Zoning Bylaw No. 133, 2016 (Consolidated to April 1, 2025)
Clearwater, British Columbia
· adopted 2016-01-01
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DISTRICT OF CLEARWATER
ZONING BYLAW NO. 133, 2016
CONSOLIDATED APRIL 1, 2025
CONSOLIDATED FOR CONVENIENCE ONLY
This information has been prepared by the District of Clearwater for convenience only.
The District of Clearwater does not represent that the consolidated bylaw is up to date
or complete and anyone using this material should confirm its content by reference
to the original legislation, codes, bylaws and their amendments.
l
Record of Amendments to Zoning Bylaw 133, 2016
Page 1
RECORD OF AMENDMENTS TO
DISTRICT OF CLEARWATER
ZONING BYLAW 133, 2016
Adoption
Date:
Bylaw
No.:
Description:
Zone
From:
Zone
To:
September 9,
2016
157, 2016
Schedule A is revised by rezoning the 9 ha parcel
west of Norfolk Rd and south of Yellowhead Hwy#5,
legally described Lot 4, DL 2619, KDYD, Plan 2225,
except Plans 29581 and KAP92047 from R-1:
Residential Single Family and Duplex to R-2:
Compact Residential
R-1
R-2
July 9, 2019
167, 2017
Zoning classification on Lot B, DL2619, KDYD, Plan
40549 is changed from R-1: Residential Single
Family and Duplex to P-2: Institutional
R-1
P-2
June 5, 2018
184, 2018
Insert into s. 8.3.3 Permitted Uses - Site Specific as
follows:
single family dwelling in the case of Strata Lots 3 to
32, District Lot 3856, KDYD, Strata Plan EPS2429,
together with an interest in the Common Property in
Proportion to the Unit Entitlement of the Strata Lot as
Shown on Form V (400-484, 488 Lytton Crescent).
R-3
R-3 SS
June 5, 2018
186, 2018
New definitions added for Cannabis, Cannabis
Retail, Personal Service Use, Retail Store,
Convenience Store.
Replace s 5.23 with Licensed Medical Marihuana
Production Facilities & Non-Medical Cannabis Retail
section.
Insert cannabis retail to the list of prohibited home-
based business uses to s. 5.18 f) xi.
July 9, 2019
211, 2019
Zoning classification on a 7.5 ha portion of land at
429 Haywood Rd, legally described DL3854, KDYD,
except Plans 7371 and 13434 is changed from RL-1:
Rural to C-4: Recreational Commercial with a site-
specific amendment as follows:
9.4.2.1 Permitted Uses - Site Specific
In the case of 429 Haywood Rd (DL3854, KDYD, exp
Plans 7371 and 13434) traveller accommodation use
limited to a maximum of 15 tourist cabins and one
tea house, only, and no other principal uses listed (a)
to (k) above are permitted.
RL-1
C-4 SS
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Record of Amendments to Zoning Bylaw 133, 2016
Page 2
June 4, 2019
212, 2019
New definitions for Cannabis, Medical Marihuana
Production Facility replaced with Cannabis
Production Facility with new definition.
Replace s 5.23 entirely with Cannabis Production
Facilities and Cannabis Retail into s 5.23.1, 5.23.2,
5.23.3
Insert into s 9.1.2 - i) cannabis Retail (renumber the
remaining)
Insert into s 9.5.2- p) cannabis retail (renumber the
remaining)
Insert the following s 5.24.3: Despite the preceding,
no more than one dwelling per lot is permitted on
ALR lands unless expressly approved by the
Agricultural Land Commission.
Insert the following s 5.25.4: Despite the preceding,
no more than one dwelling per lot is permitted on
ALR lands unless expressly approved by the
Agricultural Land Commission.
February 4,
2020
231, 2019
Schedule A is amended by rezoning 37E Old North
Thompson Highway (legally described as Lot 8,
District Lot 2620, KDYD, Plan 8333) from C-1:
General Commercial to P-1: Parks and Recreation
C-1
P-1
August 18,
2020
239, 2020
Add new Section 5.28 as follows:
Bee Keeping
Beekeeping is permitted in all zones subject to
compliance with Animal Control Bylaw No. 148,
2016, as amended and superseded
January 19,
2021
246,2020
The zoning classification on a 7.5 ha portion of land
at 429 Haywood Road (legally described as District
Lot 3854, KDYD, Except Plans 7371 and 13434) is
changed from C-4 Recreational Commercial to RL-1
Rural with deletion of a site specific amendment
C-4
RL-1
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Record of Amendments to Zoning Bylaw 133, 2016
Page 3
April 6, 2021
248, 2021
Zoning Bylaw 133, 2016 is amended as follows:
2.1 By adding the following definition to
Part 2.2 in alphabetical order:
RACETRACK means an area of land,
other than a road, used primarily for
the sports of racing vehicles including,
without limiting the generality of the
foregoing, racing cars, stock cars, go-
carts and motorcycles, with or without
related bleachers, spectator stands,
refreshment
booths,
food
concessions, or other structures or
uses accessory thereto, but does not
include traveller accommodation use,
campground,
or
permanent
retail
stores.
2.2
By adding a new Section 10.2.3 to the
I-2 Zone as follows and renumbering
remaining sections accordingly:
10.2.3 PERMITTED USES - SITE
SPECIFIC
The
following
uses
are
permitted on a site-specific basis only:
a) Racetrack in the case of
Lot A, District Lot 1725, KDYD, Plan
KAP91502.
2.3
The map attached hereto as Schedule
"1" is incorporated in and forms part of
this bylaw.
I-2
Record of Amendments to Zoning Bylaw 133, 2016
Page 4
August 20,
2021
253, 2021
Zoning Bylaw 133, 2016 is amended as follows:
2.1 Adding the following definition to Part
2.2 in alphabetical order:
DUPLEX SUITE means a residential
use consisting of a self-contained
dwelling unit wholly contained within
the same building as a duplex.
2.2
Adding a new Section 8.1.2 g) as a
PERMITTED USE to the R-1 Zone as
follows:
g) duplex suite, where each half-
duplex may contain one suite, only in
the case of District Lot 3852, KDYD,
Except:
(1)
Plans
H558,
12907,
19332, 24061 and KAP70712; (2)
Parcel A (DD250793F); AND Lot A,
District Lot 3852, KDYD, Plan 24061,
Except Plans 24951 and KAP70712
June 7, 2022
263, 2022
Zoning Bylaw 133, 2016 is amended as follows:
2.1 Schedule "A" Zoning Map, to Bylaw
133, is amended by rezoning the
southern portion of Lot 1, District Lot
1681, KDYD, Plan EPP113970 from
C-2: Service Commercial to CR-1:
Country Residential, as shown in
cross hatching.
