an integral part of the parcel, provides frontage and access to a highway. OCTOBER 2018 Page 10 Panhandle Lot means any parcel which gains road frontage through the use of a narrow strip of land which is an integral part of the parcel called a panhandle but which panhandle is not included when calculating the area of such parcel or the front yard setback requirement. Parcel means any lot, block or other area in which land is held, or into which it is subdivided, including a strata lot within a bare land strata plan as defined by the Strata Property Act, SBC 1998, c 43, but does not include a public thoroughfare or access route. Parcel Area means the total area of land comprising the parcel but excluding any panhandle. Parcel, Corner means a parcel abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle or less than 135°. For the purposes of this definition, the front yard is the yard adjacent to the shortest boundary abutting on a street or right of way. Parcel Coverage means the sum of the areas of the building footprints of every building or structure on the parcel. Parcel coverage is expressed as a percentage of the parcel area, and in the case of a building or structure with no walls the building footprint shall be the horizontal area within the drip line of the roof. Parcel Depth means the shortest horizontal distance between the front and rear parcel lines. Parcel Frontage means the length of that parcel boundary which abuts a highway, or access route in a bare land strata, and for this purpose "highway" does not include a walkway or emergency access route. Parcel, Interior means a parcel other than a corner parcel. Parcel Line means the legally defined boundary of any parcel. - Equivalent Front Parcel Line means a line drawn between the intersect points of the side parcel line and the front parcel line on parcels with curved front parcel lines, as illustrated in Figure 1.3. - Exterior Side Parcel Line means a side parcel line which abuts the highway (excluding a lane, pathway, walkway, or trail) on a corner parcel, as illustrated in Figure 1.4. - Front Parcel Line means any parcel line common to a parcel and one highway other than a lane as illustrated in Figure 1.3. Where a parcel is contiguous to the intersection of two (2) highways, the front parcel line is the shortest parcel line contiguous to a highway other than a lane. OCTOBER 2018 Page 11 - Interior Side Parcel Line means a parcel boundary between two (2) or more parcels or a lane, other than a front or rear parcel line, as illustrated in Figure 1.4. - Rear Parcel Line means the boundary of a parcel which lies the furthest from, and is not connected to, the front parcel line, as illustrated in Figure 1.4. Figure 1.3: ILLUSTRATION OF EQUIVALENT FRONT PARCEL LINES OCTOBER 2018 Page 12 Figure 1.4: ILLUSTRATION OF PARCEL LINES Parcel Width means the distance between side parcel lines measured at right angles to the parcel depth at a point midway between the front and rear of the lot and approximately parallel to the highway (street) line. Park means land for public uses, outdoor recreational purposes that may or may not include outdoor recreational facilities and includes archaeological, historical or natural sites, and does not include stormwater management ponds. Parking Lot means a parcel or part of a parcel or a building available to be used for the temporary parking of more than one vehicle. Parking Space means an off-street space of the size and dimensions to park one vehicle in conformance with the off-street parking requirements of this Bylaw, exclusive of driveways, aisles, ramps or obstructions. Personal Service Establishment means a use that provides personal services to an individual related to the care and appearance of the body or the cleaning and repair of personal effects, including barber shops, hairdressers, manicurists, tailors, dress makers, shoe repair shops, and laundries; but does not include health services. Place of Worship means a building wherein people regularly assemble for religious worship and related religious, philanthropic, or social activities which is maintained and controlled for public worship. Typical uses include but are not limited to churches, chapels, synagogues, monasteries, temples, and convents. It also includes an accessory dwelling unit for the caretaker or someone of a similar position. OCTOBER 2018 Page 13 Porch means a platform, with or without a foundation and/or basement with at least one (1) side open, that may be covered by a roof or other structural element, with direct access to the ground and is attached to the dwelling. Principal Building means the building which contains the principal use of the parcel and shall include attached garages or carports. Principal Residence means the usual dwelling unit where an individual makes their home. Principal Use means the main purpose for which a parcel, building, or site is used. Public Utility means a system, work, building, plant or works equipment, works yard or resource owned by a public or private utility company or government agency for the provision of water, sewer, drainage, gas, electricity, transportation, or communication services. R Zone means any residential zone, and includes the R1, RR1, RM1 and MH1 zones. Recreational Vehicle (RV) means a vehicle capable of being licensed under the Motor Vehicle Act, which is designed for the temporary accommodation of people, and includes motor homes, camper vans, tent and camper trailers, fifth wheels and other motor vehicles converted or adapted for temporary human accommodation. Recycling Centre means the buying, selling, collection, sorting, baling, packing, or temporary storage of recyclable materials including cardboard, plastics, glass, paper, bottles, cans and similar household goods and electronics, household appliances, office equipment, and batteries, where all storage is contained within an enclosed building. This use does not include a junk yard. Restaurant means an establishment where food and beverages are sold to the public, and includes dine-in and take-out restaurants and drive-throughs. Resource Development means any activity required to develop or extract natural resources from the land. This includes mining, forestry, exploration and extraction activities and can also include related processing plants, administrative facilities and employee facilities. Retail Cannabis Operation means cultivating, growing, producing, packaging, storing, distributing, dispensing, advertising, trading or selling of cannabis or any products containing or derived from cannabis or marihuana, and specifically includes retail cannabis sales, but excludes uses exclusively for medical purposes as defined in Medical Cannabis Operation. Retail Cannabis Sales means a business that sells cannabis but excludes the sale of cannabis for exclusively medical purposes where that sale is made in accordance with federal medical cannabis or medical marihuana enactments and regulations. OCTOBER 2018 Page 14 Retail Store means a building where goods, wares, merchandise, substances, articles or things are offered or kept for sale at retail, including storage of limited quantities of such goods, wares, merchandise, substances, articles or things sufficient only to service such store, but specifically excludes a building offering retail cannabis sales. Sanitary Landfill means a refuse disposal site for the disposal of municipal solid waste, and which: i. is solely for the disposal of municipal solid waste as determined by the provincial agency having jurisdiction; ii. is under the operational control of the Thompson-Nicola Regional District or the Greater Vancouver Sewerage and Drainage District; and which iii. is authorized under provisions of the Environmental Management Act, SBC 2003, c 53. School means a development that involves public assembly for education, training or instruction which is publicly or privately supported and includes the administration offices required for the provision of such services on the same site. Typical uses include but are not limited to public and private schools, community colleges, universities, and technical and vocational schools, and their administrative offices. Screening means a continuous fence, wall, compact evergreen hedge or combination thereof, supplemented with landscaped planting, that would effectively obscure direct vision of the property which it encloses, and is broken only by access drives and walks. Setback means the horizontal distance measured at right angles to the parcel line, between the parcel line and the exterior wall of the building or structure as illustrated in Figure 1.5. OCTOBER 2018 Page 15 FIGURE 1.5: Setbacks Sign means any structure, device, advertisement, advertising device or visual representation intended to convey information or to advertise or attract attention to a product, service, place, event, person, institution or business and which is visible from any property other than the one on which it is located. Short-Term Rental Accommodations means a Guest Home, Guest Suite, Guest Rooms, or part thereof in a residential zone wherein accommodation is offered for rent, or rented, to the travelling public on a temporary basis (31 days or less). Soft-sided Structure means a structure composed of flexible, water-resistant or waterproof material, often cloth such as canvas or polyester coated with urethane or made of plastics such as polyethylene. Storey means, as defined by the BC Building Code, that portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it. Structure means a construction of any kind, whether fixed to, supported by, or sunk into land or water which requires permanent location on the ground or something attached to the ground, and includes buildings, walls, decks, fences, tanks, pools, piers, sheds, display signs, poles and towers. Suite, Attached means a self-contained, accessory dwelling unit located within a single detached dwelling, which has one or more habitable rooms used or intended for use as a residence by one or more persons living as a household. An attached suite has