Zoning Bylaw No. 510 — full text

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Consolidated A BYLAW TO REGULATE THE ZONING AND DEVELOPMENT OF REAL PROPERTY WITHIN THE MUNICIPALITY This consolidation is a copy of a bylaw consolidated under the authority of Section 139 of the Community Charter. This consolidation is not a legal document. Individual copies of the bylaw may be obtained by contacting the Village Office. This bylaw is printed under and by authority of the Chief Administrative Officer of the Village of Belcarra. Amendment Bylaw No. 530, 2019 effective date March 11, 2019 Amendment Bylaw No. 571, 2020 effective date September 28, 2020 Amendment Bylaw No. 580, 2021 effective date May 10, 2021 WHEREAS the Local Government Act authorizes a local government to enact bylaws respecting zoning and certain other related developmental matters; AND WHEREAS the Local Government Act also authorizes a local government to exercise these powers in a single bylaw; NOW THEREFORE the Municipal Council of the Village of Belcarra in open meeting assembled enacts as follows: Table of Contents VILLAGE OF BELCARRA Zoning Bylaw No. 510, 2018 Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 2 of 60 Section No. Section Page 100 Scope and Definitions 3 200 General Regulations 9 300 Zoning District Schedules 21 301 Interpretation 23 Residential Zones 302 RS-1 - One-Family Residential Zone 25 303 RM-1 - Duplex or One or Two-House Zone 29 304 RM-2 - Farrer Cove South Zone 33 305 RM-3 - Duplex or Four-House Zone 37 400 Civic Institutional Zones 42 401 CI-1 - Civic Institutional 43 500 Park Zones 45 501 P-1 - Regional Park 46 502 P-2 - Provincial Park 49 600 Rural Zones 51 601 R-1 - Rural 52 700 Marine Zones 53 701 W-1 - Marine 1 54 702 W-2 - Marine 2 56 703 W-3 - Marine 3 57 800 Subdivision of Land 58 900 Severability and Enforcement 59 1000 Repeal and Effective Date 60 Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 3 of 60 Section 100: Scope and Definitions 101 - TITLE This Bylaw may be cited for all purposes as "Village of Belcarra Zoning Bylaw No. 510, 2018". 102 - PURPOSE The principal purpose of this Bylaw is to regulate development in the municipality for the benefit of the community as a whole. 103 - APPLICATION No land, water surface, building or structure shall be used or occupied, and no building or structure or part thereof shall be erected, moved, altered or enlarged, unless in conformity with this Bylaw, except as otherwise provided for by statute. 104 - DEFINITIONS In this Bylaw: - Accessory Building means a building located on a parcel, the use of which building is incidental and ancillary to the principal permitted use of the land or buildings or structures located on the same parcel; - Accessory Coach House Use means a separate dwelling unit that is completely contained within an Accessory Building and is subordinate to the principal Dwelling Unit on the same Lot; - Accessory Parking Use means a Parking Use that is clearly incidental and ancillary to, the principal use of the land, buildings or structures located on the same parcel; - Accessory Single Family Residential Use means a residential use accessory to a Civic, Assembly or Park Facility use consisting of one Dwelling Unit for the accommodation of an owner, operator, manager or employee on the same parcel as that on which the use occurs; - Accessory Secondary Suite Use means a separate Dwelling Unit that is completely contained within the Principal Building and is subordinate to the principal Dwelling Unit on the same parcel; - Accessory Structure means construction of any kind whether fixed to, supported by or sunk into land (e.g., Fences, Retaining Walls, Sewage System, storage sheds, swimming pools, platforms, display signs), and the use of which is incidental and ancillary to the principal permitted use of the land, or buildings or structures located on the same parcel; - Accessory Use - see Permitted Accessory Use; - Approving Officer means the Approving Officer appointed pursuant to the Land Title Act; - Alter means any change to a building or structure that would result in an increase in floor area; - Assembly Use means a use providing for the assembly of persons for religious, charitable, philanthropic, cultural, private recreational or private educational purposes; includes Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 4 of 60 churches, places of worship, auditoriums, youth centres, social halls, group camps, private schools, kindergartens, play schools, day nurseries and group day cares; - Basement means a Storey or Storeys of a building below the First Storey; - Bed and Breakfast (B&B) Use is a Short Term Rental Accommodation Use wherein one or more rooms in a Dwelling Unit are rented for a period of less than one month and breakfast may be served; (Amended as per Bylaw No. 580, 2021) - Berth means an allotted place at a wharf or dock for a marine vessel; - Boat Launch (Cartop) Use means a place for launching a boat or watercraft that can be easily transported on the roof of a car (e.g., canoes, kayaks, small rowboats, bass boats, sailboats, inflatable boats); - Building means any structure and portion thereof, including affixed mechanical devices, that is used or intended to be used for the purpose of supporting or sheltering any use or occupancy; - Building Footprint means the area of the lowest floor contained within the building's exterior walls measured from the exterior face of the exterior walls at the point the exterior walls are supported by the foundation; - Building Inspector means the Building Inspector of the Village of Belcarra; - Building Setback means the required minimum horizontal distance between a portion of a building or structure to a designated lot line; - Carport means an open or partially enclosed structure attached to the Principal Building for the use of parking or for temporary storage of private motor vehicles; - Chief Administrative Officer means the Chief Administrative Officer (CAO) of the Village of Belcarra; - Childcare, Family means use of a Dwelling Unit for the care of not more than seven (7) children, licensed under the Community Care Facility Act; - Childcare, Group means a use or facility providing for the care of more than seven (7) children in a group setting, licensed under the Community Care Facility Act, and includes a nursery school and pre-school; - Civic Use means a use providing for public functions; includes municipal offices, schools, community centres, libraries, museums, parks, playgrounds, cemeteries, fire halls, and works yards; - Council means the Council of the Village of Belcarra; - Derelict Vehicle means a car, boat, truck or similar vehicle that has been abandoned. - Development means a change in the use of any land, building or structure, the carrying out of any building, engineering, construction or other operation, or the construction, addition or alteration of any building or structure; - Duplex Residential Use means two Principal Residential Uses in a single building, situated side by side and sharing a common wall for a minimum of 10 metres (32.8 feet); - Dwelling Unit means one or a set of habitable rooms used or intended to be used for the residential accommodation of one family and containing only one set of cooking facilities; Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 5 of 60 - Elevation means, with respect to the definition of Average Finished Grade and Average Natural Grade, a measurement of the height of land above an assumed datum; - Family means: a) one person alone, 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; - Fence means a type of screening consisting of a structure that is used to form a boundary or enclose an area, but excludes hedges, trees and other types of natural vegetation; - First Storey means the uppermost Storey having its floor level not more than 2 metres (6.6 feet) above grade; - Floor Area Ratio (FAR) means the figure obtained when the total Gross Floor Area of the buildings on a parcel is divided by the area of the parcel. - Garage means an Accessory Building or a portion of a Principal Building that is used for the parking of one or more motor vehicles and is totally enclosed with a roof, walls, and one or more doors; - Grade means the Elevation of the surface of the ground; (Amended as per Bylaw No. 530, 2019) - Grade, Average means with reference to a Building or Structure, the average of the Grades (Natural or Finished) around the perimeter of a Building or Structure as determined in accordance with Section 206 of this Bylaw; (Amended as per Bylaw No. 530, 2019) - Grade, Finished means the Grade after Development on a Lot; (Amended as per Bylaw No. 530, 2019) - Grade, Natural means the Grades on a Lot taken at the time of enactment of this Bylaw; (Amended as per Bylaw No. 530, 2019) - Gross Floor Area means the total area of all floors of Principal Buildings and Accessory Buildings on a lot measured to the outermost surface of the exterior walls, less applicable floor area exclusions (refer to General Regulation Section 208 for floor areas excluded from Floor Area Ratio); - Guard means a protective barrier around openings in floors at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to prevent accidental falls from one level to another. Such barrier may or may not have openings through it; - Height (of a building or structure) means the vertical distance from the Average Natural Grade to the top of a flat roof or the vertical midpoint of a sloped roof (refer to General Regulation Section 204 for height regulations); - Highway includes a public street, road, path, lane, walkway, trail, bridge, viaduct, thoroughfare and any other way, but specifically excludes private rights of way on private property; - Home-Based Business Use means an occupation or profession, including a Childcare (Family) Use, a Short Term Rental Accommodation (STRA) Use, or a Bed & Breakfast (B&B) Use, carried on by an occupant of the dwelling unit for consideration, which is clearly Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 6 of 60 incidental and subordinate to the use of the parcel for residential purposes. Home Based Business Uses shall be subject to the provisions of Section 210" (Amended as per Bylaw No. 580, 2021) - Horticulture means the use of land for growing grass, flowers, ornamental shrubs and trees; - Junk Yard means any building or land used for the wrecking, salvaging, dismantling or disassembly of vehicles, vehicle parts, vehicle frames or vehicle bodies; - Land means real property without improvements, and includes the surface of water; - Lane means a highway more than 3.0 metres (9.8 feet) but less than 10 metres (32.8 feet) in width, intended to provide secondary access to parcels of land; - Lot means any parcel, block, or other area in which land is held or into which it is subdivided, but does not include a highway; - Lot Area means the total horizontal area within the lot lines of a lot. In the case of panhandle lot, the access strip shall not be included in the calculation of lot size; - Lot, Corner means a lot which fronts on two or more intersecting streets; - Lot Coverage