2.2
The map attached hereto as Schedule
"1" is incorporated in and forms parts
of this bylaw.
June 6, 2023
270, 2023
Zoning Bylaw 133, 2016 is amended as follows:
2.1
Schedule "A" Zoning Map, to Bylaw
133, is amended by rezoning the
northern +/-6.25 hectare portion of Lot
4, District Lot 2619, Kamloops Division
Yale District, Plan 2225 except Plans
29581 and KAP92047, from R-2:
Compact
Residential
to
MHP-1:
Manufactured Home Park, as shown
shaded on Schedule "1" attached
hereto.
2.6
The map attached hereto as Schedule
"1" is incorporated in and forms part of
this bylaw.
R-2
MHP-1
Record of Amendments to Zoning Bylaw 133, 2016
Page 5
August 20,
2024
302, 2024
Zoning Bylaw 133, 2016 is amended as follows:
2.1 Schedule "A" Zoning Map of Bylaw
133, is amended by applying zoning
as shown on Schedule "1" to the lands
legally described as:
Strata Lots 1-4, 8, 11-14, District Lot
3851,
KDYD,
Strata
Plan
K479
Together with an Interest in the
Common Property in Proportion to the
Unit Entitlement of the Strata Lot as
shown on Form 1 - PID's: 002-236-
834; 002-236-869; 002-236-877; 002-
236-893; 002-236-931; 015-789-624;
015-789-632; 018-661-700; 018-661-
718; and Plan KAS479,
from Land Use Contract Agreement
Bylaw No. 344 (130-9), 1976 to R-1:
Residential Single Family and Duplex
Zone as shown in dark-shading on
attached Schedule "1".
2.2 Schedule "A" Zoning Map of Bylaw
133, is amended by applying zoning
as shown on Schedule "1" to the lands
legally described as:
Lot A, District Lots 2280 and 3851,
KDYD, Plan 32354, Except Strata
Plan K479 (Phase 1) - PID 003-475-
051,
from Land Use Contract Agreement
Bylaw No. 344 (130-9), 1976 to RL-1:
Rural as shown in 'x' patterned fill on
attached Schedule "1".
2.3
The map attached hereto as Schedule
"1" is incorporated in and forms part of
this bylaw.
LUC
LUC
R-1
RL-1
Record of Amendments to Zoning Bylaw 133, 2016
Page 6
October 22,
2024
301, 2024
Zoning Bylaw 133, 2016 is amended as follows:
2.1
Adding a new Section 8.3.3 c) as a
PERMITTED USES - SITE SPECIFIC
to the R-3: Multiple Family Residential
Zone as follows:
c) the
maximum
density
for
apartment or senior citizen housing is
increased to 80 units per ha to allow
59 dwelling units and the amenity area
is decreased to 3.34 square meters
(36 sq ft) for three units, in the case of
Lot A, District Lot 73, KDYD, Plan
EPP81829 (240 Park Drive).
2.2
Schedule "A" Zoning Map of Bylaw
133, is amended by rezoning Lot A,
District Lot 73, KDYD, Plan EPP81829
(240 Park Drive) from R-3: Multiple
Family Residential Zone to R-3:
Multiple Family Residential Zone Site-
Specific
as
shown
shaded
on
Schedule "1" attached hereto.
2.3
The map attached hereto as Schedule
"1" is incorporated in and forms part of
this bylaw.
April 1, 2025
317, 2025
Zoning Bylaw No. 133 is amended as follows:
2.1
By adding a new Section 9.1.3 to
the C-1: General Commercial
Zone
as
follows
and
renumbering remaining sections
accordingly:
9.1.3
PERMITTED USES - SITE
SPECIFIC
a) Veterinary clinic or animal
hospital in the case of Lot 1,
District Lot 2905, KDYD, Plan
39350
(205E
Old
North
Thompson Hwy)
2.2
The map attached hereto as
Schedule "1" is incorporated in and
forms part of this bylaw.
Record of Amendments to Zoning Bylaw 133, 2016
Page 7
April 1, 2025
312, 2025
Zoning Bylaw No. 133 amended as follows:
2.1
By adding a new Section
9.2.3 to the C-2: Service
Commercial Zone as follows
and renumbering remaining
sections accordingly:
9.2.3
PERMITTED USES - SITE
SPECIFIC
a) Cannabis retail in the
case of Lot A, District Lot
73,
KDYD,
Plan
KAP47003
(343
Clearwater Valley Road).
2.2
The map attached hereto as
Schedule "1" is incorporated in
and forms part of this bylaw.
District of Clearwater | Zoning Bylaw No. 133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 1 of 67
TABLE OF CONTENTS
PART 1.0
PURPOSE AND APPLICATION ............................................................................................ 3
1.1
PURPOSE ...................................................................................................................................................... 3
1.2
APPLICATION OF THIS BYLAW ....................................................................................................................... 3
1.3
UNITS OF MEASUREMENT ............................................................................................................................ 3
1.4
ITALICIZED WORDS IN THIS BYLAW .............................................................................................................. 3
1.5
CITATION ....................................................................................................................................................... 5
1.6
CONFORMITY ................................................................................................................................................ 5
1.7
MAP/SCHEDULE ............................................................................................................................................ 5
PART 2.0
INTERPRETATION & DEFINITIONS ..................................................................................... 6
2.1
INTERPRETATION .......................................................................................................................................... 6
2.2
DEFINITIONS ................................................................................................................................................. 6
PART 3.0
ADMINISTRATION AND ENFORCEMENT ......................................................................... 16
3.1
ADMINISTRATION ........................................................................................................................................ 16
3.2
INSPECTION ................................................................................................................................................ 16
3.3
ENFORCEMENT ........................................................................................................................................... 16
3.4
OFFENCE AND PENALTIES .......................................................................................................................... 16
PART 4.0
BASIC PROVISIONS ............................................................................................................. 17
4.1
ZONES ......................................................................................................................................................... 17
4.2
ZONE BOUNDARIES .................................................................................................................................... 17
4.3
NON-CONFORMING USES AND SITING ....................................................................................................... 18
4.4
AGRICULTURAL LAND RESERVE ................................................................................................................. 18
4.5
PANHANDLE LOTS ...................................................................................................................................... 18
PART 5.0
GENERAL REGULATIONS .................................................................................................. 20
5.1
USES PROHIBITED IN ALL ZONES ............................................................................................................... 20
5.2
USES PERMITTED IN ALL ZONES ................................................................................................................ 20
5.3
LOT AREA ................................................................................................................................................... 20
5.4
TEMPORARY BUILDINGS OR RECREATIONAL VEHICLES ............................................................................ 21
5.5
ACCESSORY BUILDINGS ............................................................................................................................. 21
5.6
STORAGE OF VEHICLES IN RESIDENTIAL AREAS ....................................................................................... 21
5.7
SITING EXCEPTIONS ................................................................................................................................... 21
5.8
SPECIAL SETBACKS .................................................................................................................................... 22
5.9
HEIGHT EXEMPTIONS ................................................................................................................................. 22
5.10
CORNER VISION TRIANGLE ........................................................................................................................ 22
5.11
FENCE HEIGHT RESTRICTIONS .................................................................................................................. 23
5.12
LANDSCAPING AND SCREENING REQUIREMENTS ...................................................................................... 23
5.13
COMMERCIAL KENNEL USE ........................................................................................................................ 23
5.14
CAMPGROUND ............................................................................................................................................ 24
5.15