sleeping, cooking and bathing facilities which are separate from the facilities of the principal dwelling in which the attached suite is located. Attached OCTOBER 2018 Page 16 suites must contain a separate private entrance, which is enclosed from the rest of the principal single detached dwelling. Attached suites are most commonly in the form of a "basement suite". Suite, Detached means a self-contained, accessory dwelling unit located in a building completely separate from the principal single detached dwelling, which has one or more habitable rooms used or intended for use as a residence by one or more persons living as a household. A detached suite has sleeping, cooking and bathing facilities which are separate from the facilities of the principal dwelling located on the same parcel and may be contained within a separate building on the same parcel as a single detached dwelling (garden suite) or as part of a detached garage (garage suite). Supportive Housing means housing consisting of dwellings with support services onsite that may or may not include collective dining facilities, laundry facilities, counselling, educational services, homemaking and transportation. Temporary means a period of two years or less. Transportation Terminal means any parcel, structure or building used predominantly for the movement of people, including bus depots, taxi stations and related administrative, storage and maintenance facilities. Use means the purpose or function to which land, buildings, or structures are designed, intended to be put or put. Yard means an area created by a setback, as illustrated in Figure 1.5. - Front Yard means that portion of the parcel extending across the full width of the parcel from the front parcel line to the face of the nearest exterior wall of the principal building on the parcel except in the case of a corner parcel, the front yard shall parallel the shortest boundary thereof abutting on a street or right of way. - Exterior Side Yard means the portion of the parcel extending from the front yard to the rear yard side yard that abuts a highway. - Interior Side Yard means a side yard other than an exterior side yard. - Side Yard means the portion of the parcel extending from the front yard to the rear yard and lying between the side parcel line and the face of the nearest exterior wall of the principal building on the parcel. - Rear Yard means the part of a parcel lying between the rear parcel line and the rear of the principal building and extending across the full width of the parcel. Warehousing means the use of enclosed buildings and structures primarily for the shipping, receiving, wholesaling and storage of large quantities of goods. OCTOBER 2018 Page 17 Xeriscaping means a method of landscape design that minimizes water use including water-conserving and drought-tolerant landscaping techniques. Plants whose natural requirements are appropriate to the local climate are emphasized, and care is taken to avoid losing water to evaporation and run-off. Zone means a zone created by this Bylaw or as amended or as replaced. OCTOBER 2018 Page 18 2.0 ADMINISTRATION Purpose 2.1 The purpose of this Zoning Bylaw is to provide a clear and efficient system of land use regulation within the Village of Ashcroft. This will ensure orderly, economic, equitable and environmentally sensitive use, development and redevelopment of lands within the Village of Ashcroft with regard to the provisions and contents of the Village of Ashcroft's Official Community Plan Bylaw. Application 2.2 This Bylaw shall be applicable to all land, buildings and structures including surface water within the boundaries of the Village of Ashcroft as defined in the Letters Patent and amendments thereto. Conformity 2.3 Land, including air space and the surface of water, shall not be used and buildings and structures shall not be constructed, altered, located or used except as specifically permitted in this Bylaw. Severability 2.4 If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Bylaw. Applicable Regulations 2.5 Where this Bylaw sets out both general and specific regulations that could apply to a situation, the specific regulations shall apply. Compliance with Other Bylaws and Legislation 2.6 In addition to this Bylaw, a person is responsible for determining and complying with the requirements of all other applicable municipal bylaws, and provincial and federal statutes and legislation. Figures 2.7 All figures used in this Bylaw are for illustrative purposes only and are not to scale. Measurements 2.8 All dimensions and other measurements in this Bylaw are expressed in the standard International Units (Metric) System. OCTOBER 2018 Page 19 Inspection and Administration 2.9 The Village Clerk or such other person appointed by the Council shall administer this Bylaw. 2.10 Persons appointed under Section 2.9 may enter any building or premises at any reasonable time for the purpose of administering or enforcing this Bylaw. Violation 2.11 Every person who: .1 Violates any of the provisions of this Bylaw; .2 Causes or permits any act or thing to be done in contravention or violation of any of the provisions of this Bylaw; .3 Neglects or omits to do anything required under this Bylaw; .4 Carries out, causes or permits to be carried out any development in a manner prohibited by or contrary to any of the provisions of this Bylaw; .5 Fails to comply with an order, direction or notice given under this Bylaw; .6 Prevents or obstructs, or attempts to prevent or obstruct, the authorized entry of an officer onto property under Section 2.9; or .7 Commits an offence under this Bylaw and is liable to a penalty as set out in Section 2.12. Penalty 2.12 Every person who commits an offence under the Bylaw is liable, on summary conviction, to a penalty not exceeding $2000.00 and the cost of prosecution as outlined in the Offence Act, RSBC 1996, c 338. .1 Each day during which such a violation is continued shall be deemed to constitute a new and separate offence. Prohibition 2.13 Subject to the provisions of the Local Government Act respecting non-conforming uses, land shall not be used, and building and structures shall not be constructed, altered, located, or used contrary to this Bylaw. OCTOBER 2018 Page 20 3.0 GENERAL PROVISIONS Applicability of General Regulations 3.1 Except as otherwise specified in this Bylaw, Section 3 applies to all zones established under this Bylaw. Non-Conforming Parcels 3.2 A parcel on the official records on file at the Land Title Office in British Columbia before the adoption date of this Bylaw that does not adhere to the parcel area and width requirements will be considered a legal non-conforming parcel and will be granted the permitted uses as identified in this Bylaw. 3.3 Legal non-conforming uses and buildings are subject to the legal non-conforming use provisions of the Local Government Act. Public Utilities 3.4 Public utility facilities for the transmission of water, sewage, electrical power, telephone, natural gas, cable television, fibre optic and other similar services (but not including water and sewage treatment plants or electrical substations) are permitted in all zones and individual parcels, as the facilities are exempt from minimum parcel size requirements. Permitted Uses 3.5 Any use not expressly permitted in this Bylaw is prohibited in every zone and where a particular use is expressly permitted in one zone, such use is prohibited in every zone where it is not also expressly permitted. Uses Permitted in Any Zone 3.6 Except where specifically excluded, the following uses, buildings and structures are permitted in every zone: .1 Uses, buildings and structures which are accessory to a principal permitted use, building or structure on the same parcel; .2 Underground telecommunication lines and cables and telephone exchange buildings; .3 Pipelines, telecommunication towers and wires, traffic control devices, and clock towers; .4 Underground or submarine utility systems; .5 Parks, open space, community gardens, playgrounds and playing fields, hiking and bicycling paths and ecological reserves; .6 Public works yards; .7 Transportation rights-of-way established by a government or Crown corporation; and OCTOBER 2018 Page 21 .8 Utilities. Prohibited Uses 3.7 Medical Cannabis Operations and Retail Cannabis Operations are prohibited in all zones, except for the production of cannabis by a registered person authorized to produce cannabis for their own medical purposes or by a designated person authorized to produce cannabis for a registered person in accordance with Part 2 of the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230. Agricultural Land Reserve 3.8 All lands designated as "Agricultural Land Reserve" pursuant to the Agricultural Land Commission Act is subject to the provisions of the Agricultural Land Commission Act, and all applicable conditions, orders, and regulations. Height Exceptions 3.9 The maximum height regulations of this Bylaw do not apply to the following, provided that no such structure covers more than 20% of the parcel, or if located on a building, not more than 15% of the roof area of the principal building: .1 Chimney, smoke stacks; .2 Church spires; .3 Cranes; .4 Domes or cupolas; .5 Elevator housings; .6 Flagpoles; .7 Floodlights; .8 Hose and fire alarm towers; .9 HVAC units; .10 Masts and aerials; .11 Roof stairway entrances; .12 Silos; .13 Skylights; .14 Stadiums (including bleachers); .15 Telecommunications towers; .16 Transmission towers; .17 Utility poles; .18 Warning devices; and .19 Water towers. OCTOBER 2018 Page 22 3.10 In all R zones, the roofline of the attached carport may not exceed the maximum height of the rest of the principal building. Subdivision of Land 3.11 No owner, occupier or other person shall subdivide any land, except in compliance with the provisions set out in this Bylaw. Principal Buildings 3.12 No more than one principal building shall be located on the same parcel except as otherwise provided for in this Bylaw. Parcel Area and Width 3.13 A parcel on the official records on file in the Land Registry Office before the adoption date of this Bylaw that does not adhere to the parcel area and width requirements will be considered a legal non-conforming parcel and will be granted the permitted uses as identified in this Bylaw. 