means the total horizontal area at grade of all buildings or parts thereof, as measured from the outermost perimeter of all buildings on the lot, and expressed as a percentage of the total area of the lot; - Lot Depth means the distance between the front lot line and the most distant part of the rear lot line of a parcel; - Lot Line, Exterior Side means a lot line or lines not being the front or rear lot line, common to the lot and a street; - Lot Line, Exterior Forested Land means a lot line or lines not being the front or rear lot line, common to the lot and Crown Lands or Regional Parks; - Lot Line, Front means the lot line common to the lot and an abutting street. Where there is more than one lot line abutting a street, the shortest of these lines shall be considered the front. In the case of a Panhandle Lot, the front lot line, for the purpose of determining setback requirements, is at the point where the access strip ends and the lot widens; - Lot Line, Front Waterfront means the lot line shared with the high water mark, where access to the lot is by water only or where no public access road exists; - Lot Line, Interior Side means a lot line that is not a rear lot line and that is common to more than one lot or to the lot and a lane; - Lot Line, Rear means the lot line opposite to and most distant from the front lot line. Where the rear portion of the lot is bounded by intersecting side lot lines, it shall be the point of such intersection; - Lot Line, Rear Waterfront means, for parcels with road access, the lot line that is shared with the high water mark and that is opposite to and most distant from the front lot line; - Lot Width means the mean distance between side lot lines, excluding access strips of Panhandle Lots; - Minimum Lot Area means the smallest area into which a parcel may be subdivided; - Municipality means the Village of Belcarra; Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 7 of 60 - Natural Boundary means the visible high water mark on any watercourse where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark upon the soil of the bed of the watercourse a character distinct from that of the banks thereof, in respect to vegetation as well as in respect to the nature of the soil itself, and in cases where there is no visible high water mark shall mean the average high water mark; - Off-Street Parking means the use of land for the parking of vehicles other than on a highway including the parking spaces and the maneuvering aisle; - Panhandle Lot means any lot, the building area of which is serviced and gains street frontage through the use of a relatively narrow strip of land which is an integral part of the lot, called "the access strip"; - Parcel - see Lot definition; - Park Facilities means parks headquarter buildings, parks work area, public information and display booths, picnic shelters, playgrounds, interpretative centres, food services and concession buildings excluding a restaurant; - Parking Area means a portion of a lot that is used to accommodate Off-Street Parking; - Parking Space means the space for the parking of one vehicle either outside or inside a building or structure, but excludes maneuvering aisles and other areas providing access to the space; - Parking Use means providing Parking Spaces for the temporary parking of vehicles where such use is the principal use of the parcel or building; - Passive Outdoor Recreation means outdoor recreational activities, such as nature observation, hiking, and canoeing or kayaking, that require a minimum of facilities or development and that have minimal environmental impact on the recreational site; - Permitted Accessory Use means a use combined with, but clearly and customarily incidental and ancillary to, a Permitted Principal Use of land, buildings or structures located on the same parcel; - Permitted Principal Use means the principal permissible purpose for which land, or buildings may be used; - Premises means the buildings and structures located on a parcel of land; - Principal Building means the building for the principal use of the lot as listed under the permitted uses of the applicable zone; - Public Service Use means a use providing for the essential servicing of the Village of Belcarra with water, sewer, electrical, telephone and similar services where such use is established by the Village, by another governmental body or by a person or company regulated by and operating under Federal and Provincial utility legislation, and includes broadcast transmission facilities; - Principal Residential Use means the primary dwelling unit in a Residential Use. - Residential Use means a use providing for the accommodation and home life of a person or persons, and domestic activities customarily associated with home life including gardening, recreation, storage and the keeping of animals as household pets when such animals are normally kept within a dwelling unit and when such animals are not kept for financial gain; Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 8 of 60 - Retaining Wall means a structure erected to hold back or support a bank of earth; - Road means the portion of a highway that is improved, designed, and ordinarily used for vehicular traffic; - Roof Drip Line means the outermost projection of the roof beyond the exterior walls of the building and includes eves, parapet structures, fascia boards, gutters and flashings; - Setback - please see Building Setback; - Sewage System building means any component of a sewage disposal system that contains mechanical devices or vents septic gases, whether located above or below grade; - Short Term Rental Accommodation (STRA) Use is a Home-Based Business Use that includes the rental of a Dwelling Unit or part of a Dwelling Unit for the accommodation of paying guests for a period of less than one month;. (Amended as per Bylaw No. 580, 2021) - Single Family Residential Use means a residential use in a building which is used for only one Dwelling Unit, except where an Accessory Secondary Suite Use is developed, in which case the building may be used for two Dwelling Units; - Storey means the space between a floor level and the ceiling above it; - Strata Lot means a strata lot as created under the Condominium Act; - Street means a public highway, road or thoroughfare which affords the principal means of access to abutting lots, but not lanes or walkways; - Subdivision means the division of land into two (2) or more parcels, whether by plan, apt description, words, or otherwise; - Watercourse means any natural or man-made depression with well defined banks and a bed of 0.6 metres (1.6 feet) or more below the surrounding land serving to give direction to or containing a current of water at least six (6) months of the year or having a drainage area of 2 square kilometers (200 hectares) or more upstream of the point under consideration; - Watershed Area means the total natural upstream land drainage area above any point of reference; - Wharfage Facility, Group means a wharf owned and operated by a Group Wharfage Association which is a group of four to six Village residents that is formed pursuant to the Society Act for the purpose of owning and operating a group wharfage facility. The maximum length for a group wharf is 18.5 metres (60.7 feet); - Wharfage Facility, Shared means a wharf owned and operated by an individual or group of Village residents which will accommodate more than 3 boats; - Yard means that portion of a parcel that may not be built upon as defined by the minimum setback requirements; - Zone means a zoning district established by the Bylaw. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 9 of 60 Section 200: General Regulations 201 - General Operative Clauses (1) No land, building or structure in any zone shall be used for any purpose other than that specified for the zone in which it is located in accordance with the Zoning Map. (2) No building or structure shall be constructed, sited, moved or altered unless it complies with the General Regulations of this Bylaw and all regulations and requirements specified for the zoning district in which it is located. (3) No building or structure shall be constructed, sited, moved, or altered unless its screening and landscaping requirements are provided as specified for the zone in which it is located in accordance with the Zoning Map, unless otherwise specified in this Bylaw. (4) No parcel shall be created by subdivision unless such parcel is equal to or greater than the minimum lot area and minimum lot width specified for the zone in which it is located in accordance with the Zoning Map, unless otherwise specified in this Bylaw. 202 - Prohibited Uses of Land, Buildings and Structures and Water (1) Unless a zone expressly provides otherwise, the following uses shall be prohibited in all zones; a) A tent or trailer used for habitation, except as specifically permitted in this Bylaw; b) The storage of derelict vehicles except if such a derelict vehicle is maintained in working order and is used for work on the lot, or is used for fire department training purposes; c) A junk yard; d) Uses which produce malodorous, toxic or noxious matter, or generate vibrations, heat, glare or radiation discernible beyond the boundaries of the lot. 203 - Public Service Uses (1) A Public Service Use shall only be permitted in the CI-1 zone; (2) Notwithstanding Section 203(1), a Public Service Use that is within a structure or a building of an area less than 5 square metres (53.8 square feet) and having a height less than 2 metres (6.6 feet) is permitted in any zone provided that the structure or building complies with all the applicable siting requirements of the zone in which the use is located. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 10 of 60 204 - Height Regulations (1) Measuring height: a) Height is measured from the Average Natural Grade. b) Height is measured up to: i. the highest point of a building with a flat roof (for example, the top of the highest of the roof finish, parapet, or roof deck railing) (see Figure 1); ii. the vertical midpoint between the top plate and the ridge of a hipped, gable, gambrel, or other sloped roof (see Figure 2); iii. the deck line of a mansard roof; or iv. the highest point of all other structures. Figure 1. Height Measurement - Flat Roof Figure 2. Height Measurement - Pitched Roof c) Where a roof is composed of a combination of pitched and flat elements, height is measured to the higher of: i. the highest point of the flat roof, or ii. the midpoint of a pitched roof as described above using the "projected" peak of the pitched roof as the highest point. d) A roof having a slope of less than 2 in 12 is considered to be a flat roof for purposes of this section. e) In calculating height, mechanical equipment and enclosures, and skylights over 0.6 metres (2.0 feet) in height, shall be included. Skylights less than 0.6 metres (2.0 feet) in height shall only be exempted if they are less than 3 metres (9.8 feet) in horizontal length. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 11 of 60 205 - Exceptions to Height Requirements (1) A chimney having no horizontal dimension greater than 1.2 metres (3.9 feet), fire department hose tower, water tank, flag pole, aerial or non-commercial receiving antenna or similar object not used for human occupancy are not subject to the height limitations of this Bylaw, provided that such structures when sited on a roof shall not occupy more than 10% of the roof area of a building. (2) Satellite dish antennae shall be subject to the requirements of Section 216. 206 - Average Grade (Natural and Finished) Calculations for Building and Structure Height or for Floor Area Ratio (FAR) (1) Average Grade (Natural and Finished) is measured around the perimeter of: a) A building at or directly above the outermost projections of the exterior walls. Attached carports and decks are not considered in determining the perimeter of the building. b) A structure that is not defined as a building. (2) To calculate the Average Grade (Natural and Finished) for the building (refer to Figure 3): a) Calculate the average grade elevation for each wall section having a constant grade along the finished and natural wall section by dividing the grade elevation at each end by 2 [(grade 'x' + grade 'y') ÷ 2 = average], then multiply this average grade elevation by the length of that wall section; b) Add the resulting numbers for each section of wall; c) Divide this total number by the total perimeter wall length of the building; d) This will be the average grade, natural or finished. (3) Additional calculation points and sections are required along a wall if there is a significant change in elevation or grade slope along that length of the wall (for example, if it is level along half the wall and then drops significantly over the second half, there would be two average grade elevations on that section of wall). (4) Where the undisturbed ground level of natural grade cannot be ascertained because of existing landscaping, buildings or structures, and appears to have been significantly altered, the level of natural grade shall be determined by a British Columbia Land Surveyor at the cost of the property owner. (5) An example of calculating average grade is shown below (see Figure 3). Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 12 of 60 Figure 3. Calculation of Average Grade for Building and Structure Height Example (based on Figure 3): Wall Section Average Grade (Natural & Finished) Length = Y A - B (105.5 + 105.0) ÷ 2 = 105.25 m x 6 m = 631.50 B - C (105.0 + 104.0) ÷ 2 = 104.5 m x 3 m = 313.50 C - D (104.0 + 103.0) ÷ 2 = 103.5 m x 3 m = 310.50 D - E (103.0 + 101.5) ÷ 2 = 102.25 m x 6 m = 613.50 E - F (101.5 + 103.5) ÷ 2 = 102.5 m x 9 m = 922.50 F - A (103.5 + 105.5) ÷ 2 = 104.5 m x 9 m = 940.50 Totals: 36 m = 3732 Total Y ÷ Total Perimeter Length = Average Grade 3732 ÷ 36 = 103.6 m The Average Grade is calculated to be 103.6 m. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 13 of 60 207 - Exceptions to Siting Requirements (1) Where chimneys, cornices, headers, gutters, pilasters, sills, bay windows, window wells or ornamental features project beyond the face of a building, the minimum distance to an abutting lot line as permitted elsewhere in this Bylaw may be reduced by not more than 0.6 metres (2 feet) providing such reduction shall only apply to the projecting feature. (2) Where steps, eaves, sunlight control projections, canopies, balconies, or porches project beyond the face of a building, the minimum distance to an abutting front, rear or exterior lot line as permitted elsewhere in this Bylaw may be reduced by not more than 1.2 metres (3.9 feet) and the minimum distance to an interior side lot line as permitted in this Bylaw may be reduced by 0.6 metres (2 feet) provided such reduction shall apply only to the projecting feature. (3) An uncovered patio or terrace no greater than 0.6 metres (2 feet) above grade, which may be open or enclosed, may be sited in any portion of a lot except as otherwise provided for in this Bylaw. (4) An uncovered swimming pool may project into a front, side or rear yard provided that the pool shall not be constructed within 1.8 metres (5.9 feet) of a property line. (5) A retaining wall to a maximum height of 1.2 metres (3.9 feet) may be sited on any portion of a lot. (6) An access walkway with or without Guards less than 2 metres (6.6 feet) wide may be sited on any portion of a lot except as otherwise provided for in this Bylaw. 208 - Floor Area Exclusions (1) The following areas are excluded from Gross Floor Area calculations: a) Garages up to 92.9 square metres (1,000 square feet). Any area exceeding 92.9 square metres (1,000 square feet) is included in Gross Floor Area (except as described in 208(1)(b)). b) Basement space, including garages, below Average Finished Grade as shown in Figure 4 and outlined in the clause and calculation below: The exempt percentage of the floor area in any basement level located directly below the building above, equal to the percentage of the basement volume below the Average Finished Grade. The percentage referred to in this clause is determined as follows: Average Finished Grade elevation - basement floor elevation X 100 Main floor elevation - basement floor elevation Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 14 of 60 Figure 4. Basement Floor Area Section c) Open balconies, decks, and other appurtenances (e.g., chimneys); d) Floors with a ceiling height of less than 2.1 metres (6.9 feet) (e.g., crawl space, attic); e) An Accessory Building used only for sewage disposal components; and f) Floor areas that are open to above (i.e., stairs) are only counted once. 209 - Size, Shape and Siting of Buildings & Structures (1) No more than one principal building may be sited on one lot, except as otherwise specified in this Bylaw. (2) No building or structure shall be constructed, reconstructed, sited, altered, or extended so as to cause any existing building or structure on the same lot to violate the provisions of this Bylaw. (3) The interior lot line setbacks of this Bylaw shall not apply to adjoining Strata Lots under a deposited plan pursuant to the Condominium Act with regard to a common wall shared by two or more units within a building. 210 - Home-Based Business Use (1) In any zone in which a Home-Based Business Use is permitted, the following conditions shall be satisfied: a) The activities shall be conducted entirely within the principal building or accessory building except where such activity involves horticulture or a family day care. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 15 of 60 b) The Home-Based Business Use shall not involve external structural alterations to the dwelling unit or show any exterior indications that the dwelling unit is being utilized for any purpose other than that of a dwelling unit. c) The use shall not involve the storing, exterior to the building or buildings, of any materials used directly or indirectly in the processing or resulting from the processing or any product of such craft or occupation. d) The use may involve the display and the sale of a commodity that is produced on the premises, however in no case shall the retailing of the commodity be the primary Home-Based Business Use. e) The use within the principal building shall occupy no more than 20% of the floor area of the principal building, up to a maximum of 50 square metres (538.2 square feet), except in the case of a Short Term Rental Accommodation Use and / or a Bed & Breakfast Use. (Amended as per Bylaw No. 580, 2021) f) The use within one or more accessory buildings shall occupy a total of not more than 50 square metres (538.2 square feet), except in the case of a Short Term Rental Accommodation Use and / or a Bed & Breakfast Use. (Amended as per Bylaw No. 580, 2021) g) In no case shall the aggregate floor area of all buildings used for the Home-Based Business Use exceed 50 square metres (538.2 square feet) on a parcel of land, except in the case of a Short Term Rental Accommodation Use and / or a Bed & Breakfast Use. (Amended as per Bylaw No. 580, 2021) h) The total display area of any outdoor advertising sign shall not exceed 0.4 square metres (4.3 square feet). i) Not more than the equivalent of two full-time persons shall be engaged in a Home- Based Business Use, one of which shall be a resident of the dwelling unit. j) Home crafts or occupations shall not discharge or emit the following across lot lines: i. odorous, toxic or noxious matter or vapours; ii. heat, glare, electrical interference or radiation; iii. recurring ground vibration; iv. noise levels exceeding 45 decibels, except during the hours of 9:00 AM to 5:00 PM from Monday to Friday, in which case the noise levels shall not exceed 55 decibels. k) The use shall provide parking in accordance with the requirements in the applicable zone. l) Short Term Rental Accommodation Uses, including Bed & Breakfast Uses, shall comply with all provisions of the Village of Belcarra Short Term Rental Accommodation and Bed & Breakfast Policy, as may be amended from time to time. (Amended as per Bylaw No. 580, 2021) Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 16 of 60 211 - Accessory Single Family Residential Use (1) An Accessory Single Family Residential Use shall: a) be limited to one per lot; b) have a minimum floor area of 75 square metres (807.3 square feet); and c) where located within the same building as the principal use, be provided with a separate entrance. 212 - Accessory Buildings and Structures (1) Buildings and structures containing an accessory use are permitted in each zone, unless otherwise specified, provided that: a) the principal use is being carried out on the parcel; b) a building for the purpose of the principal use has been constructed on the parcel; or, c) a building for the purpose of the principal use is in the process of being constructed on the parcel. (2) An accessory building or structure shall not contain a dwelling unit, except as provided for in this Bylaw. 213 - Accessory Secondary Suite Use (1) Not more than one Accessory Secondary Suite Use shall be permitted per Principal Residential Use; (2) An Accessory Secondary Suite Use must be located within a Principal Building; (3) The maximum allowable floor area of an Accessory Secondary Suite Use within a Principal Building is 40% of the dwelling up to a maximum of 90 square metres (968 square feet) of finished living space; (4) An Accessory Secondary Suite Use may be permitted provided that a Sewage Disposal Permit can be obtained from the responsible authority. 214 - Accessory Coach House Use (1) Not more than one Accessory Coach House Use shall be permitted per Principal Residential Use; (2) An Accessory Coach House Use must: a) be located in an Accessory Building that is also used as a Garage; or b) must be limited to 4 m (13.12 ft) in height; (3) An Accessory Coach House Use shall not have a floor area that exceeds 92.9 square metres (1,000 square feet); (4) An Accessory Coach House Use may be permitted provided that a Sewage Disposal Permit can be obtained from the responsible authority; (5) Where an Accessory Building is used to accommodate an Accessory Coach House, the Accessory Coach House shall only occupy one storey of the Accessory Building. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 17 of 60 215 - Setbacks from Watercourses (1) Notwithstanding the setback requirements specified in each of the zones, no building shall be constructed, reconstructed, sited, moved, extended, or located: a) within 7.5 metres (24.6 feet) of the natural boundary of the sea, or any natural watercourse; nor b) 15 metres (49.2 feet) of the natural boundary of Ray Creek, Sasamat Creek or Capon Creek; whichever is greater. (2) No area used for habitation shall be located within any building such that the underside of the floor system or top of the concrete slab is less than: a) 3.5 metres (11.5 feet) Geodetic Survey of Canada datum for locations adjacent to the sea; b) 1.5 metres (4.9 feet) above the natural boundary of the sea where a benchmark is not available; or c) 1.5 metres (4.9 feet) above the natural boundary of Ray Creek, Sasamat Creek, Capon Creek or any other natural watercourse. (3) Section 215(2) shall not apply to: a) a renovation of an existing building or structure used as a residence that does not involve an addition thereto; or an addition to a building or structure for residential use that would increase the size of the building or structure by less than 25% of the gross floor area existing at the date of adoption of Greater Vancouver Regional District Area B, Zoning Bylaw No. 47 (first bylaw containing flood-proofing conditions); and b) that portion of a building or structure to be used as a carport or garage. (4) Where landfill is used to achieve the required elevation stated in Section 215(a) above, no portion of the landfill slope shall be closer than the distances in Sections 215(1)(a) and (b) from the natural boundary, and the face of the landfill slope shall be adequately protected against erosion from floodwaters. (5) Where a parcel of land is of such a size or shape or is so located that because of the requirements of this Bylaw, no usable site exists on the parcel for a building or structure otherwise permitted to be built thereon by other bylaws, enactments of the Province of British Columbia, and all other rules of law, an application for a development variance permit may be made by an owner of such a parcel for a reduction of such siting provisions from adjacent watercourses, following consultation with the Ministry of Environment as to recommended requirements for protection from flooding and erosion. 216 - Satellite Dish Antennae (1) A satellite dish antenna installed on the ground or the roof of a building shall be subject to the siting and height regulations for accessory building and structures for the zone in which it is located. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 18 of 60 217 - Undersized Parcels (1) Parcels of land that are shown on a plan deposited in the Land Title Office prior to the adoption of this Bylaw, which have less than the minimum lot size requirement as established in the zone in which that parcel is situated, may be used for any use permitted in that zone, subject to all the regulations for that zone. (2) Section 217(1) shall not apply so as to allow a Duplex Residential Dwelling in the RM-1 or RM-2 zones. 218 - Obstruction of Vision - Traffic (1) On a corner parcel in any zone there shall be no obstruction to the line of vision between the heights of 1.0 metres (3.3 feet) and 3.0 metres (9.8 feet) above the established grade of a highway (excluding a lane) within the sight triangle, being a triangular area formed by extending a 4.5-metre (14.8-foot) boundary along the parcel lines from the point of the exterior corner intersection of the parcel lines and a line connecting these two points. The sight triangle is illustrated in Figure 5. Figure 5. Sight Triangle 219 - Fences and Retaining Walls (1) Fences shall not exceed a height of 1.8 metres (5.9 feet) in the front yard or a height of 2 metres (6.6 feet) to the rear of the front face of a building; (2) A Retaining Wall or berm, including a Guard, shall not exceed a height of 2.4 metres (7.9 feet); (3) In cases where a Retaining Wall or berm is combined with a Fence or a Guard, the height shall not exceed 2.4 metres (7.9 feet) and shall be measured from the Grade of the Retaining Wall or berm to the top of the Fence or Guard. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 19 of 60 220 - Watershed Protection (1) No area shall be developed for public recreational use or access within a watershed or catchment area of any stream used as a potable water source under water license and shown on Schedule B Watershed Map which is attached hereto forming a part of this Bylaw and bearing the title "Schedule B Village of Belcarra Watershed Map." 221 - Domestic Water Protection (1) Notwithstanding any other provision of this Bylaw, no building or any part thereof shall be constructed, reconstructed, moved, or extended within 15 metres (49.2 feet) of a stream in which a water license for domestic purposes has been issued pursuant to the Water Act, if such construction is to occur upstream from any portion of the stream which is subject to an existing license. 222 - Conversion of Buildings (1) Buildings may be converted, altered or remodelled for another use provided that: a) the building is structurally suitable for such conversion in accordance with the Village of Belcarra "Building and Plumbing Code Administration Bylaw"; and b) the converted building conforms to all the provisions and requirements prescribed for the intended use in the zone in which it is located. 223 - Temporary Buildings (1) A temporary building or structure may be erected or installed in conjunction with the permanent construction of a building or structure on the same lot. (2) In all cases, temporary buildings or structures shall be subject to the following regulations: a) the application shall provide a letter of intent and undertaking to remove the temporary building, to the Building Inspector in support of an application for a building permit to erect a temporary building or structure; b) the proposed temporary building or structure shall not constitute or cause a public hazard or public nuisance; c) all permitted temporary buildings and structures shall conform with the regulations of the Village of Belcarra "Building and Plumbing Code Administration Bylaw"; and d) temporary buildings or structures are removed from the site upon completion of the construction or upon written notice from the Village's Building Inspector prior to occupancy of the permanent building or structure. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 20 of 60 224 - Off-Street Parking (1) When any development takes place on any site, off-street parking shall be provided and maintained in accordance with the regulations contained in this section and other pertinent sections of the Bylaw, and all required parking spaces shall be used exclusively for the parking of motor vehicles. (2) The off-street parking regulations specified for each zone shall not apply to buildings, structures or uses existing at the time of adoption of this Bylaw, except that: a) off-street parking shall be provided and maintained for any addition to such existing building or structure, or any change or addition to such existing use; b) off-street parking existing at the time of adoption of this bylaw shall not be reduced below the applicable off-street parking regulations of this section. (3) Off-street parking shall conform to the following requirements: a) each parking space be not less than 2.7 metres (8.9 feet) wide, and 6 metres (19.7 feet) long; b) the minimum width of maneuvering aisles be as follows: Angle between Parking Stall and Aisle Width of Aisle 30° - 45° 4.6 metres (15.1 feet) 45° - 60° 5.5 metres (18.0 feet) 60° - 75° 6.0 metres (19.7 feet) 75° - 90° 7.3 metres (24.0 feet) c) parking areas to accommodate four or more vehicles shall have a surface which is continually dust free, with individual parking spaces, maneuvering aisles, entrances, and exits clearly marked. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 21 of 60 225 - Sewage System Buildings (1) Notwithstanding the interior lot line setback requirements for Accessory Buildings and Accessory Structures within each of the zones of this Bylaw, a sewage system building shall not be located within: a) 3.0 metres (9.8 feet) of an interior lot line; and b) 6.0 metres (19.7 feet) of a principal building on an adjoining property in cases where said principal building precedes the construction of said Accessory Building or Accessory Structure. (2) Where an Accessory Building is only used for sewage disposal components: a) the floor space of the Accessory Building shall be excluded from the calculation of the total floor space of all Accessory Buildings on the parcel; and b) the Accessory Building shall not be included in the determination of the permitted number of Accessory Buildings permitted on the parcel." 226 - Landscaping & Permeability Requirements (1) For new construction, on a parcel located in a residential zone a minimum of 30% of the total surface area of such parcel shall be fully landscaped and properly maintained in a permeable state. a) Landscaped and permeable areas include those areas that are in their natural vegetative state, including stone outcroppings and natural rock terrain. (2) For the purposes of Section 226 (1), the following surfaces are not permeable: a) buildings and structures; b) asphalt; c) concrete; and d) grouted pavers. (3) For the purposes of Section 226 (1), water surfaces of structures designed to retain water, including swimming pools, reflecting pools, and ornamental ponds, are permeable. (4) The maximum driveway width shall be limited to 9.14 m (30 ft) or no more than 50% of the total lot width, whichever is less. 227 - Keeping of Chickens (1) The keeping of chickens is permitted in all residential zones in accordance with the Chicken Keeping Policy. (Amended as per Bylaw No. 571, 2020) Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 22 of 60 Section 300: Zoning District Schedules For the purpose of this bylaw the area incorporated into the Village of Belcarra is hereby divided into zoning districts as shown upon the plan entitled "Zoning Map of the Village of Belcarra" forming Schedule A of this Bylaw which, with all explanatory matter on it, accompanies and forms part of this bylaw. The zoning districts, as shown on the Zoning Map, are as follows: Section Zoning District Name Short Form 302 One Family Residential Zone RS-1 303 Duplex or One or Two-House Zone RM-1 304 Farrer Cove South Zone RM-2 305 Duplex or Four-House Zone RM-3 401 Civic Institutional CI-1 501 Regional Park P-1 502 Provincial Park P-2 601 Rural R-1 701 Marine 1 W-1 702 Marine 2 W-2 703 Marine 3 W-3 The requirements of each Zoning District Schedule as set out in Section 300 of this Bylaw shall be applied to areas designated on the Zoning Map with the corresponding alphanumeric symbol. (a) Residential Zones Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 23 of 60 Section 301: Interpretation 301.1 Permitted Uses (1) The list of uses under the heading "Permitted Uses" in each of the zoning districts set out in this section shall be interpreted to mean the uses listed in that particular zoning district and no others shall be permitted. 