GOLF COURSE ............................................................................................................................................ 24
5.16
BED AND BREAKFAST ................................................................................................................................. 24
5.17
BOARDING USE ........................................................................................................................................... 24
5.18
HOME BASED BUSINESS ............................................................................................................................ 24
5.19
CHILD CARE OR PRESCHOOL ..................................................................................................................... 25
5.20
MANUFACTURED HOME .............................................................................................................................. 25
5.21
OUTDOOR STORAGE .................................................................................................................................. 25
5.22
SECONDARY SUITES................................................................................................................................... 25
5.23
CANNABIS PRODUCTION FACILITIES AND CANNABIS RETAIL .................................................................... 25
District of Clearwater | Zoning Bylaw No. 133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 2 of 67
5.24
TEMPORARY DWELLING FOR CAREGIVING ................................................................................................ 25
5.25
DWELLINGS PER LOT .................................................................................................................................. 27
5.26
SHIPPING CONTAINER ................................................................................................................................ 27
5.27
CONSTRUCTION CAMPS ............................................................................................................................. 28
5.28
BEEKEEPING ............................................................................................................................................... 28
PART 6.0
OFF-STREET PARKING AND LOADING ........................................................................... 29
6.1
GENERAL PROVISIONS/RESTRICTIONS ...................................................................................................... 29
6.2
LOCATION AND ALTERNATE SITES ............................................................................................................. 29
6.3
OFF-STREET PARKING REDUCTIONS FOR SHARED PARKING ................................................................... 29
6.4
OFF-STREET PARKING SPACE DIMENSIONS ............................................................................................. 29
6.5
SMALL CAR PARKING ................................................................................................................................. 30
6.6
PARKING FOR DISABLED PERSONS............................................................................................................ 30
6.7
OFF-STREET LOADING REQUIREMENTS .................................................................................................... 30
6.8
ACCESS AND EGRESS ................................................................................................................................ 30
6.9
MANOEUVRING AISLE DIMENSIONS ........................................................................................................... 31
6.10
DELINEATION MARKINGS AND CURBS ........................................................................................................ 31
6.11
SITING PROVISIONS .................................................................................................................................... 31
6.12
LIGHTING ..................................................................................................................................................... 31
6.13
CALCULATION GUIDELINES......................................................................................................................... 32
6.14
REQUIRED OFF-STREET PARKING SPACES............................................................................................... 33
PART 7.0
RURAL ZONES ...................................................................................................................... 36
7.1
RURAL (RL-1) ZONE .................................................................................................................................. 36
7.2
SMALL HOLDING (SH-1) ZONE .................................................................................................................. 38
7.3
COUNTRY RESIDENTIAL (CR-1) ZONE....................................................................................................... 39
PART 8.0
RESIDENTIAL ZONES .......................................................................................................... 40
8.1
RESIDENTIAL SINGLE FAMILY AND DUPLEX (R-1) ZONE ........................................................................... 40
8.2
COMPACT RESIDENTIAL (R-2) ZONE ......................................................................................................... 42
8.3
MULTIPLE FAMILY RESIDENTIAL (R-3) ZONE ............................................................................................. 44
8.4
MANUFACTURED HOME PARK (MHP-1) ZONE .......................................................................................... 46
PART 9.0
COMMERCIAL ZONES ......................................................................................................... 47
9.1
GENERAL COMMERCIAL (C-1) ZONE ......................................................................................................... 47
9.2
SERVICE COMMERCIAL (C-2) ZONE........................................................................................................... 49
9.3
NEIGHBOURHOOD COMMERCIAL (C-3) ZONE ............................................................................................ 51
9.4
RECREATIONAL COMMERCIAL (C-4) ZONE ................................................................................................ 53
9.5
RIVERSIDE CENTRE MIXED USE (MX-1) ZONE ......................................................................................... 55
PART 10.0
INDUSTRIAL ZONES ............................................................................................................ 57
10.1
VEHICLE WRECKING (I-1) ZONE ................................................................................................................ 57
10.2
LIGHT INDUSTRIAL (I-2) ZONE .................................................................................................................... 59
10.3
HEAVY INDUSTRIAL (I-3) ZONE .................................................................................................................. 62
PART 11.0
PUBLIC ZONES ..................................................................................................................... 64
11.1
PARKS AND RECREATION (P-1) ZONE ....................................................................................................... 64
11.2
INSTITUTIONAL (P-2) ZONE ........................................................................................................................ 66
PART 12.0
REPEAL AND SEVERABILITY ............................................................................................ 68
12.1
REPEAL ....................................................................................................................................................... 68
12.2
SEVERABILITY ............................................................................................................................................. 68
District of Clearwater | Zoning Bylaw No.133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 3 of 67
DISTRICT OF CLEARWATER
BYLAW NO. 133, 2016
A bylaw to establish zoning and land use for the District
WHEREAS pursuant to Part 14 of the Local Government Act, a local government may enact bylaws
for zoning, off-street parking and loading, screening and landscaping, and other aspects of land use
and development;
NOW THEREFORE the Council of the District of Clearwater, in open meeting assembled, enacts as
follows:
Part 1.0
PURPOSE AND APPLICATION
1.1
PURPOSE
1.1.1
The purpose of this Bylaw is to divide the District into zones and to regulate:
a) the use and density of use of land, buildings and other structures within a zone;
b) the siting, size and dimensions of permitted buildings, other structures and uses on the
land within a zone;
c) the location of uses on the land and within buildings and other structures;
d) the shape, dimensions and area, including minimum and maximum lot size created by
subdivision;
e) different density regulations for zones;
f)
the provision of amenities;
g) the number of and design standards for off-street parking and loading for the use of land
and buildings; and
h) screening and landscaping for masking and separating uses, protecting and enhancing
the natural environment and preventing hazardous conditions.
1.2
APPLICATION OF THIS BYLAW
This Bylaw shall apply to all land, buildings and other structures within the boundaries of the
District.