3.14 Except as permitted in the regulations below, no parcel will be reduced in area, either by the conveyance or alienation of any portion thereof or otherwise such that any of the provisions and regulations of this Bylaw are not complied with. 3.15 Minimum parcel size regulations do not apply where lot lines are relocated to facilitate an existing development, provided that: .1 no additional parcels are created; .2 all parcels are contiguous; and .3 no parcel shall be enlarged to a size permitting further subdivision. 3.16 The minimum parcel size required by this Bylaw may be reduced by a maximum of ten percent (10%) if part of the proposed parcel is required for the purpose of widening an existing highway or right of way. 3.17 The minimum parcel size required by this Bylaw may be reduced by a maximum of ten percent (10%) under the following conditions: .1 the minimum parcel width set out in this Bylaw, or set by the Approving Officer, is attained; .2 the minimum parcel area needs to be reduced in order to allow the length of the parcel to be reduced; and OCTOBER 2018 Page 23 .3 the reduction in minimum parcel size (and resulting reduction in required length) is required in order to allow a subdivision to fit within an extension of the standard grid of streets, avenues, and lanes in the Village of Ashcroft. Irregularly Shaped Parcels 3.18 Notwithstanding other provisions of this Bylaw, irregular or asymmetrical parcels shall have a parcel frontage of not less than 8 m in width, provided that the average parcel width complies with the required minimum parcel width. Location and Siting of Buildings 3.19 No principal building shall be located in any required front, side or rear yard. 3.20 All principal and accessory buildings shall be sited in accordance with the standards as provided in tables within each section. 3.21 Any person(s) erecting a residential building on a parcel of land so that any main wall is nearer than 10.0 m to Highway 97C shall be required to screen and buffer the residential use from these highways in accordance with Section 15.13. Interior Side Parcel Line Setback Exception of Bare Land Strata Parcel 3.22 The interior side parcel line setback requirements of this Bylaw shall not apply to strata parcels where there is a common wall shared by two or more dwellings. Setbacks 3.23 Minimum setbacks, sight triangles and other criteria must be in compliance with applicable sections of the Transportation Act, SBC 2004, c44, and associated regulations. Projections into Setback Areas 3.24 No part of any building or structure shall project into a required front, side or rear yard setback required by this Bylaw, except for the following: .1 Steps and landings complete with handrails, fireplaces, balconies, and awnings provided that such projections do not exceed 1.8 m and are not closer than 1.5 m to the parcel line. .2 A covered porch addition projecting no more than 2.4 m in width and 1.2 m in depth. .3 Wheelchair ramps may project without any limit. .4 Eaves, gutters, cornices, sills, belt courses, bay windows, dormers, chimneys, or other similar features may project no more than: .1 1.0 m into a side yard where the minimum side yard is 3.0 m; OCTOBER 2018 Page 24 .2 0.5 m into a side yard where the minimum side yard is 1.5 m; and .3 1.0 m into a front yard or rear yard. .5 An uncovered patio, sundeck, or terrace in a side or rear yard, subject to the fence height limitations as specified in this Bylaw, that is not closer than 1.5 m to the parcel line. .6 Arbors and trellises, fish ponds, ornaments, flag poles or similar landscape features. .7 A swimming pool, provided that such pool will not be constructed within the required front yard, or nearer than 3.0 m to any exterior or interior side or rear parcel line, nor nearer than 3.0 m to any principal building, and provided that any structure over a pool will be constructed so that the roof or ridge of such structure will not be in excess of 4.0 m above average grade level and provided that all other provisions of this Bylaw are met. .8 Motor vehicle service station pumps or pump islands in a required front yard or side yards, subject to other regulations of this Bylaw. .9 Underground structures may be sited in any portion of a parcel provided that the top surface of such structure at no point extends above the average finished ground level and provided that the installation of the underground structure does not require the use of or impact of adjacent property. 3.25 Where a common wall shared by two or more units within a building for residential use, commercial use, or industrial use coincides with an interior side parcel line of a parcel subdivided under the Land Title Act or of a strata parcel shown on a registered strata plan, the setbacks for the principal building specified in this Bylaw with respect to the interior side parcel line shall not apply. 3.26 No building or structures or part thereof except a fence will be located within the setback requirement from Highway 97C as set out by the Ministry of Transportation and Infrastructure. Accessory Buildings and Structures 3.27 No accessory building or structure shall be erected on any parcel unless the principal building to which the accessory building is an incidental use has been erected simultaneously with said building. 3.28 A mobile home is not permitted as an accessory building in any zone. 3.29 Accessory buildings or structures are not permitted in the front yard in any zone. 3.30 Not more than two-thirds (2/3) of the width of the rear yard of any parcel in an R zone shall be occupied by accessory buildings. OCTOBER 2018 Page 25 3.31 Accessory buildings shall be located at least 2.0 m away from any principal building and 2.0 m away from any parcel line, except as provided in Section 3.33 or Section 3.34. 3.32 On corner parcels, accessory building and structure setbacks from the exterior side parcel line shall be equal to the front parcel line setback. 3.33 Greenhouses may be located 0.9 m from side and rear parcel lines, except as provided in Section 3.34. 3.34 Where an accessory building or structure has a floor area of less than 6.7 m2, including projections, it may be located adjacent to a side or rear parcel line, except in the M1 zone. Accessory Dwelling Units 3.35 Where permitted, all accessory dwelling units must comply with the following regulations: .1 Accessory dwelling units are only permitted in conjunction with a permitted principal commercial, industrial or institutional use. .2 A maximum of one accessory dwelling unit is permitted per parcel, unless otherwise indicated. .3 Accessory dwelling units are only permitted as an accessory use. .4 Accessory dwelling units must be fully separated from the associated principal use by walls, partitions and/or floors. 3.36 Accessory dwelling units will be a maximum of 65 m2. 3.37 If located within a principal building, an accessory dwelling unit must: .1 Have an entrance from the exterior of a building which is separate from the main entrance of the principal use. .2 Share common utility connections with the principal building. .3 Must not exceed 25% of the principal building's floor area, notwithstanding Section 3.36. 3.38 Accessory dwelling units may only be occupied by owners, employees or operators of the associated principal use. Suites 3.39 Only one suite is permitted per parcel in those residential zones where suites are allowed. 3.40 Suites shall be considered an accessory use to a single-detached dwelling and are only permitted on parcels containing a single-detached dwelling. OCTOBER 2018 Page 26 3.41 Only one suite per parcel is permitted in zones that permit suites as an accessory use. 3.42 The day-to-day or week-to-week occupancy of suites is prohibited. Suites may only be rented for periods longer than one month in duration except as outlined in Section 3.43. 3.43 Any use of a suite for Short-Term Rental Accommodations will require a Business Permit to be issued by the Village of Ashcroft. 3.44 One off-street parking space must be provided on-site for a parcel that contains a suite, in addition to the required parking spaces for a single-detached dwelling. 3.45 All suites must meet the BC Building Code requirements and pass inspection from the Village's Building Inspector. 3.46 A suite shall not alter the character of the principal single detached dwelling. 