301.2 Minimum Lot Area (1) Where a "Minimum Lot Area" regulation applies in a zoning district, the dimensions which follow such regulations are to be interpreted as: a) the minimum dimensions permissible for a lot which is to be used as the site of buildings for the use specified therein; and b) the minimum dimensions permissible for a new lot that is to be created by subdivision. 301.3 Minimum Lot Width (1) Where a "Minimum Lot Width" regulation applies in a zoning district, the dimensions which follow such regulations are to be interpreted as the minimum dimensions permissible for the width of a new lot, and where a percentage is used it shall mean the percentage of the perimeter of the new lot. 301.4 Maximum Heights (1) The specification of measurements for buildings, structures or accessory buildings under the general heading of "Maximum Height" in a zoning district schedule shall be interpreted as meaning the greatest height, as height is defined in this Bylaw, to which a building, structure or accessory building may be constructed on a lot which is designated on the Zoning Map (Schedule A) as being regulated by that schedule. 301.5 Minimum and Maximum Setbacks from Property Lines (1) The specification of measurements for front yard, side yard and rear yard under the general heading of "Minimum Building Setbacks" in a zoning district schedule shall be interpreted as defining the minimum distance permitted for buildings and structures (except fences) between the front, side or rear property line and the appropriate setback line on a lot which is designated on the Zoning Map as being regulated by that schedule; such setback areas constituting the front yard, side yard and rear yard respectively. (2) Where a use or structure is specifically referenced with a following measurement, it shall be interpreted as meaning that the minimum setback from a property line for that use or structure shall be the measurement specified. 301.6 Maximum Lot Coverage (1) Where a zoning district schedule includes a regulation entitled "Maximum Lot Coverage", such regulation shall be interpreted as meaning that a lot which is designated on the Zoning Map as being regulated by that schedule may not have a lot coverage, as defined in this Bylaw, which exceeds the percentage specified. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 24 of 60 301.7 Maximum Floor Area Ratio (FAR) or Maximum Gross Floor Area (1) Where a zoning district schedule includes a regulation entitled "Maximum Floor Area Ratio (FAR)" or "Maximum Gross Floor Area", it shall be interpreted to mean that a lot in an area designated as being regulated by that zoning schedule may not have buildings erected on that lot that exceed the Maximum Gross Floor Area or Maximum Floor Area Ratio, as defined in this Bylaw. 301.8 Zoning District Boundaries (1) Where a zone boundary is designated as following a highway or a watercourse, the centre line of the highway or the natural boundary of the watercourse shall be the zone boundary. (2) Where a zone boundary does not follow a legally defined line, and where distances are not specifically indicated, the location of the boundary shall be determined by scaling from the Zoning Map by a surveyor. (3) Where a parcel is divided by a zone boundary, the areas created by such division shall be deemed to be separate lots for the purpose of determining the requirements of each zoning district. 301.9 Interpretation of Units of Measurement (1) In all cases, metric units (metres, square metres) shall be the determining measurements. Expressions in imperial units (feet, square feet) are intended for reference only. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 25 of 60 Section 302: One-Family Residential Zone (RS-1) 302.1 Intent This zone is intended to provide land solely for the purpose of single-family housing, as well as one accessory coach house or one secondary suite per lot. 302.2 Permitted Principal Uses a) Single Family Residential Use b) Properties with an existing Duplex at the time of enactment of this Bylaw shall be permitted to maintain that existing use 302.3 Permitted Accessory Uses a) Home-Based Business Use (subject to the requirements of Section 210) b) One (1) Accessory Secondary Suite Use (subject to the requirements of Section 213) or one (1) Accessory Coach House Use (subject to the requirements of Section 214) c) Accessory Parking Use 302.4 Floor Area and Floor Area Ratio (FAR) a) Maximum Gross Floor Area of all Principal and Accessory Buildings shall be limited to those determined by the calculations set out in the table below, excluding those areas listed in Section 208 of this Bylaw: Lot Area Maximum Gross Floor Area Calculation 0 - 1,208 sq m (0 - 13,003 sq ft) = (Lot Area x 0.06) + 502 sq m [ = (Lot Area x 0.06) + 5,403 sq ft) ] 1,209 sq m - 2,137 sq m) (13,014 sq ft - 23,002 sq ft) = (Lot Area x 0.07) + 492 sq m [ = (Lot Area x 0.07) + 5,296 sq ft) ] 2,138 sq m - 4,738 sq m) (23,013 sq ft - 51,000 sq ft) = (Lot Area x 0.025) + 589 sq m [ = (Lot Area x 0.025) + 6,340 sq ft) ] 4,739 sq m - 8,083 sq m (51,010 sq ft - 87,005 sq ft) = (Lot Area x 0.044) + 499 sq m [ = (Lot Area x 0.044) + 5,371 sq ft) ] > 8,083 sq m (> 87,005 sq ft) 855 sq m (9,203 sq ft) b) In addition to (a), the Maximum FAR or Gross Floor Area for a Principal Building that exists or for which a building permit has been issued as of the enactment of this Bylaw shall be the FAR or Gross Floor Area at that time or the maximum allowable FAR or Gross Floor Area in subsection (a), whichever is greater. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 26 of 60 c) A Principal Building shall have a Gross Floor Area of not less than 75 square metres (807.3 square feet) and have a building width of not less than 7.5 metres (24.6 feet). d) The maximum Gross Floor Area of all Accessory Buildings on a parcel shall not exceed 150 square metres (1,615 square feet) and the maximum building footprint of all Accessory Buildings on a parcel shall not exceed 92.9 square metres (1,000 square feet). e) (See also: Section 217 - Undersized Parcels). 302.5 Subdivision of Land a) Minimum lot area: 2,023 sq m (0.5 acres) b) Minimum lot width: 10% of the perimeter of the lot 302.6 Site Coverage a) Maximum 40% 302.7 Minimum Building Setbacks a) Minimum building setbacks shall be in accordance with the following table: Use Front Lot Line Rear Lot Line Exterior Side Lot Line Interior Side Lot Line Lot Line Exterior Forested Land Principal Building 7.5 m (24.6 ft) 7.5 m (24.6 ft) (d) 3 m (9.8 ft) 1.5 m (4.9 ft) 3 m (9.8 ft) Accessory Buildings and Accessory Structures See(b) 1.5 m (4.9 ft) (d) 3 m (9.8 ft) 1.5 m (4.9 ft) 3 m (9.8 ft) b) No Accessory Building shall be located nearer to the Front Lot Line than the front wall of the Principal Building, except Garages and Accessory Coach Houses with a maximum height not greater than 4 metres (13 feet) above Average Natural Grade, which may be located nearer to the Front Lot Line than the front wall of the Principal Building, but not within 3 metres (9.8 feet) of the Front Lot Line (See Figure 6 for illustration). Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 28 of 60 302.9 Off-Street Parking a) Off-street parking spaces shall be provided on the same lot as the use being served in accordance with the following requirements: i. Minimum of 2 spaces per principal Single Family Residential Use; ii. Minimum of 1 space per non-resident employee for Accessory Home- Based Business Use; iii. Minimum of 1 space per Accessory Secondary Suite Use; and iv. Minimum of 1 space per Accessory Coach House Use. 302.10 Sustainability (enactment shall come into force and effect on September 27, 2018) a) All new construction for Principal and conditioned Accessory Buildings built under Part 9 of the BC Building Code shall fulfill the requirements of Step 3 of the BC Energy Step Code. b) All new construction for Principal and conditioned Accessory Buildings built under Part 3 of the BC Building Code shall fulfill the requirements of Step 2 of the BC Energy Step Code. 302.11 Special Conditions a) Signage i. Signage shall be limited to that permitted pursuant to Section 210 (h) - Home Based Business use. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 29 of 60 Section 303: Duplex or One or Two-House Zone (RM-1) 303.1 Intent This zone is intended to permit the development of a Duplex Residential Use or two Single Family Residential Uses on residential land that is at least 2 acres (0.8 hectares) or the development of a Single Family Residential Use. 303.2 Permitted Principal Uses a) One Single Family Residential Use b) One Duplex Residential Use on a lot greater than or equal to 8,094 sq m (2 acres) c) Two Single Family Residential Uses on a lot greater than or equal to 8,094 sq m (2 acres) d) Properties with lot sizes less than 8,094 sq m (2 acres) at the time of enactment of this Bylaw with an existing Duplex or Two Single Family Residential Uses shall be permitted to maintain that existing use. 303.3 Permitted Accessory Uses a) Home-Based Business Use (subject to the requirements of Section 210) b) One (1) Accessory Secondary Suite Use (subject to the requirements of Section 213) or one (1) Accessory Coach House Use (subject to the requirements of Section 214) per Principal Residential Use. c) Accessory Parking Use 303.4 Floor Area and Floor Area Ratio (FAR) a) Maximum Gross Floor Area of all Principal and Accessory Buildings shall be limited to those determined by the calculations set out in the table below, excluding those areas listed in Section 208 of this Bylaw: Lot Area Maximum Gross Floor Area Calculation 0 - 1,208 sq m (0 - 13,003 sq ft) = (Lot Area x 0.06) + 502 sq m [ = (Lot Area x 0.06) + 5,403 sq ft) ] 1,209 sq m - 2,137 sq m) (13,014 sq ft - 23,002 sq ft) = (Lot Area x 0.07) + 492 sq m [ = (Lot Area x 0.07) + 5,296 sq ft) ] 2,138 sq m - 4,738 sq m) (23,013 sq ft - 51,000 sq ft) = (Lot Area x 0.025) + 589 sq m [ = (Lot Area x 0.025) + 6,340 sq ft) ] 4,739 sq m - 8,083 sq m (51,010 sq ft - 87,005 sq ft) = (Lot Area x 0.044) + 499 sq m [ = (Lot Area x 0.044) + 5,371 sq ft) ] > 8,083 sq m (> 87,005 sq ft) 855 sq m (9,203 sq ft) Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 30 of 60 b) In addition to (a), the Maximum FAR or Gross Floor Area for a Principal Building that exists or for which a building permit has been issued as of the enactment of this Bylaw shall be the FAR or Gross Floor Area at that time or the maximum allowable FAR or Gross Floor Area in subsection (a), whichever is greater. c) Where two houses are proposed on a single property greater than 8,094 sq m (2 acres) in area, the Maximum Gross Floor Area of each Principal Building and its associated Accessory Building shall be determined using the table above based on half the total lot area. d) Where two houses are proposed on a single property greater than 8,094 sq m (2 acres) in area, a separation of 3 m (9.84 ft) must be provided between the two buildings. e) A Principal Building shall have a Gross Floor Area of not less than 75 sq m (807.3 sq ft) and have a building width of not less than 7.5 m (24.6 ft). f) The maximum Gross Floor Area of all Accessory Buildings on a parcel shall not exceed 150 square metres (1,615 sq ft) and the maximum building footprint of all Accessory Buildings on a parcel shall not exceed 92.9 sq m (1,000 sq ft). g) (See also: Section 217 - Undersized Parcels). 