1.3
UNITS OF MEASUREMENT
All dimensions and other measurements in this Bylaw are expressed in Standard International
Units (the metric system). The approximate Imperial System equivalents shown in brackets
are for convenience only and do not form part of this Bylaw.
1.4
ITALICIZED WORDS IN THIS BYLAW
Definitions as set out in Part 2 are generally shown in italics for ease of reference only.
District of Clearwater | Zoning Bylaw No.133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 4 of 67
1.5
CITATION
This Bylaw may be cited for all purposes as the "District of Clearwater Zoning Bylaw No. 133,
2016".
1.6
CONFORMITY
Except for legal non-conforming use or development approved by a development permit or
development variance permit or Board of Variance order, or another agreement or permit as
authorized under the Local Government Act, the use and development in each zone or area
of the District must be in accordance with the uses listed in the zone and all the applicable
regulations and requirements of this Bylaw.
1.7
MAP/SCHEDULE
Schedule "A": Zoning Map is attached hereto and forms a part of this Bylaw.
District of Clearwater | Zoning Bylaw No.133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 5 of 67
Part 2.0
INTERPRETATION & DEFINITIONS
2.1
INTERPRETATION
Unless otherwise provided, words and phrases used herein have the same meanings as in the Local
Government Act, Community Charter, Land Title Act or Interpretation Act as the context and
circumstances may require. A reference to a statute in this Bylaw refers to a statute of the Province
of British Columbia unless otherwise indicated, and a reference to any statute, regulation, bylaw or
other enactment refers to that enactment as it may be amended or replaced from time to time. In the
event of a conflict between this Bylaw and a Provincial enactment, the stricter law prevails. Words in
the singular include the plural and words in the plural include the singular. Headings in this Bylaw are
for convenience only and must not be construed as defining or limiting its scope or intent.
2.2
DEFINITIONS
In this Bylaw,
ACCESS STRIP means an area of land on a panhandle lot, of sufficient width to provide legal and
vehicular access from a highway to a building on a lot.
ACCESSORY BUILDING means a detached building or other structure including power generation
equipment or similar, located on the same lot as the principal building or use, the use of which is
incidental and subordinate to the principal building or use.
ACCESSORY USE means a use which is incidental and subordinate to the principal use on the same
lot.
AGRICULTURAL USE means growing, rearing and harvesting of agricultural products for commercial
purposes, and includes:
a) processing, storage and sale of agricultural products grown, reared, produced or harvested
on the same farm;
b) storage of farm machinery, implements and supplies necessary to the agricultural use, the
repair of farm machinery and implements used on that farm;
c) the confinement of poultry, livestock or fur bearing animals;
d) the growing of mushrooms;
e) the keeping of cattle, goats, llamas, poultry, sheep or other livestock and bees; and
f)
the keeping, boarding, breeding, training and riding of horses.
ALR or AGRICULTURAL LAND RESERVE means the Agricultural Land Reserve as established by
enactment of the Province of British Columbia.
AO or APPROVING OFFICER means the person appointed by Council as the municipal approving
officer for the District under the Land Title Act.
District of Clearwater | Zoning Bylaw No.133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 6 of 67
APARTMENT means a building used exclusively for residential use containing 3 or more dwelling
units and which has a principal access via a common entrance; but does not include traveller
accommodation use.
ASSEMBLY USE means the use of a building or structure or part thereof for the gathering of persons
for charitable, cultural, educational, philanthropic, recreational, religious and social purposes and
includes auditoriums and halls, but does not include overnight accommodation or a liquor primary use.
AVERAGE FINISHED GRADE means the average of the finished exterior ground elevations.
BC BUILDING CODE means the Building Regulations of British Columbia.
BED AND BREAKFAST means a business operation carried on by a member of a resident family to
provide temporary sleeping accommodations, with or without meals being provided, within the same
dwelling unit resided by the operator.
BOARDING means the rental and occupation of a sleeping unit within a single family dwelling, with or
without meals.
BUILDING means a structure intended to shelter any use or occupancy, and includes a manufactured
home, but does not include a recreational vehicle or tent.
BUILDING HEIGHT means the vertical
distance from the average finished
grade to the highest part of the building,
manufactured
home
or
structure
excluding
chimneys,
ventilators,
antennas,
lightning
rods,
spires,
elevator machinery and roof top
heating/cooling units (as illustrated in
Diagram 1).
CAMPGROUND means a site used for
the
temporary
or
seasonal
accommodation
of
persons
in
recreational vehicles or tents, which may include, an office, washrooms and shower facilities,
convenience store or specialty retail, and laundry facilities but does not include a manufactured home
park, or traveller accommodation use.
CANNABIS means cannabis as defined in the Cannabis Act.
CANNABIS PRODUCTION FACILITY means the use of land, buildings and structures for the
production and processing of cannabis licensed by Heath Canada.
CANNABIS RETAIL means the sale of cannabis but excludes the sale of cannabis for medical
purposes in accordance with federal legislation and regulations.
Diagram 1 - Example of Building Height
_-_hJ"h<>t_ct_dooil>o.~ __ 1
~
""'""'
Height
."'~ .;;;;-_J
.. ,ers
District of Clearwater | Zoning Bylaw No.133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 7 of 67
CARRIAGE SUITE means a self-contained, two-storey dwelling unit that is separate, subordinate in
size, and accessory to the principal dwelling, having a footprint no greater than 80 square metres (862
sqft) and having not more than 95 square metres (1023 square feet) of residential living space.
CHIEF ADMINISTRATIVE OFFICER or CAO means the Chief Administrative Officer for the District.
CARETAKER DWELLING UNIT means a single family dwelling or manufactured home, or one
dwelling unit within a principal building, used for the accommodation of an owner, operator or caretaker
of a principal permitted use.
CIVIC USE means a use providing for civic function including educational institutions, public or private
hospitals, community centres, libraries, museums, parks, playgrounds, cemeteries, fire halls, art
galleries, police stations, courts of law, uses ancillary to public functions, public works yards, but does
not include solid waste processing or disposal facilities.
COMMERCIAL KENNEL means a building and a supporting compound, cage or run for household
domestic animals in which such animals are boarded, trained, raised or bred as a business.
COMMERCIAL VEHICLE STORAGE means the commercial storage of vehicles, including
recreational vehicles and trailers, for a continuous period of at least 48 hours.
COMMUNITY CARE FACILITY means a facility licensed under the Community Care and Assisted
Living Act that provides personal care, supervision, social or educational training or physical or mental
rehabilitative therapy.
COMMUNITY GARDEN means the use of land for cultivating or growing plants by a group of people
for providing a garden experience or education to the residents of the District.
COMMUNITY SANITARY SEWER SYSTEM means a sewage collection or disposal system of
sufficient capacity to carry domestic effluent from an area that is serviced by a sewage treatment and
disposal facility approved under the Environmental Management Act.