3.47 Suites shall not be subdivided or strata titled. Attached Suites 3.48 All attached suites must adhere to the following regulations: .1 Be a minimum of 40 m² in size and not exceed 90 m² or 40% of the gross floor area of the principal dwelling; and .2 Contain a separate private entrance from the primary entrance(s) of the principal dwelling. Detached Suites 3.49 All detached suites must adhere to the following regulations: .1 Be connected to the water and sanitary sewer service of the principal dwelling; .2 Shall not exceed a gross floor area of 60 m²; .3 Shall not exceed a height of 6.6 m when the detached suite is located in the second storey of an accessory building or 4.5 m when the detached suite is located in a single storey accessory building; .4 Shall be located in the rear yard, with the exception of a suite on top of an existing detached garage that has no portion of the garage in the front yard of the parcel; .5 Shall be set back a minimum of 5.0 m from the rear of the principal dwelling, except detached suites on top of an existing detached garage; .6 Adhere to the setback requirements for accessory buildings; .7 Basements are prohibited in detached suites; and .8 Service cables including electrical, telephone and television will be buried underground if underground servicing is the normal practice in the neighborhood where the detached suite is located. OCTOBER 2018 Page 27 Boarders and Lodgers 3.50 The minimum length of stay for any boarder or lodger shall not be less than 28 consecutive days. 3.51 A parking space is required for every sleeping unit and shall be in addition to those otherwise required for the single-detached dwelling, to a maximum of 15% of the total parcel area. 3.52 The keeping of no more than 2 boarders or lodgers shall be permitted in each single- detached dwelling unit. In the case of a dwelling unit in a duplex, triplex, row house or apartment, the keeping of not more than one boarder per unit shall be permitted. Short-Term Rental Accommodation 3.53 Where permitted within a zone, a bed and breakfast operation must comply with the following regulations: .1 All operators of Short-Term Rental Accommodations must hold a valid Business License from the Village of Ashcroft; .2 A Short-Term Rental Accommodation must be operated by someone who lists the property as their principal residence; .3 A Short-Term Rental Accommodation must be clearly incidental and secondary to the use of the dwelling for residential purposes; .4 The maximum number of bedrooms available for Short-term Rental Accommodation, on a residential property, including those within a Guest Suite and/or Guest Home shall be three; .5 A Guest Home and Guest Suite is permitted on the same residential property; .6 One additional off-street parking space must be provided for each bedroom used for Short-Term Rental Accommodation, in addition to the off-street parking requirements for the single detached dwelling; .7 A Short-Term Rental Accommodation must retain the external appearance of a typical residential property; and .8 All signage must comply with the Village of Ashcroft Bylaws. Home Occupations 3.54 Where permitted within a zone, a home-based occupation must comply with the following regulations, unless otherwise indicated in a zone: .1 All home occupations must hold a valid Business License from the Village of Ashcroft; .2 A home occupation must not produce any offensive noise, vibration, traffic, smoke, dust, odour, glare, heat or electrical interference; OCTOBER 2018 Page 28 .3 A home occupation will be carried out wholly within a dwelling unit or within an accessory building, and will involve no external storage of materials, containers or finished products; .4 A home occupation will not result in any exterior alterations to a principal or accessory building that are not consistent with the character of adjacent residential buildings and property; .5 A home occupation is not permitted to use or store materials or processes that produce flammable explosive vapours or gases; .6 A home occupation that requires delivery of materials or commodities in bulk quantity to and from the residence by commercial vehicles or trailers will not be permitted; .7 No home occupations activities will be conducted between the hours of 10:00 pm and 8:00 am; .8 Business visitors or customers of a home occupation will not exceed that normally occurring for a residence, including not more than 10 visitors or customers a day; .9 One parking space is required for a home occupation, in addition to those required for the single detached dwelling; .10 All signage must comply with Village of Ashcroft Bylaws; and .11 Home occupations are differentiated into either home businesses or home industries. Home Businesses 3.55 The following activities and similar type activities are permitted as home businesses: .1 Small scale home sales (i.e. mail order sales, etc.); .2 Artist studio for the production of arts, crafts, videography and photography arts, but not including an audio recording studio; .3 Teacher or tutor, including a music, dance or academics teacher; .4 Business and professional offices other than a medical, dental or chiropractic office or veterinary practitioner; .5 Dressmaker, tailor or seamstress; .6 Computer and handheld device repair; .7 Barber, beautician, dietician, hair salon, massage therapist or reflexologist; .8 Pet grooming; and .9 Day care or pre-school for not more than eight (8) children. 3.56 Home businesses are only permitted in the R1 and RR1 zones. Home Industries 3.57 The following activities and similar type activities are permitted as home industries: .1 Welding shop; OCTOBER 2018 Page 29 .2 Carpentry shop; .3 Repair of small scale appliances, mechanical equipment and electronic instruments; .4 Metal working shop; and .5 Small scale automotive repair. 3.58 A home industry will not generate the need for more than two additional on-site parking spaces. 3.59 Home industries are only permitted in the A1 and RR1 zone. Manufactured Homes 3.60 Manufactured homes must conform to the following regulations: .1 Every manufactured home within the Village of Ashcroft must be placed on a permanent foundation; .2 Manufactured homes must meet CSA A277 or Z240 ratings; .3 A manufactured home must be no older than ten years from the date it is placed on a parcel and have a BC Registration Number; .4 All newly placed manufactured homes must be at least 4.0 m in width in a MH1 zone and 8.0 m in width in a R1 Zone, RR1 Zone or A1 Zone; .5 Skirtings must be installed within sixty days from the date which the manufactured home is placed on the foundation; .6 The towing hitch and wheels must be removed within thirty days from the date that the manufactured home is placed on the foundation; and .7 Travel trailers and recreational vehicles are not permitted as manufactured homes. Medical Cannabis Production Facilities 3.61 The cultivation, processing, drying, storing, packaging, distribution or testing of cannabis or medical cannabis is prohibited in all zones with the exception of those lands subject to the regulations of the Agricultural Land Reserve. Fences 3.62 In the C1 and P1 zone, no fence, hedge, wall or projecting retaining wall: .1 Constructed between the front parcel line and the front building line shall exceed 1.8 m in height, except where this Bylaw requires otherwise; and .2 Constructed on the parcel other than between the front parcel line and the front building line shall exceed 2.5 m in height except where this Bylaw requires otherwise. 3.63 The height of a fence at any point shall be measured from the base of the fence at that point. OCTOBER 2018 Page 30 3.64 In any RR1, R1 or MH1 zone, no fence constructed along the front parcel line shall exceed 1.2 m in height, and no fence constructed elsewhere on the property shall exceed 1.8 m in height. Vision Clearance at Intersections 3.65 As illustrated in Figure 3.1, on a corner parcel within the shaded space formed by measuring 6.0 m along the curb lines of the 2 streets and joining these points on the diagonal, no landscaping, screening, building or structure will be planted or erected to a height greater than 0.5 m above the established grade of the street. FIGURE 3.1: ILLUSTRATION OF SIGHT TRIANGLE Hen Keeping 3.66 Where permitted within a zone, backyard hens must comply with the following regulations: .1 Backyard hens must be clearly incidental and secondary to the use of the dwelling for residential purposes and must be kept by a resident of the parcel; .2 A maximum of four (4) hens may be kept for personal egg consumption; .3 Roosters are prohibited in R zones; .4 Backyard hen enclosures must be located in a rear yard of the parcel and the dwelling unit must be between the backyard hen enclosure and the front parcel line; .5 A backyard hen enclosure must only use a pen and a coop; .6 The maximum size of a coop is 6.0 m² in floor area and 2.0 m in height; OCTOBER 2018 Page 31 .7 The coop and the pen must be placed at least 2.5 m from the exterior side parcel line, the interior side parcel line and the rear parcel line; and .8 The coop and pen must be in a rear yard that is fully fenced in as to not allow predators to enter the yard or allow the hens to leave the yard. 3.67 Food for hens must be stored in an air tight container that cannot be accessed by other wildlife if stored outside. Beekeeping 3.68 Where permitted within a zone, every person keeping bees and the owner of any parcel of land on which bees are kept must comply with the following regulations: .1 Provide adequate water to prevent the bees from seeking water from other sources, such as neighborhood swimming pools, birdbaths, ponds or other bodies of water; .2 Take all reasonable measures to prevent swarming and aggressive behaviour by the bees; .3 If the bees swarm or show signs of aggressive behaviour, ensure that the bees are re- queened; .4 No more than two colonies of bees are permitted on a parcel having an area less than 1,100 m²; .5 No more than one colony of bees are permitted on a parcel having an area of less than 600 m²; .6 A beehive is not permitted within 3.0 m of any parcel line; .7 A beehive must be located in the rear yard of a parcel; and .8 The rear yard of a parcel must be fully enclosed by a fence to prevent wildlife intrusion. Cargo Containers 3.69 Cargo containers are only permitted as accessory storage units to a principal building, and only under the following conditions: .1 Cargo containers must not be used as workspaces, assembly shops, dwelling units or any other form of accommodation, including offices, under any circumstances; .2 Cargo containers require the approval of a building permit prior to installation regardless of size; .3 Cargo containers must meet the minimum setback and lot coverage requirements for accessory buildings for the Zone in which they are located; .4 Cargo containers must not occupy any required off-street parking spaces; .5 Cargo containers must not occupy any areas that are required for open space or landscaping; .6 Cargo containers must not be located on any street, sidewalk or trail, or in any location that blocks or interferes with vehicular and/or pedestrian circulation; OCTOBER 2018 Page 32 .7 Cargo containers must be located in accordance with all applicable building and fire code regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection; .8 Cargo containers must be screened from adjacent properties and right-of-ways with solid fencing, landscaping or by being placed behind, between or within buildings; .9 Cargo containers must be free of logos and colour compatible with