303.5 Subdivision of Land a) Minimum lot area - 4,047 sq m (1.0 acre) 303.6 Site Coverage a) Maximum 40% 303.7 Minimum Building Setbacks a) Minimum building setbacks shall be in accordance with the following table: Use Front Lot Line Rear Lot Line Exterior Side Lot Line Interior Side Lot Line Lot Line Exterior Forested Land Principal Building 7.5 m (24.6 ft) 7.5 m (24.6 ft) (d) 3 m (9.8 ft) 1.5 m (4.9 ft) 3 m (9.8 ft) Accessory Buildings and Accessory Structures See(b) 1.5 m (4.9 ft) (d) 3 m (9.8 ft) 1.5 m (4.9 ft) 3 m (9.8 ft) b) No Accessory Building shall be located nearer to the Front Waterfront Lot Line than the front wall of the Principal Building. (See Figure 8 for illustration). Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 31 of 60 Figure 8. Accessory Building Front Setback Illustration (RM-1 front waterfront) c) Notwithstanding (a), Fences and Retaining Walls may be built at the property line. d) Notwithstanding (a), in cases where the Front Lot Line is the high water mark, the minimum Front Lot Line setback shall be 7.5 m (24.6 feet) for all Principal Buildings, Accessory Buildings, and Accessory Structures (see Section 215). 303.8 Buildings and Structures a) The maximum number and maximum height of Principal Buildings, Accessory Buildings, and Accessory Structures shall be in accordance with the following table: Maximum Number Maximum Height Principal Buildings 2 9.6 m (31.5 ft) (b) Accessory Buildings 2 7 m (23.0 ft) Accessory Structures Not Applicable 3 m (9.8 ft) (e) b) No portion of the building shall be greater in height than 11.7 m (38.4 ft) to be measured from the lowest finished grade adjacent to any exterior wall to the highest part of the building. c) The Roof Drip Line of any accessory building shall not at any point project into a required setback more than 60 centimetres (23.6 inches). d) All exterior perimeter of an accessory building shall rise vertically at 90 degrees from the foundation throughout the fullest vertical extension of the exterior wall. e) Maximum height of Fences and Retaining Walls are subject to Section 219. f) Where an Accessory Building is only used for sewage disposal components, the Accessory Building shall not be included in the determination of the permitted number of Accessory Buildings permitted on the parcel. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 32 of 60 303.9 Off-Street Parking a) Not Applicable. 303.10 Sustainability (enactment shall come into force and effect on September 27, 2018) a) All new construction for Principal and conditioned Accessory Buildings built under Part 9 of the BC Building Code shall fulfill the requirements of Step 3 of the BC Energy Step Code. b) All new construction for Principal and conditioned Accessory Buildings built under Part 3 of the BC Building Code shall fulfill the requirements of Step 2 of the BC Energy Step Code. 303.11 Special Conditions a) Signage i. Signage shall be limited to that permitted pursuant to Section 210 (h) - Home Based Business use. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 33 of 60 Section 304: Farrer Cove South Zone (RM-2) 304.1 Intent This zone is intended to permit the development of a Duplex Residential Use or two Single Family Residential Uses on residential land that is at least 2 acres (0.8 hectares) or the development of a Single Family Residential Use in Farrer Cove South. 304.2 Permitted Principal Uses a) One Single Family Residential Use b) One Duplex Residential Use on a lot greater than or equal to 8,094 sq m (2 acres) c) Two Single Family Residential Uses on a lot greater than or equal to 8,094 sq m (2 acres) d) Properties with lot sizes less than 8,094 sq m (2 acres) at the time of enactment of this Bylaw with an existing Duplex or Two Single Family Residential Uses shall be permitted to maintain that existing use. 304.3 Permitted Accessory Uses a) Home-Based Business Use (subject to the requirements of Section 210) b) One (1) Accessory Secondary Suite Use (subject to the requirements of Section 213) or one (1) Accessory Coach House Use (subject to the requirements of Section 214) per Principal Residential Use. c) Accessory Parking Use 304.4 Floor Area and Floor Area Ratio (FAR) a) Maximum Gross Floor Area of all Principal and Accessory Buildings shall be limited to those determined by the calculations set out in the table below, excluding those areas listed in Section 208 of this Bylaw: Lot Area Maximum Gross Floor Area Calculation 0 - 1,208 sq m (0 - 13,003 sq ft) = (Lot Area x 0.06) + 502 sq m [ = (Lot Area x 0.06) + 5,403 sq ft) ] 1,209 sq m - 2,137 sq m) (13,014 sq ft - 23,002 sq ft) = (Lot Area x 0.07) + 492 sq m [ = (Lot Area x 0.07) + 5,296 sq ft) ] 2,138 sq m - 4,738 sq m) (23,013 sq ft - 51,000 sq ft) = (Lot Area x 0.025) + 589 sq m [ = (Lot Area x 0.025) + 6,340 sq ft) ] 4,739 sq m - 8,083 sq m (51,010 sq ft - 87,005 sq ft) = (Lot Area x 0.044) + 499 sq m [ = (Lot Area x 0.044) + 5,371 sq ft) ] > 8,083 sq m (> 87,005 sq ft) 855 sq m (9,203 sq ft) Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 34 of 60 b) In addition to (a), the Maximum FAR or Gross Floor Area for a Principal Building that exists or for which a building permit has been issued as of the enactment of this Bylaw shall be the FAR or Gross Floor Area at that time or the maximum allowable FAR or Gross Floor Area in subsection (a), whichever is greater. c) Where two houses are proposed on a single property greater than or equal to 8,094 sq m (2 acres) in area, the Maximum Gross Floor Area of each Principal Building and its associated Accessory Building shall be determined using the table above based on half the total lot area. d) Where two houses are proposed on a single property greater than or equal to 8,094 sq m (2 acres) in area, a separation of 3 m (9.84 ft) must be provided between the two buildings. e) A Principal Building shall have a Gross Floor Area of not less than 75 sq m (807.3 sq ft) and have a building width of not less than 7.5 metres (24.6 ft). f) The maximum Gross Floor Area of all Accessory Buildings on a parcel shall not exceed 150 sq m (1,615 sq ft) and the maximum building footprint of all Accessory Buildings on a parcel shall not exceed 92.9 sq m (1,000 sq ft). g) (See also: Section 217 - Undersized Parcels). 304.5 Subdivision of Land a) Minimum lot area - 4,047 sq m (1.0 acre) 304.6 Site Coverage a) Maximum 40% 304.7 Minimum Building Setbacks a) Minimum building setbacks shall be in accordance with the following table: Use Front Waterfront Lot Line Rear Lot Line Exterior Side Lot Line Interior Side Lot Line Principal Building 7.5 m (24.6 ft) 7.5 m (24.6 ft) 3 m (9.8 ft) 1.5 m (4.9 ft) Accessory Buildings and Accessory Structures See(b) 1.5 m (4.9 ft)(d) 3 m (9.8 ft) 1.5 m (4.9 ft) b) No Accessory Building shall be located nearer to the Front Waterfront Lot Line than the front wall of the Principal Building. (See Figure 9 for illustration) Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 35 of 60 Figure 9. Accessory Building Front Setback Illustration (RM-2 front waterfront) c) Notwithstanding (a), Fences and Retaining Walls may be built at the property line. d) Notwithstanding (a), in cases where the Front Lot Line is the high water mark, the minimum Front Lot Line setback shall be 7.5 m (24.6 ft) for all Principal Buildings, Accessory Buildings, and Accessory Structures (see Section 215). 304.8 Buildings and Structures a) The maximum number and maximum height of Principal Buildings, Accessory Buildings, and Accessory Structures shall be in accordance with the following table: Maximum Number Maximum Height Principal Buildings 2 9.6 m (31.5 ft) (b) Accessory Buildings 2 7 m (23.0 ft) Accessory Structures Not Applicable 3 m (9.8 ft)(e) b) No portion of the building shall be greater in height than 11.7 m (38.4 ft) to be measured from the lowest finished grade adjacent to any exterior wall to the highest part of the building. c) The Roof Drip Line of any accessory building shall not at any point project into a required setback more than 60 centimetres (23.6 inches). d) All exterior perimeter of an accessory building shall rise vertically at 90 degrees from the foundation throughout the fullest vertical extension of the exterior wall. e) Maximum height of Fences and Retaining Walls are subject to Section 219. f) Where an Accessory Building is only used for sewage disposal components, the Accessory Building shall not be included in the determination of the permitted number of Accessory Buildings permitted on the parcel. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 36 of 60 304.9 Off-Street Parking a) Not Applicable. 304.10 Sustainability (enactment shall come into force and effect on September 27, 2018) a) All new construction for Principal and conditioned Accessory Buildings built under Part 9 of the BC Building Code shall fulfill the requirements of Step 3 of the BC Energy Step Code. b) All new construction for Principal and conditioned Accessory Buildings built under Part 3 of the BC Building Code shall fulfill the requirements of Step 2 of the BC Energy Step Code. 304.11 Special Conditions a) Signage i. Signage shall be limited to that permitted pursuant to Section 210 (h) - Home Based Business use. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 37 of 60 Section 305: Duplex or Four-House Zone (RM-3) 305.1 Intent This zone is intended to permit the development of a Duplex Residential Use or between two to four Single Family Residential Uses on residential land that is 1 acre (0.4 hectares) or more. 305.2 Permitted Principal Uses a) One Duplex Residential Use; or b) Two to four Single Family Residential Uses. 305.3 Permitted Accessory Uses a) Home-Based Business Use (subject to the requirements of Section 210) b) One (1) Accessory Secondary Suite Use (subject to the requirements of Section 213) or one (1) Accessory Coach House Use (subject to the requirements of Section 214) per Principal Residential Use. c) Accessory Parking Use 305.4 Floor Area and Floor Area Ratio (FAR) a) Maximum Gross Floor Area of all Principal and Accessory Buildings shall be limited to those determined by the calculations set out in the table below, excluding those areas listed in Section 208 of this Bylaw: Lot Area Maximum Gross Floor Area Calculation 4,046 sq m - 4,738 sq m) (43,551 sq ft - 51,000 sq ft) = (Lot Area x 0.025) + 589 sq m [ = (Lot Area x 0.025) + 6,340 sq ft) ] 4,739 sq m - 8,083 sq m (51,010 sq ft - 87,005 sq ft) = (Lot Area x 0.044) + 499 sq m [ = (Lot Area x 0.044) + 5,371 sq ft) ] > 8,083 sq m (> 87,005 sq ft) 855 sq m (9,203 sq ft) b) In addition to (a), the Maximum FAR or Gross Floor Area for a Principal Building that exists or for which a building permit has been issued as of the enactment of this Bylaw shall be the FAR or Gross Floor Area at that time or the maximum allowable FAR or Gross Floor Area in subsection (a), whichever is greater. c) A Principal Building shall have a Gross Floor Area of not less than 75 sq m (807.3 sq ft) and have a building width of not less than 7.5 m (24.6 ft). d) The maximum Gross Floor Area of all Accessory Buildings on a parcel shall not exceed 150 sq m (1,615 sq ft) and the maximum building footprint of all Accessory Buildings on a parcel shall not exceed 92.9 sq m (1,000 sq ft). Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 38 of 60 305.5 Subdivision of Land a) Minimum lot area - 4,047 sq m (1.0 acre) b) Minimum lot width: 10% of the perimeter of the lot 305.6 Site Coverage a) Maximum 40% 305.7 Minimum Building Setbacks a) Minimum building setbacks shall be in accordance with the following table: Use Front Lot Line Rear Lot Line Exterior Side Lot Line Interior Side Lot Line Principal Building 7.5 m (24.6 ft) 7.5 m (24.6 ft) 3 m (9.8 ft) 1.5 m (4.9 ft) Accessory Buildings and Accessory Structures See(b)(c)(d) 1.5 m (4.9 ft)(d) 3 m (9.8 ft)(d) 1.5 m (4.9 ft)(d) b) For properties with public road access: i. No Accessory Building shall be located nearer to the Front Lot Line than the front wall of the Principal Building, except Garages and Accessory Coach Houses with a maximum height not greater than 4 metres (13 feet) above Average Natural Grade, which may be located nearer to the Front Lot Line than the front wall of the Principal Building, but not within 3 metres (9.8 feet) of the Front Lot Line (See Figure 10 for illustration). Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 40 of 60 305.8 Buildings and Structures a) The maximum number and maximum height of Principal Buildings, Accessory Buildings, and Accessory Structures shall be in accordance with the following table: Maximum Number Maximum Height Principal Buildings 4 9.6 m (31.5 ft) (b) Accessory Buildings 4 7 m (23.0 ft) Accessory Structures Not Applicable 3 m (9.8 ft)(e) b) No portion of the building shall be greater in height than 11.7 m (38.4 ft) to be measured from the lowest finished grade adjacent to any exterior wall to the highest part of the building. c) The Roof Drip Line of any accessory building shall not at any point project into a required setback more than 60 centimetres (23.6 inches). d) All exterior perimeter of an accessory building shall rise vertically at 90 degrees from the foundation throughout the fullest vertical extension of the exterior wall. e) Maximum height of Fences and Retaining Walls are subject to Section 119. f) Where an Accessory Building is only used for sewage disposal components, the Accessory Building shall not be included in the determination of the permitted number of Accessory Buildings permitted on the parcel. 305.9 Off-Street Parking a) Off-street parking spaces shall be provided on the same lot as the use being served in accordance with the following requirements: i. Minimum of 2 spaces per Duplex unit or per Single Family Residential Use ii. Minimum of 1 space per non-resident employee for Accessory Home-Based Business Use iii. Minimum of 1 space per Accessory Secondary Suite Use iv. Minimum of 1 space per Accessory Coach House Use 305.10 Sustainability (enactment shall come into force and effect on September 27, 2018) a) All new construction for Principal and conditioned Accessory Buildings built under Part 9 of the BC Building Code shall fulfill the requirements of Step 3 of the BC Energy Step Code. b) All new construction for Principal and conditioned Accessory Buildings built under Part 3 of the BC Building Code shall fulfill the requirements of Step 2 of the BC Energy Step Code. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 41 of 60 305.11 Special Conditions a) Signage i. Signage shall be limited to that permitted pursuant to Section 210 (h) - Home Based Business use. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 42 of 60 Section 400: Civic Institutional Zones This page left blank intentionally. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 43 of 60 Section 401: Civic Institutional (CI-1) 401.1 Intent This zone is intended to provide land for the purpose of accommodating facilities owned and operated by a government agency or non-profit organizations. 401.2 Permitted Principal Uses a) Civic Use b) Public Service Use c) Assembly Use 401.3 Permitted Accessory Uses a) Accessory Single Family Residential Use b) Accessory Uses 401.4 Floor Area and Floor Area Ratio (FAR) Not Applicable 401.5 Subdivision of Land a) Minimum lot area - Not Applicable b) Minimum lot width: 10% of the perimeter of the lot 401.6 Site Coverage a) Maximum 40% 401.7 Minimum Building Setbacks Use Front Lot Line Rear Lot Line Exterior Side Lot Line Interior Side Lot Line Principal Building 7.5 m (24.6 ft) 6 m (19.7 ft) 6 m (19.7 ft) 6 m (19.7 ft) Accessory Buildings and Accessory Structures 7.5 m (24.6 ft) 6 m (19.7 ft) 6 m (19.7 ft) 6 m (19.7 ft) Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 44 of 60 401.8 Buildings and Structures Maximum Number Maximum Height Principal Buildings 1 10.7 m (35.1 ft) Accessory Buildings and Accessory Structures Not Applicable 4.5 m (14.8 ft) 401.9 Off-Street Parking (1) Off-street parking spaces shall be provided on the same lot as the use being served in accordance with the following requirements: a) Civic or Assembly Use - 1 space per 12 square metres (129.2 square feet) of gross floor area; b) Public Service Use - no parking required; c) Accessory Single Residential Use - 1 space. 401.10 Sustainability (enactment shall come into force and effect on September 27, 2018) a) All new construction for Principal and conditioned Accessory Buildings built under Part 9 of the BC Building Code shall fulfill the requirements of Step 3 of the BC Energy Step Code. b) All new construction for Principal and conditioned Accessory Buildings built under Part 3 of the BC Building Code shall fulfill the requirements of Step 2 of the BC Energy Step Code. 401.11 Special Conditions (1) Signage Signs and other visual advertising devices shall be limited to either: a) a single unilluminated board or sign not exceeding 0.4 square metres (4.3 square feet) in area, placed flat against an exterior wall of a building; b) a free-standing unilluminated board or sign not exceeding 0.4 square metres (4.3 square feet) in area; or c) individual letters attached to the exterior wall of a building, each letter not exceeding 50 square centimetres (7.75 square inches) in area. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 45 of 60 Section 500: Park Zones This page left blank intentionally. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 46 of 60 Section 501: Regional Park (P-1) 501. 1 Intent This zone provides for the location, preservation and development of public land for park uses within Belcarra Regional Park. 501. 2 Permitted Principal Uses a) Park Facilities b) Parking Area c) Passive Outdoor Recreation Use d) Boat Launch (Cartop) Use e) Single Family Residential Use 501. 3 Permitted Accessory Uses a) Accessory Single Family Residential Use b) Accessory Uses c) Telecommunications equipment on that portion of Belcarra Regional Park identified on Schedule "A" attached hereto this bylaw and generally identified as Drawing(s) No. 3018- S7, 3018-A3, 3018-A3B and 3018-A1 501. 4 Floor Area and Floor Area Ratio (FAR) Not Applicable 501. 5 Subdivision of Land a) Minimum lot area - Not Applicable b) Minimum lot width - Not Applicable 501. 6 Site Coverage Not Applicable Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 47 of 60 501. 7 Minimum Building Setbacks Use Front Lot Line Rear Lot Line Exterior Side Lot Line Interior Side Lot Line Principal Building 7.5 m (24.6 ft)(a) 7.5 m (24.6 ft)(a) 7.5 m (24.6 ft)(a) 7.5 m (24.6 ft)(a) Accessory Buildings and Accessory Structures 7.5 m (24.6 ft)(a) 7.5 m (24.6 ft)(a) 7.5 m (24.6 ft)(a) 7.5 m (24.6 ft)(a) a) In the case where the abutting property is zoned a Residential Zone, no building shall be located within 30 metres (98.4 feet) of the property line, except for a building used as an Accessory Single Residential Dwelling, which shall not be located within 7.5 metres (24.6 feet) of the property line. 501. 8 Buildings and Structures Maximum Number Maximum Height Principal Buildings Not Applicable 10.7 m (35.1 ft) Accessory Buildings and Accessory Structures Not Applicable 10.7 m (35.1 ft) 501. 9 Off-Street Parking (1) Off-street parking spaces shall be provided on the same lot as the use being served in accordance with the following requirements: a) Park Facilities - 1 space per 50 sq m (538 sq ft) of Gross Floor Area. 501. 10 Sustainability (enactment shall come into force and effect on September 27, 2018) a) All new construction for Principal and conditioned Accessory Buildings built under Part 9 of the BC Building Code shall fulfill the requirements of Step 3 of the BC Energy Step Code. b) All new construction for Principal and conditioned Accessory Buildings built under Part 3 of the BC Building Code shall fulfill the requirements of Step 2 of the BC Energy Step Code. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 48 of 60 501. 11 Special Conditions (1) Watershed Protection a) Use and/or development of land zoned P-1 and P-2 shall be subject to Section 221 of this Bylaw - Watershed Protection. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 49 of 60 Section 502: Provincial Park (P-2) 502.1 Intent This zone is intended to apply to land within the Indian Arm Provincial Park. 502.2 Permitted Principal Uses a) Passive Outdoor Recreation Use 502.3 Permitted Accessory Uses a) Accessory Uses 502.4 Floor Area and Floor Area Ratio (FAR) Not Applicable 502.5 Subdivision of Land a) Minimum lot area - Not Applicable b) Minimum lot width - Not Applicable 502.6 Site Coverage Not Applicable 502.7 Minimum Building Setbacks Not Applicable 502.8 Buildings and Structures Maximum Number Maximum Height Principal Buildings Not Applicable 4 m (13.1 ft) Accessory Buildings and Accessory Structures Not Applicable 4 m (13.1 ft) Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 50 of 60 502.9 Off-Street Parking Not Applicable 502.10 Sustainability (enactment shall come into force and effect on September 27, 2018) a) All new construction for Principal and conditioned Accessory Buildings built under Part 9 of the BC Building Code shall fulfill the requirements of Step 3 of the BC Energy Step Code. b) All new construction for Principal and conditioned Accessory Buildings built under Part 3 of the BC Building Code shall fulfill the requirements of Step 2 of the BC Energy Step Code. 502.11 Special Conditions (1) The use of Accessory Buildings and Structures shall be limited to servicing and maintenance activities such as public washrooms; (2) Boat launching facilities shall not be permitted. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 51 of 60 Section 600: Rural Zones This page left blank intentionally. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 52 of 60 Section 601: Rural (R-1) 601.1 Intent This zone is intended to apply to land that is required for either the supply of domestic water to Village residents or for future park use. 601.2 Permitted Principal Uses Not Applicable 601.3 Permitted Accessory Uses Not Applicable 601.4 Floor Area and Floor Area Ratio (FAR) Not Applicable 601.5 Subdivision of Land Not Applicable 601.6 Site Coverage Not Applicable 601.7 Minimum Building Setbacks Not Applicable 601.8 Buildings and Structures Not Applicable 601.9 Off-Street Parking Not Applicable 601.10 Special Conditions a) Land within the Residential Zones may be used for the catchment, containment and diversion of water; b) Land within the Residential Zones shall remain undisturbed in a natural state; c) Land within the Residential Zones shall be subject to Section 221 of this Bylaw - Watershed Protection. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 53 of 60 Section 700: Marine Zones This page left blank intentionally. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 54 of 60 Section 701: Marine 1 (W-1) 701.1 Intent This zone provides for the development of water-oriented uses in compatibility with the adjacent residential uses and public recreation area. 701.2 Permitted Principal Uses a) Floats, wharves, piers and walkways necessary for practical access to property immediately abutting the foreshore except a Wharfage Facility (Group) and Wharfage Facility (Shared); b) Recreational vessel moorage; c) Marine parks. 701.3 Permitted Accessory Uses Not Applicable 701.4 Floor Area and Floor Area Ratio (FAR) Not Applicable 701.5 Subdivision of Land Not Applicable 701.6 Site Coverage Not Applicable 701.7 Minimum Building Setbacks Not Applicable 701.8 Buildings and Structures Not Applicable 701.9 Off-Street Parking Not Applicable Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 55 of 60 701.10 Special Conditions (1) No commercial or industrial activity other than private residential boat chartering and water taxi operations shall take place on a float, wharf or pier. (2) All floats, wharves, piers and walkways must be located within the boundaries of water licence or sublicence of occupation granted or approved by the Vancouver Fraser Port Authority and, where applicable, the Village of Belcarra. Vessels navigating the harbour and their mooring, berthing, etc. are subject to the regulation and control of the Vancouver Fraser Port Authority. (3) No float or wharf shall extend any further distance from the shore than is necessary for boat access and in cases where the length may exceed 45 metres (147.6 feet), shall in no event extend beyond a point where there is more than 2.5 metres (8.2 feet) depth of water at extreme low Spring tides. (4) No section of a float or wharf shall exceed a width of 6 metres (19.7 feet), except for a maximum of 2 wharf fingers, each of which may have a length of no more than 7.5 metres (24.6 feet) and a width of no more than 1.2 metres (3.9 feet). (Note: No portion of an access walkway that connects a public road to a float or wharf shall exceed a width of 2 metres (6.6 feet).) (5) No building, shed or structure may be erected on any float or wharf in this zone other than necessary posts to carry lighting fixtures and the necessary wiring thereto together with such other posts, rails, and supports as may be necessary for safety. (6) Floats, wharves, piers and walkways shall be designed and constructed as to not impede pedestrian access along the public foreshore nor diminish public access to the beach. (7) Signage of wharfage facilities shall be restricted to improvements within the boundaries of a water license or lease, and signs shall not be situated on municipally administered lands. (8) Float homes and houseboats shall not be permitted. (9) All discharged effluent shall be from a certified treatment system that complies with the standards for sewage discharge into a marine environment as established by the responsible authority. (10) The maximum length of a wharf shall not exceed 17 metres (55.8 feet). Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 56 of 60 Section 702: Marine 2 (W-2) 702.1 Intent This zone is intended to accommodate group wharfage facilities. 702.2 Permitted Principal Uses a) Wharfage Facility (Group); b) All uses permitted within the W-1 zone. 702.3 Permitted Accessory Uses Not Applicable 702.4 Floor Area and Floor Area Ratio (FAR) Not Applicable 702.5 Subdivision of Land Not Applicable 702.6 Site Coverage Not Applicable 702.7 Minimum Building Setbacks Not Applicable 702.8 Buildings and Structures Not Applicable 702.9 Off-Street Parking Not Applicable 702.10 Special Conditions a) All uses shall comply with Section 701.10 of the Marine 1 (W-1) zone (Special Conditions), except for Section 701.10 (4). b) No section of a float or wharf shall exceed a width of 6 metres (19.7 feet), except for a maximum of 3 wharf fingers, each of which may have a length of no more than 7.5 metres (24.6 feet) and a width of no more than 1.2 metres (3.9 feet). (Note: No portion of an access walkway that connects a public road to a float or wharf shall exceed a width of 2 metres (6.6 feet). Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 57 of 60 Section 703: Marine 3 (W-3) 703.1 Intent This zone is intended to accommodate shared wharfage facilities. 703.2 Permitted Principal Uses a) Wharfage Facility (Shared); b) All uses permitted within the W-1 zone. 703.3 Permitted Accessory Uses Not Applicable 703.4 Floor Area and Floor Area Ratio (FAR) Not Applicable 703.5 Subdivision of Land Not Applicable 703.6 Site Coverage Not Applicable 703.7 Minimum Building Setbacks Not Applicable 703.8 Buildings and Structures Not Applicable 703.9 Off-Street Parking Not Applicable 703.10 Special Conditions a) All uses shall comply with Section 701.10 of the Marine 1 (W-1) zone (Special Conditions), except for Section 701.10 (4). b) No section of a float or wharf shall exceed a width of 6 metres (19.7 feet), except for a maximum of 3 wharf fingers, each of which may have a length of no more than 7.5 metres (24.6 feet) and a width of no more than 1.2 metres (3.9 feet). (Note: No portion of an access walkway that connects a public road to a float or wharf shall exceed a width of 2 metres (6.6 feet). Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 58 of 60 Section 800: Subdivision of Land 800.1 Regulation of Subdivision (1) The purpose of this Division is to regulate the minimum dimensions and area of parcels of land which may be created by subdivision. 800.2 Minimum Lot Size and Width (1) The size and width of a parcel to be created by subdivision and which may lawfully be used as the site for a building shall not be less than the minimum dimensions and area for the construction of buildings or dwellings, as set out in the minimum lot size and width statement in the applicable zoning district schedule, where such minimum area and width have been specified. 800.3 Minimum Frontage (1) No parcel of land in any proposed subdivision, excepting those parcels designated RM-1 or RM-2, shall have less than 10% of its perimeter fronting on a highway, in accordance with Section 512 of the Local Government Act. For parcels designated RM-1 or RM-2, the minimum frontage shall be 15 metres (49.2 feet). This regulation may be relaxed by the Council upon application by the property owner. (2) Notwithstanding Section 800.3 (1), the minimum frontage for parcels of land in a cul-de-sac subdivision may be less than 10% of the perimeter of the parcel, provided that the minimum frontage is not less than 15 metres (49.2 feet) and the width of the lot is not less than 20 metres (65.6 feet) measured 10 metres (32.8 feet) back in a perpendicular manner from the front lot line. 800.4 Parcels Exempt from Minimum Lot Size Requirements (1) The consolidation of two or more parcels into a single parcel is permitted, notwithstanding that the consolidated parcel may not comply with the minimum parcel size requirement as specified in the zoning district in which the new parcel is situated. (2) The realignment of property lines to create new parcels may be permitted provided that: a) the number of new parcels created by subdivision would be equal to or less than the number of parcels that existed prior to the subdivision, and; b) the boundary change would not result in the creation of a parcel having less than 80% of the area of any of the original parcels. 800.5 Parcel Shape (1) Unless the pattern of existing subdivision precludes it, and unless it is impracticable, side lot lines shall be perpendicular or radial to the adjoining highway. (2) No panhandle lot shall be created where the access strip is narrower than 7.5 metres (24.6 feet). Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 59 of 60 Section 900: Severability and Enforcement 900.1 Severability of Bylaw (1) If any Division, Section, Subsection, Sentence, Clause or Phrase of this Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Bylaw. 900.2 Violations (1) Each person who contravenes any of the provisions of this Bylaw shall commit an offence against the Bylaw; and each day that such contravention continues shall constitute a separate offence. 900.3 Penalty (1) Each person who commits an offence against this Bylaw shall be liable on summary conviction to a penalty of up to $5,000.00. 900.4 Entry (1) The Chief Administrative Officer (CAO) and the Building Inspector may enter at all reasonable times premises or lands subject to this Bylaw in order to ascertain whether the provisions of the Bylaw are being observed. Obstruction of the CAO or Building Inspector on entry, under this section, shall constitute an offence. 900.5 Administration (1) The Building Inspector or any other official who may be appointed by Council shall interpret and administer the provisions of this Bylaw. Village of Belcarra Zoning Bylaw No. 510, 2018 J:\Files Admin\Administration\Bylaws\Consolidated Bylaws\Bylaw 510 2018 Zoning Bylaw Consolidated .docx Page 60 of 60 Section 1000: Repeal and Effective Date 1001 - REPEAL OF PREVIOUS BYLAW (1) "Village of Belcarra Zoning Bylaw No. 253, 1996" and all amendments thereto are hereby repealed. READ A FIRST TIME on March 12, 2018. READ A SECOND TIME on March 12, 2018. PUBLIC HEARING HELD on April 5, 2018 READ A THIRD TIME on April 9, 2018 ADOPTED by the Council on April 23, 2018 Ralph Drew Mayor Lorna Dysart Chief Administrative Officer This is a certified a true copy of (Bylaw No. 510, 2018) Chief Administrative Officer W-3 W-2 W-1 W-1 W-1 N Village of Belcarra Official Zoning Map RS-1 - One Family Residential Zone RM-1 - Duplex or One or Two-House Zone * RM-2 - Farrer Cove South Zone * RM-3 - Duplex or Four-House Zone (not prezoned) CI-1 - Civic Institutional P-1 - Regional Park P-2 - Provincial Park R-1 - Rural W-1 Marine 1 W-2 - Marine 2 W-3 - Marine 3 Schedule A Village of Belcarra Zoning Bylaw No 510, 2018 Consolidated Zoning Map April 23, 2018 * RM-1 and RM-2 properties do not frront on a public road; water access City of Port Moody Village of Belcarra Farrer Cove Access Road Lake Sasamat City of Port Moody Village of Belcarra District of North Vancouver Village of Belcarra P-2 P-2 CI-1 CI-1 RM-1 RM-1 RM-1 P-1 P-1 P-1 RS-1 RS-1 RS-1 R-1 RM-2 W-3 P-1 P-1 RS-1 0 200 400 600 800 1000 metres Schedule A