COMMUNITY WATER SYSTEM means a system of waterworks that is owned, operated and
maintained by the District; a water utility under the Water Utility Act; a utility under the Utility
Commission Act; or otherwise approved by the Comptroller of Water Rights.
COMPLEX CARE FACILITY means a community care facility under the Community Care and
Assisted Living Act or Continuing Care Act, and includes a nursing home, rest home, and extended
care or complex care facility.
CONVENIENCE STORE means a retail business which provides for the retail sale of household goods
to serve the day-to-day shopping needs of the general public, and that may include the sale of fast
foods and rental of audiovisual products, but excludes cannabis retail.
COUNCIL means the Council of the District of Clearwater.
District of Clearwater | Zoning Bylaw No.133, 2016
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Page 8 of 67
DENSITY means the maximum amount of development intensity allowed expressed in terms of the
maximum number of dwelling units per hectare as referred to in s.455 of the Local Government Act.
DISTRICT means the District of Clearwater.
DUPLEX means a structure containing two dwelling units within one building located on a single lot
which is used or intended to be used as the residence of two families and which may or may not be
strata titled.
DUPLEX SUITE means a residential use consisting of a self-contained dwelling unit wholly
contained within the same building as a duplex.
DWELLING UNIT means one or more rooms within a building or structure designed, occupied or
intended for residential use where such a room or rooms together contain or provide for the installation
of only one set of cooking facilities and one or more bathrooms.
EDUCATIONAL INSTITUTION means a college, an elementary or secondary school, or a technical
school operating pursuant to a statute of British Columbia or Canada.
ENTERTAINMENT USE means a use providing for the entertainment of the public and includes bingo
halls, dance halls, amusement arcades, pool halls, licensed premises, theatres and associated
ancillary sales.
EXTERIOR SIDE LOT LINE means the lot line(s), common to a highway or street other than a lane
or walkway and not being the front lot line, or rear lot line.
FAIR means the temporary use of land, buildings or structures for recreational amusement and
educational display, and includes amusement rides, carnival attractions, and retail sales and services.
FAMILY means an individual or two or more persons related by blood, marriage, common law
relationship, adoption or foster parenthood, or a group of not more than five unrelated non-transient
persons, living together as a non-profit group in a dwelling unit and including servants employed upon
the premises.
FENCE or FENCING means a wall, barrier or railing that encloses or provides a visual barrier for all
or part of an area of land.
FINANCIAL INSTITUTION means a bank, credit union, trust company, mortgage company and similar
establishment.
FRONT LOT LINE means the shortest lot line common to a lot and an adjoining highway or street and
where the front lot line and rear lot line each adjoin a highway or street, means the lot line to which the
majority of adjacent buildings are faced, and in the case of a corner lot means the shorter of those
unless both such lines exceed 28 metres in length, in which case it shall be as determined by the
CAO. In the case of a panhandle lot, the front lot line shall be as determined by the CAO.
District of Clearwater | Zoning Bylaw No.133, 2016
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FRONT YARD means the area between the front lot line and the setback distance required from the
front lot line. For guidance, see Diagram 2 - Example of a Front Yard.
FRONTAGE means the length of the lot line abutting a
highway or street excluding a lane.
FUNERARY USE means premises used for the
preparation of the dead for burial or cremation and the
holding of funeral services.
GARDEN SUITE means a self-contained, one-storey
dwelling unit that is separate, subordinate in size, scale
and massing and accessory to the principal dwelling,
having a total gross floor area of not more than 80 square
metres (880 square feet).
GOLF COURSE means a 9 or 18 hole facility for the
playing of golf and may include a clubhouse, driving
range and accessory buildings.
GROSS FLOOR AREA means the combined area of all
floors within buildings or structures on a lot, measured from the exterior surface of the exterior walls,
including corridors, hallways, landings, foyers, staircases, stairwells, enclosed balconies and
mezzanines, enclosed porches or verandahs, but does not include any spaces less than 2 metres in
height.
HABITABLE ROOM means a room designed and used by persons for cooking, eating, sleeping or
human occupancy, but does not include bathrooms, utility rooms, workrooms, crawl spaces, corridors,
furnace rooms, closets and storage rooms.
HIGHWAY means a public street, path, walkway, trail, lane, bridge, thoroughfare and any other public
way but does not include a private right-of-way on private property.
HOME BASED BUSINESS means an occupation, craft or profession that is carried out for a business
purpose within a dwelling unit or on a residential lot primarily by one or more of the residents as an
accessory use.
HOSPITAL means an institution licensed under the Hospital Act or designated by the Minister of
Health under the Hospital Act.
INTERIOR SIDE LOT LINE means the lot line or lot lines, not being the front lot line or rear lot line,
common to more than one lot or to a lot and a lane or walkway.
LANDSCAPING means trees, shrubs, hedges, flowers, ground cover, lawns or other vegetative
elements, together with architectural elements including fencing, walkways, lights, ponds and pools,
for the purpose of enhancing the aesthetic qualities, visual amenity and functional use of an area,
masking or separating uses; preserving, protecting, restoring and enhancing the natural environment,
or for preventing hazardous conditions.
Diagram 2 - Example of a Front Yard
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Front Lot Line
HWAY OR STREET
HIG
FRONT YARD
District of Clearwater | Zoning Bylaw No.133, 2016
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Page 10 of 67
LANE means a highway of not more than 6 metres width and that affords a secondary means of
access to adjoining lots from the side or the rear.
LIQUOR PRIMARY has the same meaning as in the Liquor Control and Licensing Regulation.
LOT means a parcel of land legally described and registered on the records of the Land Title Office
and includes Land Act Surveys as registered crown land.
LOT AREA means the area of a lot taken in a horizontal plane excluding land covered by a natural
body of water or occupied by an easement established panhandle access strip.
LOT COVERAGE means the total ground area of a lot upon which all buildings and structures are
located, including the area under all cantilevered and post supported structures, expressed as a
percentage of the total lot area.
LOT LINE means the legally defined boundary line or lines of a lot.
MINI-STORAGE FACILITY means a use providing for the rental of space within a building for the
purpose of storing domestic goods not classified as dangerous or toxic under federal and provincial
statute, but does not include wholesaling, retailing, manufacturing and processing of any kind, vehicle
repairs or vehicle wrecking; the storage of dirt, filth, refuse, debris; or the storage of any substance
which, if exposed to persons not suitably protected, is likely to endanger health or safety.
MANUFACTURED HOME means a dwelling unit that is:
a) manufactured to and compliant with the Canadian Standards Association (CSA) Z-240 MH
and CSA A277 MH series of standards;
b) transportable; and
c) located in a place other than its place of manufacture;
and does not include any recreational vehicle.