surrounding buildings; .10 Cargo containers must not exceed a height of 2.6 m and must not be stacked; .11 Multiple cargo containers may be located on a single parcel but they must not exceed a cumulative gross floor area of 30 m2; .12 In all R zones, individual cargo containers must not exceed a gross floor area of 15 m2; .13 Cargo containers must be placed flush on a concrete pad or other hard surface acceptable to the Building Inspector; and .14 Property owners must receive written approval from the Village of Ashcroft prior to the installation of a cargo container. Derelict Vehicles 3.70 No land in an R zone or C1 shall be used for the storage of derelict vehicles, or as a wrecking yard or junk yard. Signage 3.71 All signage must comply with the Village of Ashcroft's Signage Bylaw. OCTOBER 2018 Page 33 4.0 ESTABLISHMENT OF ZONES Establishment of Zones 4.1 The area within the boundaries of the Village of Ashcroft shall be divided into the zones identified in Column 1 and described in Column 2 of Table 4.1. TABLE 4.1: ESTABLISHMENT OF ZONES COLUMN 1 ZONES COLUMN 2 TITLES A1 Agriculture 1 RR1 Rural Residential 1 R1 Residential 1 RM1 Residential Multiple Dwelling Unit 1 MH1 Mobile Home Park 1 C1 Commercial Mixed Use 1 M1 Industrial 1 M2 Industrial 2 P1 Park and Public Use VR Village Reserve The correct name of each zone provided for in this Bylaw is set out in Column 1 of Table 4.1 and the inclusion of the title elaboration contained in Column 2 of Table 4.1 is for convenience only. Location of Zones 4.2 The location of each zone is established in Schedule B, the Zoning Map of this Bylaw. Zone Boundaries 4.3 The zone boundaries on the Zoning Map shall be interpreted as follows: .1 Where a zone boundary follows a street, lane, railway, pipeline, power line, utility right- of-way, or easement, it follows the centerline, unless otherwise clearly indicated on the Zoning Map; .2 Where a zone boundary is shown as approximately following the Village boundary, it follows the Village boundary; OCTOBER 2018 Page 34 .3 Where a zone boundary is shown as approximately following the natural boundary, it follows the natural boundary and changes with the change in the natural boundary; .4 Where a zone boundary is shown as approximately following a property line, it follows the property line; .5 Where a zone boundary is shown as approximately following a topographic contour line or a top-of-bank line, it follows that line; .6 Where a zone boundary is shown as being generally parallel to or as an extension of any of the features listed above, it shall be so; .7 In circumstances not covered above, the zone boundary shall be determined by the scale of the Zoning Map; .8 Where any street is closed, the roadway lands have the same zoning as the abutting land. When abutting lands are governed by different zones, the center of the roadway is the zone boundary unless the zone boundary is shown clearly following the edge of the roadway. If the roadway is consolidated with an adjoining parcel, the parcel's zoning designation applies to affected portions of the roadway; .9 Where a zone boundary is shown on Schedule B, the Zoning Map, as following a highway or rail right-of-way or watercourse, the centreline of the right-of-way or watercourse shall be the zone boundary; and .10 Where the zone boundary does not follow a legally defined line, and where the distances are not specifically indicated, the location of the zoning boundary shall be determined by scaling from the Zoning Map. OCTOBER 2018 Page 35 5.0 A1 (AGRICULTURE 1) ZONE Permitted Uses 5.1 In an A1 (Agricultural 1) zone, the following uses are permitted: .1 Agricultural use; .2 Aggregate storage and processing; .3 Animal hospitals and kennels; .4 Dwelling, single detached; .5 Dwelling, duplex; .6 Exhibition or fair grounds; .7 Fruit and vegetable stands; .8 Home occupations; .9 Sanitary landfills; .10 Short-term rental accommodations; .11 Suite, attached; .12 Suite, detached; and .13 Accessory buildings and structures. Zone Regulations 5.2 On a parcel zoned A1, no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in Table 5.1 below in which Column 1 sets out the matter to be regulated and Column 2 sets out the regulations. OCTOBER 2018 Page 36 TABLE 5.1: ZONE REGULATIONS ON A PARCEL ZONED A1 COLUMN 1 COLUMN 2 .1 Minimum Parcel Size for New Subdivisions 8 ha .2 Minimum Setback .1 Front parcel line 7.5 m .2 Exterior side parcel line 6.0 m .3 Interior side parcel line 6.0 m .4 Rear parcel line 7.5 m .3 Minimum Parcel Width for New Subdivisions 150 m .4 Maximum Height of Principal Buildings 15 m .5 Accessory Buildings and Structures .1 Minimum Setback of Accessory Buildings and Structures from parcel line 7.5 m a. Maximum Height 15 m b. Setback from principal building 10 m c. Setback between accessory buildings used for residential purposes 6.0 m Other Regulations 5.3 Density on parcels of land zoned A1 shall not exceed one Principal Building per parcel. 5.4 Notwithstanding Section 5.3, where a parcel is used primarily for agricultural uses, and is classified as a farm by the British Columbia Assessment Authority, additional Dwelling units or mobile homes in conjunction with the agricultural use may be permitted. 5.5 All manufactured housing must be on permanent foundation and must meet Canadian Standards Association (CSA) A277 and Z240 standards. OCTOBER 2018 Page 37 6.0 RR1 (RURAL RESIDENTIAL 1) ZONE Permitted Uses 6.1 In an RR1 (Rural Residential 1) zone, the following uses are permitted: .1 Bee keeping; .2 Dwelling, Semi-attached; .3 Dwelling, Single Detached; .4 Dwelling, Duplex; .5 Short-term rental accommodations; .6 Suite, attached; .7 Suite, detached; .8 Horticulture and greenhouses in conjunction with a residential use; .9 Kennel, in conjunction with a residential use; .10 Home occupations; .11 The keeping of livestock or fowl; and .12 Accessory buildings and structures. Zone Regulations 6.2 On a parcel zoned RR1, no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in Table 6.1 below in which Column 1 sets out the matter to be regulated and Column 2 sets out the regulations. OCTOBER 2018 Page 38 TABLE 6.1: ZONE REGULATIONS ON A PARCEL ZONED RR1 COLUMN 1 COLUMN 2 .1 Minimum Parcel Size for New Subdivisions (not connected to community water system) 0.3 ha .2 Maximum Parcel Coverage 20% .3 Minimum Setback .1 Front parcel line 7.5 m .2 Exterior side parcel line 4.5 m .3 Interior side parcel line 4.5 m .4 Rear lot line 7.5 m .4 Minimum Parcel Width for New Subdivisions 30 m .5 Maximum Height of Principal Buildings 11 m .6 Accessory Buildings and Structures .1 Minimum Setback of Accessory Buildings and Structures from parcel line 4.5 m a. Maximum Height 4.5 m b. Setback from principal building 3 m .2 Maximum Accessory Building Floor Area per dwelling unit 50 m2 Other Regulations 6.3 All manufactured housing must be on permanent foundation and must meet Canadian Standards Association (CSA) A277 and Z240 standards. 6.4 Livestock or fowl can be kept on a parcel subject to the following regulations: .1 12 pigeons or 12 poultry per 3,000m2 of lot area .2 1 horse per 3,000m2 of lot area .3 1 cow per 3,000m2 of lot area .4 1 sheep per 3,000m2 of lot area .5 1 goat per 3,000m2 of lot area OCTOBER 2018 Page 39 7.0 R1 (RESIDENTIAL 1) ZONE Permitted Uses 7.1 In an R1 (Residential 1) zone, the use of land, buildings and structures is restricted to: .1 Backyard hen enclosure; .2 Beekeeping; .3 Dwelling, duplex; .4 Dwelling, semi-attached; .5 Dwelling, single detached; .6 Short-term rental accommodations; .7 Suite, attached; .8 Suite, detached; .9 Daycare; .10 Places of worship; .11 Clubs or lodges; .12 Parks and playgrounds; .13 Home businesses; .14 Public utility buildings or structures; .15 Funeral services provider; and .16 Accessory buildings and structures. Zone Regulations 7.2 On a parcel zoned R1, no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in Table 7.1 on the next page in which Column 1 sets out the matter to be regulated and Column 2 and 3 set out the regulations. TABLE 7.1: ZONE REGULATIONS FOR A PARCEL ZONED R1 COLUMN 1 COLUMN 2 Single- Detached COLUMN 3 Duplex or Semi-Attached .1 Minimum Parcel Size for New Subdivisions 525 m2 750 m2 .1 if a two family dwelling unit is divided into two separate parcels 375 m2 .2 Maximum Number of Principal Buildings per Parcel 1 per parcel 2 per parcel OCTOBER 2018 Page 40 COLUMN 1 COLUMN 2 Single- Detached COLUMN 3 Duplex or Semi-Attached .3 Maximum Parcel Coverage 33% 33% .4 Minimum Setback .1 Front parcel line 6.0 m 6.0 m .2 Exterior side parcel line 3.5 m 3.5 m .3 Interior side parcel line 1.5 m 1.5 m .4 Rear parcel line 6.0 m 6.0 m .5 Minimum Parcel Width for New Subdivisions 15 m 15 m .1 if a two family dwelling unit is divided into two separate parcels 8 m .6 Maximum Height of Principal Buildings 11 m 11 m .7 Accessory Buildings and Structures .1 Minimum Setback of Accessory Buildings and Structures from: a. Any lane 1.2 m 1.2 m b. Parcel line 1 m 1 m .2 Maximum Height 4.5 m 4.5 m .3 Setback from principal building 3 m 3 m .4 Maximum Accessory Building Floor Area per dwelling unit 70 m2 30 m2 .8 Minimum Dwelling Unit Width 8.0 m 8.0 m .9 Minimum Floor Area of Dwelling Unit 85 m2 85 m2 Other Regulations 7.3 Where a duplex is divided into two separate parcels, the minimum interior side parcel line setbacks shall not apply where there is a common wall shared between the dwellings. 7.4 All manufactured housing must be on a permanent foundation and must meet Canadian Standard Association (CSA) A277 standards. 