MANUFACTURED HOME PARK means land lawfully used for the purposes of providing three or
more manufactured home spaces:
a) in a bare land strata subdivision; or
b) on a parcel where a charge or rent is imposed for use of a manufactured home or
manufactured home space.
MULTIPLE FAMILY DWELLING means an apartment, townhouse, or other building containing 3 or
more dwelling units.
District of Clearwater | Zoning Bylaw No.133, 2016
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Page 11 of 67
NATURAL BOUNDARY means the visible high-water mark of any, lake, river, stream or other body
of water where the presence and action of 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, lake, river, stream or other body of water
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 includes, without limiting the generality of the foregoing, the edge of dormant
side channels of any, lake, river, stream or other body of water.
NURSERY means the use of premises for the propagation, early cultivation and sale of seeds, plants
and nursery stock and the retail sale of related materials such as tools, soil and fertilizers, but does
not include the sale of heavy or large agricultural machinery.
OFF-STREET LOADING SPACE means a parking space providing for the receipt, delivery or loading
of goods and materials by vehicles generated by a principal use permitted on the same lot.
OFF-STREET PARKING AREA means a use providing parking spaces for the temporary parking of
vehicles on a lot .
OPEN LAND RECREATION means providing for open air recreation facilities primarily dependant on
outdoor space and the retail sales and service incidental to such activity, including, municipal parks,
playgrounds, fairs and cross-country ski trails; but does not include amusement parks, campgrounds,
golf courses, mini-golf courses, firearms ranges or marinas.
OUTDOOR STORAGE means open air placement and accumulation of goods or materials which are
inputs or outputs of the industrial, commercial or service and repair activity located on the same lot,
but does not include a vehicle wrecking yard, junk yard or the storage of explosives.
PANHANDLE LOT means a lot connected to a highway by a panhandle access strip.
PARKING SPACE means an accessible space within a building or off-street parking area designated
for the temporary parking of one vehicle, but does not include driveways, manoeuvring aisles, ramps,
columns, walls or other structural features.
PERSONAL SERVICE USE means a business which provides professional or personal services to
customers which may include the accessory sale of retail goods, and includes barber shops, beauty
parlours, animal grooming services, laundry or dry cleaning shops, laundromats, financial institutions,
professional offices, services for printing, shoe repair, tailoring, dressmaking, optical or watch repairs,
fitness centres, electrical appliance repairs, training, educational or instructional services and other
similar uses, but excludes cannabis retail.
PLACE OF WORSHIP means a building or structure providing for public worship, religious
ceremonies, rituals and educational programs and includes, a church, manse, mosque, temple and
synagogue.
PRESCHOOL means a facility licensed under the Community Care and Assisted Living Act, Child
Care Licensing Regulation in which children are provided with opportunities for social, emotional,
physical and intellectual growth.
PRINCIPAL BUILDING means a building which contains the principal use on a lot.
District of Clearwater | Zoning Bylaw No.133, 2016
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Page 12 of 67
PRINCIPAL USE means the primary purpose for which land, buildings or structures on a lot are
ordinarily used.
PROFESSIONAL OFFICE means an establishment engaged in transacting business or providing
professional services such as medical, dental, financial, counselling, insurance, real estate,
administration and legal offices.
PUBLIC MARKET means an occasional or temporary market for the purpose of offering goods for
sale to the public including local artisan crafts, fruits, vegetables and plants, secondary agricultural
products including cheese, preserves, honey, home baking, fresh/frozen/preserved fish and seafood,
and locally prepared and ready-to-eat foods or light refreshments.
RACETRACK means an area of land, other than a road, used primarily for the sports of racing vehicles
including, without limiting the generality of the foregoing, racing cars, stock cars, go-carts and
motorcycles, with or without related bleachers, spectator stands, refreshment booths, food
concessions, or other structures or uses accessory thereto, but does not include traveller
accommodation use, campground, or permanent retail stores.
REAR LOT LINE means the lot line opposite to and
most distant from the front lot line or where the rear
portion of the lot is bounded by intersecting side lot
lines it shall be the point of intersection.
REAR YARD means the area between the rear lot
line and the setback required from the rear lot line.
For guidance, see Diagram 3 - Example of a Rear
Yard
RECREATIONAL VEHICLE means a vehicle, either
designed to be towed behind a motor vehicle or self-
propelled, and includes such vehicles commonly
known as travel trailers, fifth wheels, tent trailers,
campers, park model recreational units, motor
homes, or other similar vehicles designed to provide
temporary living quarters for recreational, camping,
or travel use.
RESIDENTIAL USE means a use of land and
buildings for a home and domicile.
RESTAURANT means the use of land, buildings or structures where food or beverages are prepared
and served for consumption on or off the premises and may include, cafes, coffee shops,
delicatessens, and fast food outlets with or without drive-through service or window.
RETAIL STORE means the use of land, buildings or structures for the sale of goods to the ultimate
consumer, but does not include vehicle sales, service stations, or cannabis retail.
Diagram 3 - Example of a Rear Yard
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HIGHWAY OR STREET
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District of Clearwater | Zoning Bylaw No.133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 13 of 67
RIPARIAN AREAS REGULATION means the Riparian Areas Regulation under the Fish Protection
Act (SBC 1997 c. 21)
SCREEN or SCREENING means a continuous view obscuring fence, compact evergreen hedge,
berm or combination thereof that effectively provides visual separation or enclosure for the area
enclosed and is only broken by access driveways and walkways.
SECONDARY SUITE means a residential use consisting of a self-contained dwelling unit wholly
contained within the same building as a single family dwelling.
SENIOR CITIZEN HOUSING means a multiple family dwelling providing residential accommodation
for persons and may include a common area for meals and food preparation, communal social or
recreational facilities.
SERVICE STATION means a use providing for the retail sale of motor fuels including natural gas and
diesel, lubricating oils, propane, and vehicle accessories and may include a cardlock facility and the
servicing or repair of vehicles, but does not include vehicle body work or painting.
SETBACK means the required minimum distance, open and unobstructed to the sky, between a
building or structure and a lot line, excluding any siting exceptions permitted in this Bylaw.
SHIPPING CONTAINER means a containment unit, typically 20 or 40 feet in length, for the storage of
goods and materials designed for transportation by land, sea or air (trailer, rail car, barge, ship or
plane), whether new or refurbished.
SIDE LOT LINE means the lot line or lot lines, not being the front lot line or rear lot line, common to
more than one lot or to a lot and a lane or walkway,
and includes the exterior side lot line and the interior
side lot line.
SIDE YARD means the area between a side lot line
and the setback required from a side lot line and
does not include the area of a front yard or rear yard.
For guidance, see Diagram 4.