7.5 All dwelling units must be connected to a community water system and community waste water system. OCTOBER 2018 Page 41 7.6 Public utility buildings and structures shall not have exterior storage of any kind and no garages for the repair and maintenance of equipment. OCTOBER 2018 Page 42 8.0 RM 1 (RESIDENTIAL MULTIPLE DWELLING UNIT 1) ZONE Permitted Uses 8.1 In an RM1 (Residential Multiple Dwelling Unit 1) zone, the use of land, buildings and structures is restricted to: .1 Apartments; .2 Dwelling, Duplex; .3 Dwelling, Fourplex; .4 Dwelling, Row House; .5 Dwelling, Semi-detached; .6 Dwelling, Triplex; .7 Short-Term Rental Accommodations; and .8 Accessory buildings and structures. Zone Regulations 8.2 On a parcel zoned RM1 (Residential Multiple Dwelling Unit 1) no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in Table 8.1 in which Column 1 sets out the matter to be regulated and Column 2, 3, 4 and 5 set out the regulations. OCTOBER 2018 Page 43 TABLE 8.1: ZONE REGULATIONS FOR A PARCEL ZONED RM1 COLUMN 1 COLUMN 2 Duplex COLUMN 3 Semi- detached COLUMN 4 Row House COLUMN 5 Apartment .1 Minimum Parcel Size for New Subdivisions 525 m2 750 m2 900 m2 1,250 m2 .1 if a two or multiple family dwelling unit is divided into two, three or four separate parcels 250 m2 per attached dwelling unit 250 m2 per attached dwelling unit 250 m2 per attached dwelling unit .2 Maximum Number of Principal Buildings for Parcel 1 per parcel 1/330 m2 parcel area 1/300 m2 parcel area 1/160 m2 parcel area .3 Maximum Parcel Coverage 33% 33% 40% 40% .4 Minimum Setback .1 Front parcel line 7.5 m 7.5 m 7.5 m 7.5 m .2 Exterior side parcel line 3.5 m 3 m 3 m 3 m .3 Interior side parcel line 1.5 m 3 m 3 m 3 m .4 Rear parcel line 7.5 m 7.5 m 7.5 m 9 m .5 Minimum Parcel Width for New Subdivisions 25 m 30 m 30 m 30 m .1 if a duplex or multiple dwelling unit is divided into two, three or four separate parcels 8 m 8 m 8 m .6 Maximum Height of Principal Buildings 11 m 10 m 10 m 15 m .7 Accessory Buildings and Structures .1 Minimum Setback of Accessory Buildings and Structures from: a. Any lane 1.2 m Rear yards only 1.2 m Rear yards only 1.2 m b. Parcel line 1 m n/a n/a .2 Maximum Height 4.5 m 4.5 m 4.5 m 4.5 m .3 Setback from principal building 3 m 3 m 3 m .4 Maximum Accessory Building Floor Area per dwelling unit 20 m2 23 m2 5 m2 OCTOBER 2018 Page 44 COLUMN 1 COLUMN 2 Duplex COLUMN 3 Semi- detached COLUMN 4 Row House COLUMN 5 Apartment .8 Minimum Dwelling Unit Width 6.0 m 6.0 m 6.0 m n/a Other Regulations 8.1 Where a semi-attached is divided into two separate parcels, a triplex is divided into three separate parcels or a fourplex is divided into four separate parcels, the minimum interior side parcel line setback shall not apply where there is a common wall shared between the dwellings. 8.2 All manufactured housing must be on a permanent foundation and must meet Canadian Standard Association (CSA) A277 standards. 8.3 Density must not exceed 75 dwelling units per hectare. 8.4 All dwelling units must be connected to a community water system and community waste water system. OCTOBER 2018 Page 45 9.0 MH1 (MOBILE HOME PARK 1) ZONE Permitted Uses 9.1 In an MH1 (Mobile Home Park 1) zone, the use of land, buildings and structures is restricted to: .1 Mobile home park; .2 Home businesses; and .3 Buildings and structures accessory to the uses permitted in this zone. Zone Regulations 9.2 On a parcel zoned MH1, no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in the Village of Ashcroft Residential Mobile Home Parks Bylaw. 9.3 All manufactured housing must be on a permanent foundation and must meet Canadian Standard Association (CSA) Z240 or A277 standards. 9.4 All dwelling units must be connected to a community water system. OCTOBER 2018 Page 46 10.0 C1 (COMMERCIAL MIXED USE 1) ZONE Permitted Uses 10.1 In a C1 (Commercial Mixed Use 1) zone, the use of land, buildings and structures is restricted to: .1 Administrative offices; .2 Automobile sales and repair; .3 Bakery; .4 Boutique industrial; .5 Bus terminal and taxi offices; .6 Business and professional offices; .7 Club or lodge; .8 Entertainment services; .9 Health services; .10 Hotels and motels; .11 Financial institution; .12 Libraries; .13 Mixed use; .14 Motor vehicle service stations, including a car wash; .15 Multiple dwelling unit, podium dwelling, duplex and single detached dwelling units provided these dwelling units are ancillary uses to the commercial use; .16 Parking areas and structures; .17 Personal service establishments; .18 Public buildings and uses; .19 Printing and publishing shops; .20 Restaurants; .21 Retail stores; and .22 Buildings and structures accessory to the uses permitted in this zone. Zone Regulations 10.2 On a parcel zoned C1, no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in Table 10.1 on the next page in which Column 1 sets out the matter to be regulated and Column 2 and set out in the regulations. OCTOBER 2018 Page 47 TABLE 10.1: ZONE REGULATIONS FOR A PARCEL ZONED C1 COLUMN 1 COLUMN 2 .1 Minimum Parcel Size for New Subdivisions .1 All commercial uses (excluding motor vehicle service station; hotels and motels) 280 m2 .2 Motor vehicle service station; hotels and motels 1,050 m2 .2 Minimum Setback .1 Interior side parcel line without developed rear lane 3 m .2 Interior side parcel line where a parcel abuts a residential zone without the intervention of a highway (street or lane) 6 m .3 Rear parcel line without rear lane 3 m .4 Rear parcel line with rear lane No setback required .5 Motor vehicle service station pumps or pump islands 4.5 m to any property line .3 Maximum setback from front parcel line along Railway Avenue between 1st and 8th Streets 1 m .4 Minimum setback from front parcel lines 1 m .5 Maximum parcel coverage 90% .6 Maximum Height of Principal Buildings 14 m .7 Maximum Height of Accessory Buildings and Structures 4.5 m .8 Maximum Floor Area of Accessory Building 90 m2 Other Regulations 10.3 Where a parcel is used for combined commercial and residential use, the residential use shall: .1 Be contained in the same building as the commercial use; .2 Be located over or behind the commercial use; .3 Have a separate entrance for the outside; and .4 Have a maximum density not exceeding 1 unit per 160 m2 of parcel area. 10.4 Where a duplex is divided into two separate parcels, a triplex is divided into three separate parcels or a fourplex is divided into four separate parcels, the minimum interior side parcel line setback shall not apply where there is a common wall shared between the dwellings. OCTOBER 2018 Page 48 11.0 M1 (INDUSTRIAL 1) ZONE Permitted Uses 11.1 In an M1 (Industrial 1) zone, the use of land, buildings and structures is restricted to: .1 Animal hospital and animal beauty parlours; .2 Auction houses excluding livestock; .3 Automobile sales and repair; .4 Bakery; .5 Boat building, boat showrooms and display yards; .6 Bottling and distribution plant; .7 Building supply and lumber yards; .8 Car wash; .9 Cardlock fuel installation; .10 Cartage, delivery and express facilities including truck terminals; .11 Commercial nurseries and greenhouses, including related retail outlets; .12 Commercial recreation; .13 Garage and parking lot for the storage of water vehicles; .14 Heavy equipment sales and repair; .15 Laundromats and dry cleaning; .16 Machine shop and parts manufacturer, machinery and assembly not involving forging, casting, punch presses or drop forges; .17 Manufacturing and processing plants; .18 Motor vehicle service stations; .19 Offices in conjunction with storage buildings for trade contractors; .20 Outdoor garden shops; .21 Plumbing and sheet metal workshop; .22 Printing and other reproduction processes; .23 Propane sales; .24 Public work yards; .25 Publishing and allied trades; .26 Rental and repair of small equipment and tools; .27 Restaurants; .28 Sash and door and other woodworking shops; .29 Septic tank service; .30 Storage, excluding auto wreckers and junk yards; .31 Tire shops, re-treading and rebuilding, sales and service; OCTOBER 2018 Page 49 .32 Trailer manufacture, repairs, sales and display yards; .33 Warehousing and wholesale establishments; .34 Accessory dwelling unit; and .35 Accessory buildings and uses. Zone Regulations 11.2 On a parcel zoned M1, no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in Table 11.1 in which Column 1 sets out the matter to be regulated and Column 2 and set out in the regulations. TABLE 11.1: ZONE REGULATIONS FOR A PARCEL ZONED M1 COLUMN 1 COLUMN 2 .1 Minimum Parcel Size for New Subdivisions 560 m2 .2 Maximum Parcel Coverage 60% .3 Minimum Setback (except fence, landscaped area or parking area) .1 Front parcel line 7.5 m .2 Interior or exterior side parcel line 2.0 m .3 Except where M1 zone abuts a Residential zone a. one storey building 3.0 m b. more than one storey; 7.5 m .4 Corner parcel flanking a highway 4.5 m .5 Rear parcel line 3.0 m .6 Motor vehicle service station pumps or pump islands 4.5 m to any property line .4 Maximum Floor Area Ratio 3.0 .5 Maximum Height of Principal Buildings 15 m Other Regulations 11.3 In an M1 zone, one accessory dwelling unit is permitted. 11.4 In an M1 zone: OCTOBER 2018 Page 50 .1 All businesses shall be conducted within a completely enclosed building except for open storage areas, parking and loading facilities; and .2 No storage areas shall be located in any required front yard. OCTOBER 2018 Page 51 12.0 M2 (INDUSTRIAL 2) ZONE Permitted Uses 12.1 In an M2 (Industrial 2) zone, the use of land, buildings and structures is restricted to: .1 Activities associated with the trans-shipment of goods; .2 Log storage; .3 Log dumping, sorting and loading; .4 Manufacture and assembly of goods; .5 Mining operations; .6 Nurseries; .7 Warehousing; .8 Outdoor storage; .9 Agricultural use; .10 Accessory buildings and uses; and .11 Accessory dwelling unit. Zone Regulations 12.2 On a parcel zoned M2, no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in Table 12.1 below in which Column 1 sets out the matter to be regulated and Column 2 and set out in the regulations. TABLE 12.1: ZONE REGULATIONS FOR A PARCEL ZONED M2 COLUMN 1 COLUMN 2 .1 Minimum Parcel Size for New Subdivisions 560 m2 .2 Maximum Parcel Coverage 40% Other Regulations 12.3 In an M2 zone, one accessory dwelling unit is permitted. 