SINGLE FAMILY DWELLING means a single
detached building for residential use in the form of
only one dwelling unit, but does not include a
manufactured home.
SLEEPING UNIT means one or more rooms for the
lodging of a person or persons and that does not
contain cooking facilities.
STREAM means:
a) for the purposes of the Riparian Areas Regulation, a "stream" as defined within that
Regulation; and
Diagram
4
-
Example of a
Side Yard
Required
Setback
From
Side Lot
Line
Rear Lot Line
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HIGHWAY OR STREET
SIDEYARD
Required
Setback
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Side Lot
Line
District of Clearwater | Zoning Bylaw No.133, 2016
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Page 14 of 67
b) for all other purposes, any natural or man-made depression with well-defined banks and a
bed 0.6 metres or more below the surrounding land serving to give direction to a current
of water for at least 6 months of the year or having a drainage area of 2 square kilometres
or more upstream of the point of consideration.
STREET means a road open to travel and use by the general public with a right of way allowance of
not less than 10 metres in width.
STRUCTURE means any construction fixed to or sunk into land or water and includes buildings,
manufactured homes, fabric or plastic covered structures, power generation structures, and signs, but
does not include, fences or concrete and asphalt paving or similar surfacing of a lot.
SUBDIVISION means the division of land into 2 or more lots, whether by plan, apt descriptive words
or otherwise.
TEMPORARY SAWMILL USE means silviculture, harvesting and the processing of timber and other
forestry products grown only on the subject lot.
TOURIST INFORMATION SERVICES means a building or structure for the purpose of providing
information to the travelling public and the business community.
TOWNHOUSE means a residential use consisting of 3 or more attached dwelling units where each
dwelling unit has its principal access from a separate ground oriented entrance.
TRANSPORTATION USE means a use providing for the transport of people or the shipping and
receiving of goods, including truck terminals, delivery and express facilities.
TRAVELLER ACCOMMODATION USE means a use providing primarily for temporary tourist
accommodation in motels, hotels, hostels, or cabins and includes accessory uses such as restaurant,
entertainment use, and other services and ancillary retail sales normally associated with motels and
hotels but does not include campground use.
UNLICENSED VEHICLE means a vehicle which does not have a valid and current number plate
issued pursuant to the Motor Vehicle Act.
USE means the purpose or function to which land, buildings or structures are designed or intended to
be put, or for which they are occupied or maintained.
UTILITY USE means, works, buildings, plants, and equipment used and required for the distribution
of water, natural gas, propane, electricity, telephone, communication services, or the collection of
sewage but does not include a public works yard and outdoor storage, repair or maintenance of
equipment.
VEHICLE means a motor vehicle, not running on rails, which is designed to be self-propelled or
propelled by electric or fuel power and has an engine, frame and body, generally recognizable as a
car, truck, bus, or motorcycle, but does not include a motor assisted bicycle or wheelchair.
District of Clearwater | Zoning Bylaw No.133, 2016
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Page 15 of 67
VEHICLE WRECKING means the wrecking, salvaging or dismantling of vehicles, vehicle parts,
vehicle frames or vehicle bodies and includes the storage of inoperable or unlicensed vehicles and
the storage and sale of used parts of vehicles.
VETERINARY CLINIC means a facility operated under the supervision of a veterinarian for the care
and treatment of domestic or wild animals, including equine or bovine species.
WALKWAY means a surfaced area for use by pedestrians, and includes a sidewalk.
WASTE MANAGEMENT USE means the collection, storage, processing, or transport of solid
waste or any component of solid waste, including recyclables, at a waste transfer station.
WINERY, CIDERY, MEADERY, MICROBREWERY means the growing, processing, storage and sale
of fruit, honey, or grain based beverages licensed under the Liquor Control and Licensing Act and may
include a bistro and gift shop as an accessory use.
YARD means an open area unoccupied by any building or structure, unobstructed to the sky, and
extending at or above grade from the front, rear or side lot lines respectively to the required setbacks
from those lot lines.
ZONE means the areas into which the District is divided in accordance with the map shown and
attached to this Bylaw and for which specific regulations outlined in this Bylaw for each area apply.
District of Clearwater | Zoning Bylaw No. 133, 2016
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Part 3.0
ADMINISTRATION AND ENFORCEMENT
3.1
ADMINISTRATION
This Bylaw shall be administered by the Chief Administrative Officer or their delegate and any
other person appointed to do so by Council.
3.2
INSPECTION
3.2.1
Subject to conformance with s. 16 of the Community Charter, any employee of the District or
other person appointed by Council to enforce its bylaws may enter, at all reasonable times and
in a reasonable manner, on any property or premises to ascertain whether the regulations set
out herein are being observed, and may be assisted by a police officer, building, health or
safety inspector or any combination as deemed necessary or appropriate by the Chief
Administrative Officer.
3.2.2
A person must not prevent or obstruct, or attempt to prevent or obstruct, the authorized entry
of any employee of the District or other person appointed to enforce its bylaws.
3.3
ENFORCEMENT
3.3.1
A person is deemed to have received written notice of a contravention of this Bylaw if any of
the following actions have been taken by an employee, servant or agent of the District:
a) notice has been delivered to the address of the property owner as recorded in the Land
Title Office, in which case the owner is deemed to have received the notice on the 3rd
business day following that date;
b) notice has been delivered to the owner or occupier of the land or premises that is subject
to the notice, in which case the owner or occupier is deemed to have received notice on
the day it was delivered personally or on the 3rd business day following that date if delivered
by mail; or
c) notice has been posted at the location of the land or premises that is the subject of the
notice, in which case the owner or occupier is deemed to have received the notice at the
expiration of three (3) days immediately following the date the notice was so posted.
3.4
OFFENCE AND PENALTIES
3.4.1
Any person who:
a) violates a provision of this Bylaw; or
b) causes, permits, suffers or allows a provision of this Bylaw to be violated,
commits an offence and on being convicted is liable to pay a fine of up to $10,000.
3.4.2
Each day that such violation is caused to continue or allowed to continue constitutes a
separate offence.
3.4.3
The District may enforce this Bylaw and recover costs and expenses related to enforcement
by any method authorized by law.