12.4 In an M2 zone, more than one principal building per site may be permitted. OCTOBER 2018 Page 52 13.0 P1 (PARK AND PUBLIC USE 1) ZONE Permitted Uses 13.1 In a P1 (Park and Public Use) zone, the use of land, buildings and structures is restricted to: .1 Cemetery; .2 Club or lodge; .3 Emergency and protective services; .4 Government; .5 Health Services; .6 Hospital; .7 Library; .8 Open space conservation area; .9 Parks; .10 Places of worship; .11 Public or private playgrounds; .12 Public utilities; .13 Recreational facility; .14 Schools; .15 Supportive housing; and .16 Accessory buildings and uses. Zone Regulations 13.2 On a parcel zoned P1, no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in Table 13.1 below in which Column 1 sets out the matter to be regulated and Column 2 and set out in the regulations. TABLE 13.1: ZONE REGULATIONS FOR A PARCEL ZONED P1 COLUMN 1 COLUMN 2 .1 Maximum Parcel Coverage 25% .2 Minimum Setback for buildings .1 Front parcel line 7.5 m .2 Interior or exterior side parcel line 3.0 m .3 Rear parcel line 7.5 m OCTOBER 2018 Page 53 14.0 VR (VILLAGE RESERVE) ZONE Permitted Uses 14.1 In a VR (Village Reserve) zone, the use of land, buildings and structures is restricted to: .1 Agricultural use; .2 Parks, playgrounds, sports fields; .3 Single detached dwelling; and .4 Accessory buildings and uses. Zone Regulations 14.2 On a parcel zoned VR, no building or structure shall be constructed, located or altered and no plan of subdivision approved which contravenes the regulations established in Table 14.1 below in which Column 1 sets out the matter to be regulated and Column 2 and set out in the regulations. TABLE 14.1: ZONE REGULATIONS FOR A PARCEL ZONED VR COLUMN 1 COLUMN 2 .1 Minimum Parcel Size for New Subdivisions 8 ha .2 Maximum Number of Dwelling Units 1 per parcel .3 Minimum Setback for buildings or structures or part thereof (except a fence) 7.5 m OCTOBER 2018 Page 54 15.0 SCREENING AND LANDSCAPING Screening requirements are to apply to the designated zones outlined in this Bylaw. 15.1 The minimum width for landscaping and screening areas in all zones is 1.0 m. 15.2 The minimum screening between a M zone and a R zone shall be 2.0 m in height on the M zone parcel. 15.3 Wherever possible, landscaping and screening areas will retain existing trees and natural vegetation and add planting that enhances the natural environment. 15.4 Existing healthy woody plants (trees, shrubs) shall be preserved and protected unless removal is demonstrated to be necessary to efficiently accommodate the proposed development, or if the vegetation poses a safety hazard or is deemed by the Village to be a nuisance. 15.5 Vegetative buffers shall be required in the M and C zones where these uses are adjacent to R zones and P zones. Developments may be exempt from providing a vegetative buffer if the setback is required for a fire lane access. 15.6 Fence and wall materials shall be consistent with the character of the zone in which they are to be located. The height of a fence or wall shall be measured from grade. Where the fence or wall is adjacent to the property line, the height shall be measured with reference to the grade of the abutting property. Where a fence is located on top of a retaining wall, berm or similar structure, the height of the fence shall include the height of the supporting structure. 15.7 The proposed site grading shall respect the natural contour of the land to the extent possible, minimize the necessity to use retaining walls, and ensure drainage away from buildings and abutting properties. Erosion control measures shall be used during construction to prevent the pollution, degradation or siltation of natural areas, watercourses and roads. Screening and Landscaping Requirements: Lots and Required Yards 15.8 Landscaping and screening areas must not be located on septic fields, and a septic field must not be located in a landscaping and screening area, unless approved in writing by the appropriate regulatory authority. 15.9 In a C1, M1 or M2 zone, where the side or rear line of a lot abuts a lot in an R1, RM1 or MH1 zone, or is separated by a highway (street) therefrom, a solid decorative fence of at OCTOBER 2018 Page 55 least 1.8 m in height shall be provided along all property lines separating the developed portion of the site from such residentially zoned property. Screening and Landscaping Requirements: Outdoor Storage 15.10 Where permitted in this Bylaw, areas used for the outdoor storage of discarded material or wrecked vehicles shall be screened and/or landscaped in accordance with the following: .1 The storage of said materials or vehicles shall be enclosed entirely within a building; or .2 Said materials or vehicles shall be screened and buffered in accordance with the following: .1 A continuous, decorative, solid fence of not less than 1.8 m and not greater than 3.0 m in height shall be provided; or .2 a 7.5 m wide landscaped berm with a height of not less than 1.8 m and not greater than 3.0 m in height shall be provided. 15.11 In an M1 zone, any industrial activity or storage not contained within a building shall be enclosed by a wall or a tight board fence not less than 1.8 m high. 15.12 All storage of goods and materials in M and C zones shall be screened from view from any highway, and from adjacent sites in an R zone by fences, berms, landscape materials or a combination of these to the satisfaction of the Village of Ashcroft. Screening and Landscaping Requirements: Dwellings Adjacent to a Major Highway 15.13 Notwithstanding this Bylaw, screening and landscaping shall be subject to the requirements of the Ministry of Transportation and Infrastructure where applicable. In any R1 zone, where a dwelling is constructed within 10.0 m of Highway 97C, the following provisions apply: .1 A 7.5 m wide landscaped buffer strip, including a solid buffer of trees and shrubs of not less than 1.8 m in height, or .2 A continuous, decorative, solid fence of not less than 1.8 m and not greater than 3 m in height, or .3 A 7.5 m wide landscaped continuous earth berm with a height above the grade of the road surface of not less than 1.8 m. Screening and Landscaping Requirements: Fence Height and Materials 15.14 All fencing shall not be greater than 1.8 m in height unless otherwise specified. 15.15 No fence in an R1, RM1, MH1 or C1 zone shall contain barbed wire, razor wire, electrified wire, sheet metal or corrugated metal. OCTOBER 2018 Page 56 15.16 No fence in an A1 or RR1 zone shall contain tarps, razor wire, sheet metal or corrugated metal. 16.0 OFF-STREET PARKING AND LOADING REGULATIONS General Provisions 16.1 For any construction, renovation, extension or redevelopment, no land, water, building or structure shall be used by the owner, occupier or any other person for any use unless the off-street parking requirements for that use have been provided for in accordance with Section 16.0 of this Bylaw. 16.2 Notwithstanding Section 16.1, any construction, renovation, extension or redevelopment on properties within the C1 zone (and not adjacent to a controlled access highway) does not require the provision of off-street parking spaces in accordance with this Section of this Bylaw. Note to reader which does not form part of this Bylaw: Parking requirements for downtown Ashcroft are included in the Village's Official Community Plan as part of a Development Permit Area. 16.3 No person shall park or store any vehicle having a licensed gross vehicle weight (GVW) exceeding 5,500 kg (12,000 lbs.) on any highway or on private property within an R zone except: .1 Recreational vehicles; .2 Moving or delivery vans while engaged in work; .3 Municipal or utility vehicles while engaged in work; and .4 Vehicles licensed under the Motor Carrier Act, RSBC 1996, c 315 for the transportation of passengers. Note to reader which does not form part of this Bylaw: Notwithstanding the requirements of this Bylaw, development within a controlled area as defined in the Transportation Act is required to meet Ministry of Transportation and Infrastructure parking requirements. Required Number of Parking Stalls 16.4 Except as otherwise provided for in this Bylaw, the number of off-street parking stalls for motor vehicles required for any use is calculated according to Table 16.1 of this Bylaw, in which Column 1 classifies the types of uses and Column 2 sets out the number of required off-street parking spaces that are to be provided for each use in Column 1. OCTOBER 2018 Page 57 16.5 In respect of a use permitted in this Bylaw which is not specifically referred to in Column 1 of Table 16.1 of this Bylaw, the number of off-street parking stalls is calculated on the basis of the requirements for a similar use that is listed in Table 16.1 of this Bylaw. 16.6 Where the calculation of the required off-street parking stalls results in a fraction, one parking or loading space shall be provided in respect of the fraction. 16.7 Where more than one use is located on a parcel, the total number of parking to be required shall be the sum total of the requirements for each use. 16.8 Where a building or structure contains more than one use whose business hours of operation do not overlap, the required number of off-street parking spaces shall be the greatest number required for any of those individual uses. 16.9 Off-street loading spaces shall not be counted as off-street parking spaces, and off-street parking spaces shall not be counted as off-street loading spaces. 16.10 Where more than one standard may apply to a use, the most stringent standard shall be used. TABLE 16.1: REQUIRED OFF-STREET PARKING STALLS COLUMN 1 Use COLUMN 2 Required Parking Stalls Single-detached dwelling Duplex dwelling Semi-attached dwelling 2 per dwelling unit + 1 for every suite Accessory dwelling unit 1 per dwelling unit Multiple-dwelling unit 1.5 per dwelling unit + 1 per 4 units for visitor parking Supportive housing 1 per dwelling unit + 1 per 5 units for employee parking Hotel, motel Boarding or lodging house Bed and Breakfast 1 per guest sleeping room and 1 parking space for the owner, operator or caretaker Campgrounds 1 per camp site Health services 1 per 15 m2 of floor space Retail store, office 1 per 35 m2 of floor space Office 1 per 75 m2 of floor space OCTOBER 2018 Page 58 COLUMN 1 Use COLUMN 2 Required Parking Stalls Restaurant, nightclub, cocktail lounge, cabaret, beer parlour 1 per 5 seats Manufacturing and industrial building and use 1 per 20 m2 of floor space or 1 per 100 m2 of land area, whichever results in more parking stalls Kindergarten, elementary and junior high school Senior high school 2 per classroom 5 per classroom Place of Worship 1 per 10 seats Hospital 1 per 15 m2 of floor space Taxi office 1 per each vehicle customarily operating from the office Arena, auditorium, lodge and fraternal building, community hall, public library, funeral parlour, theatre 1 per 5 seats or 1 per 10 m2 of the floor area used for dancing or assembly, whichever is greater Curling rink, roller rink, swimming pool 1 space for each 45 m2 of gross floor area, plus 1 for each 10 spectators seats Bowling Alley Billiard and pool hall 3 for each alley 2 for each table Warehouse, storage building, wholesale establishment or other similar use 1 per 75 m2 Exemption of Existing Buildings from Parking Requirements 16.11 Notwithstanding Table 16.1, the regulations contained in Section 16.0 shall not apply to uses, buildings or structures existing on the effective date of this Bylaw, except that: .1 Off-street parking shall be provided and maintained in accordance with the Section where there is a change in the principal use, or where the total floor area is increased in excess of ten percent (10%) over the existing floor area. .2 Off-street parking existing on the effective date of this Bylaw shall not be reduced below the applicable off-street parking requirements of Section 16.0. OCTOBER 2018 Page 59 Parking for the Physically Challenged 16.12 Where more than 20 parking stalls are required, every off-street parking facility shall provide 5% of the required stalls for the use of physically challenged persons. Each stall for physically challenged persons shall: .1 Be at least 4.0 m in width and at least 7.5 m in length; .2 Be located as close as possible to a main handicapped accessible building entrance; and .3 Be clearly identified for the exclusive use of physically challenged persons. Location 16.13 Required off-street parking shall be located on the same parcel as the principal building. Where parking is provided on the same parcel, the parking portion must be consolidated with the portion of the site upon which the building is located, so that the whole forms one parcel. 16.14 Required off-street parking will be permitted on a site within 150 m of a use in the C1 and M2 zones and of multiple dwelling units/apartments in the RM1 zone. 16.15 Notwithstanding Sections 16.13 and 16.14, parking requirements may be provided off-site where the owner has entered into a restrictive covenant with the Village restricting the use of the site to parking. Home Occupations 16.16 One off-street parking stall must be provided for the home occupation in addition to parking stalls required for residential use. 16.17 Not more than one commercial vehicle used for home occupation use shall be allowed to be parked or stored on the premises in R1 or RM1 zones unless they are completely enclosed within a building. Off-Street Parking Requirement Standards 16.18 Off-street parking spaces, whether public or private, shall conform to the following requirements: Size .1 All parking spaces shall have a clear length of not less than 5.8 m and a clear width of not less than 2.2 m. OCTOBER 2018 Page 60 Access .2 Ingress and egress to and from all parking spaces shall be by means of unobstructed manoeuvring aisles having widths not less than: .1 7.0 m where parking spaces are located at 90 degrees to the manoeuvring aisle providing access to the space; and .2 5.0 m where parking spaces are located at 45 degrees to the manoeuvring aisle providing access to the space. Layout .3 Where more than 10 parking spaces are provided, they must be so designed that vehicles are not required to back out onto a highway. In any case, they shall be subject to the requirements of the Ministry of Transportation and Infrastructure where applicable. Surface .4 Every off-street parking area shall: .1 Be graded to provide an even surface; and .2 Be drained so that no surface water: .1 Accumulates thereon; .2 Runs off onto any sidewalk; .3 Runs off onto any highway if the area is not paved; and .3 Be surfaced with gravel or crushed rock, treated to suppress dust, and kept free of weeds, or paved if the uses are such that there is a risk of spill or leakage. Curbs .5 All parking lots shall be provided with curbs as defined in the Subdivision Control Bylaw; such curbs to be constructed of asphalt, concrete or treated timber, installed, and secured. Distance .6 No part of parking lots shall: .1 Be located closer than 1.5 m to any dwelling for multiple dwelling unit or apartment uses in the RM1 (Residential Multiple Dwelling Unit 1) zone where parking facilities are located on the same site as the principal building. .2 Be located closer than 1.5 m to any adjacent building in C1 (Commercial 1) zones for parking located on the same site as the principal building. Signs .7 All parking lots for more than 10 vehicles, other than for motor vehicle service stations, shall have directional signs so as to provide traffic control. OCTOBER 2018 Page 61 Mixed Occupancy .8 In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street Loading Spaces 16.19 No land, water, building or structure shall be used by the owner, occupier or any other person for any use unless the required off-street loading space for that use has been provided in accordance with Section 16.0 of this Bylaw. 16.20 Notwithstanding Section 16.19, uses on properties within the C1 zone do not require the provision of off-street loading spaces in accordance with Section 16.0 of this Bylaw. 16.21 The number of off-street loading spaces required for any use is calculated according to Table 16.2 of this Bylaw in which Column 1 classifies the type of use and Column 2 sets out the off-street loading requirements for each use in Column 1. TABLE 16.2: REQUIRED OFF-STREET LOADING SPACES COLUMN 1 Total Gross Floor Area of Building COLUMN 2 Minimum Number of Spaces Required Retail store, business, industry warehouse or other similar use: - Less than 470 m2 1 - 470 m2 to 2,300 m2 2 - 2,300 m2 to 4,600 m2 3 - Each additional 4,600 m2 or each fraction thereof in excess of 2,300 m2 1 additional Office building, place of public assembly, hospital, institution, hotel, club or lodge, auditorium, public utility, school or other similar use: - Less than 2,800 m2 1 - 2,800 m2 to 5,600 m2 2 - Each additional 5,600 m2 or each fraction thereof in excess of 2,800 m2 1 additional OCTOBER 2018 Page 62 Units of Measurement 16.22 When calculating off-street loading space requirements, the gross floor area shall include the floor area of accessory buildings and basements, except where they are used for parking or heating. Existing Uses, Buildings or Structures 16.23 Notwithstanding Sections 16.19 to 16.21, the regulations contained in Section 16.0 shall not apply to uses, buildings or structures on the effective date of this Bylaw, except that: .1 Off-street loading spaces shall be provided and maintained in accordance with Section 16.0 where there is a change in the principal use, or where the total floor area is increased in excess of ten percent over the existing floor area. .2 Off-street loading spaces existing on the effective date of this Bylaw shall not be reduced below the applicable off-street loading space requirements of Section 16.0. Mixed Occupancies 16.24 In the case of mixed uses, the total requirements for off-street loading spaces shall be the sum of the requirements for the various uses computed separately. Location and Siting of Loading Facilities 16.25 Off-street loading spaces and facilities shall be located on the same parcel as the use served, but not within the required front yard nor closer than 15.0 m to the nearest point of intersection of any two road allowances. Development and Maintenance Standards 16.26 The location of all points of ingress and egress to a loading area shall be subject to all applicable bylaws and regulations of the Village. 16.27 All off-street loading spaces shall be of adequate size and with adequate access thereto, to accommodate a vehicle 6.0 m in length, 3.0 m in width, and 4.0 m in height. 16.28 All loading areas shall be provided with adequate curbs in order to retain all vehicles within such permitted loading areas and to ensure that required fences, walls, hedges or landscaped areas, as well as any buildings, will be protected from parking vehicles. 16.29 Each loading space shall be surfaced with gravel or crushed rock, treated to suppress dust, and kept free of weeds, or paved so as to provide a durable dust-free surface and shall be so graded and drained so as to properly dispose of all surface water. OCTOBER 2018 Page 63 16.30 Any lighting used to illuminate any loading area shall be so arranged that all direct rays of light are reflected upon the loading area, and not on any adjoining premises. OCTOBER 2018 SCHEDULE B ZONING BYLAW MAP P1 M2 M2 RM1 RM1 R1 R1 P1 R1 P1 P1 RR1 M1 R1 M1 P1 P1 A1 RR1 A1 M1 MH1 P1 C1 R1 RM1C1 RM1 R1 C1 P1 R1 VR P1 R1 VR RM1 P1 RM1 P1 R1 M1 VR A1 A1 P1 RM1 P1 A1 M2 A1 R1 P1 P1 P1 R1 P1 Thompson River Highwa y No 97C Cornwall R o ad High w ay 97C 0 500 1,000 250 Meters A1 A1 Thompson River R1 C1 P1 C1 R1 RM1 P1 RM1 R1 R1 C1 P1 R1 VR R1 VR RM1 P1 RM1 P1 P1 P1 R1 M1 VR 1st Street Vista Place Juniper Drive Semlin Street 2nd Street Railway Avenue Brink Street Vista H eights Drive Hig hway 97C Heustis Drive park acc ess road C liff Cre sce n t Evans Road Cornw a ll Road Zoning Bylaw Schedule B Main Community Legend THE ACCURACY & COMPLETENESS OF INFORMATION SHOWN ON THIS DRAWING IS NOT GUARANTEED. IT WILL BE THE RESPONSIBILITY OF THE USER OF THE INFORMATION SHOWN ON THIS DRAWING TO LOCATE & ESTABLISH THE PRECISE LOCATION OF ALL EXISTING INFORMATION WHETHER SHOWN OR NOT. A1 RR1 R1 RM1 C1 MH1 VR P1 M1 M2 Agriculture 1 Rural Residential 1 Residential 1 Residential Multiple Family 1 Commercial Mixed Use 1 Mobile Home Park 1 Village Reserve Park & Public Use Industrial 1 Industrial 2 Village of Ashcroft SOURCE: Cadastral information obtained through ParcelMap BC. Muicipal Boundary provided by DataBC.