District of Clearwater | Zoning Bylaw No. 133, 2016
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Page 17 of 67
Part 4.0
BASIC PROVISIONS
4.1
ZONES
For the purposes of this Bylaw, the District of Clearwater is hereby divided into the following
zones (listed with their corresponding abbreviations) with the subject locations of these zones
indicated on Schedule "A": Zoning Map:
Zone
Short Form
Rural Zones
Rural
RL-1
Small Holding
SH-1
Country Residential
CR-1
Residential Zones
Single Family & Duplex Residential
R-1
Compact Residential
R-2
Multiple Family Residential
R-3
Manufactured Home Park
MHP-1
Commercial Zones
General Commercial
C-1
Service Commercial
C-2
Neighbourhood Commercial
C-3
Recreational Commercial
C-4
Riverside Centre Mixed Use
MX-1
Industrial Zones
Vehicle Wrecking
I-1
Light Industrial
I-2
Heavy Industrial
I-3
Public Use and Institutional Zones
Parks and Recreation
P-1
Institutional
P-2
4.2
ZONE BOUNDARIES
4.2.1
Subject to subsections 4.2.2, 4.2.3 and 4.2.4 below, the boundaries of all zones are as
indicated on Schedule "A": Zoning Map.
4.2.2
Where a zone boundary is shown as following a highway, geographic feature, railway or right-
of-way, the center line of the highway, feature, railway or right-of-way shall apply as the zone
boundary.
4.2.3
Where a zone boundary does not approximate a legally defined line, and where the distances
are not specifically indicated or where there are no explanatory notes setting out the zone
boundary, the location of the boundary shall be determined by scaling from Schedule "A":
Zoning Map.
4.2.4
Zone boundaries at waterbodies shall be interpreted to extend to water edge.
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4.3
NON-CONFORMING USES AND SITING
The lawful use of land and the siting of a building or other structure prior to the adoption of this
bylaw may be continued subject to sections 528 and 529 of the Local Government Act.
4.4
AGRICULTURAL LAND RESERVE
4.4.1
In the case of lands within the Agricultural Land Reserve, the provisions of the Agricultural
Land Commission Act, its regulations and the Orders of the Commission override and prevail
over this Bylaw.
4.4.2
All uses of land within the ALR must comply with the Agricultural Land Reserve Use,
Subdivision and Procedure Regulation, including the following:
a) any additional dwelling, duplex, carriage suite, or garden suite is not permitted on lands
within the ALR unless approved by the Agricultural Land Commission or approved by ALR
regulations; and
b) accommodation for agri-tourism on a farm is permitted on lands within the ALR subject to
a maximum of 4 sleeping units.
4.5
PANHANDLE LOTS
4.5.1
Notwithstanding any other provision in this Bylaw,
approval of a panhandle lot is at the discretion of
the Approving Officer.
4.5.2
The Approving Officer, at his/her discretion may
require corner cut-offs on a subdivision with a
panhandle lot to ensure visibility and safety as
illustrated in Diagram 5.
Diagram 5 - Example of a Panhandle Lot
ROAD
Corner Cut - Off
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District of Clearwater | Zoning Bylaw No. 133, 2016
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Part 5.0
GENERAL REGULATIONS
5.1
USES PROHIBITED IN ALL ZONES
5.1.1
Any use not expressly permitted in this Bylaw is prohibited in all zones and where a particular
use is expressly permitted in one zone, such use is prohibited in all zones where it is not
expressly permitted.
5.1.2
The following use of land, buildings or structures is prohibited in all zones:
a) any use located in a recreational vehicle except where expressly permitted for campground
use.
5.2
USES PERMITTED IN ALL ZONES
Provided the land is not within the ALR, the following uses of land, buildings or structures are
permitted in all zones and shall be exempt from the required minimum lot area unless specified
otherwise in this Bylaw:
a) a community garden;
b) a geothermal heat exchange system located within the building containing a principal use,
or contained within a separate building subject to the accessory building regulations of that
zone;
c) a solar panel affixed to the roof of a building provided the entire panel is within permitted
maximum height;
d) an accessory use that is located on the same lot and incidental to a permitted principal use
in the applicable zone;
e) municipal park; and
f)
utility uses including utility poles, hydro kiosks, wires, cables, traffic control devices, bus
stop shelters, reservoirs, pump-houses, group mail boxes, underground utilities and
associated buildings or structures, provided that there is no outdoor storage of equipment.
5.3
LOT AREA
Minimum lot area requirements of this Bylaw do not apply to subdivision in the following cases:
a) the consolidation of existing lots or the addition of closed highways to an existing lot;
b) building strata lots authorized pursuant to the Strata Property Act;
c) bare land strata of permitted manufactured home parks in the MHP-1 zone, where required
space and pad dimensions shall apply to strata lots;
d) where the subdivision comprises an alteration of lot lines between two or more lots and no
additional lots are created; no existing building or structure is rendered nonconforming;
and the subdivision does not reduce the area of the subject lots to less than that of the
smallest lot existing prior to the alteration; and
e) where a lot is created under s. 514 of the Local Government Act (subdivision to provide
residence for a relative), the minimum lot area shall be 8,000 square metres (2 acres) and
in no case shall the Remainder be less than the minimum lot area stipulated in the zone.
District of Clearwater | Zoning Bylaw No. 133, 2016
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5.4
TEMPORARY BUILDINGS OR RECREATIONAL VEHICLES
A building or recreational vehicle may be placed on a lot temporarily for construction purposes
or for residential use while the lot is being developed provided that:
a) a valid Building Permit has been issued by the District and is in effect for the development;
b) the temporary building or recreational vehicle does not constitute or cause a public hazard
or public nuisance and does not obstruct any public right-of-way;
c) the temporary building, structure or recreational vehicle shall be used for a maximum of 1
year, unless the CAO has approved a further 1 year extension; and
d) at the expiration of the Building Permit term the temporary building or recreational vehicle
must be removed within 14 days.
5.5
ACCESSORY BUILDINGS
5.5.1
No accessory building shall be erected on any lot unless the principal building to which it is
incidental has been erected, or will be erected simultaneously with the accessory building.
5.5.2
Where an independent structure / building is attached to the principal building, it shall be
considered a part of the principal building and must comply in all respects with the setback
requirements of this Bylaw for the principal building.
5.5.3
No accessory building shall be utilized as a dwelling unit, sleeping unit or have habitable rooms
except as otherwise specifically permitted in this Bylaw.
5.5.4
Any fabric covered building or structure including a portable, pre-manufactured building
located upon a lot to accommodate uses such as vehicle parking, storage, or greenhouses
must conform to the applicable dimensional and setback provisions of this Bylaw.
5.6
STORAGE OF VEHICLES IN RESIDENTIAL AREAS
5.6.1
In addition to licensed vehicles regularly used by residents in Residential zones, the following
ancillary storage of personal property or parking is permitted on the same lot as the residential
use:
a) one recreational vehicle, camper or trailer; and
b) one pleasure boat.
5.6.2
The parking of one commercial vehicle on a residential lot owned or occupied by the driver of
that commercial vehicle is permitted.
5.6.3
No vehicle repairs, maintenance, or sales of a commercial nature or storage of derelict or
wrecked vehicles are permitted on a lot in any Rural or Residential zone.
5.7
SITING EXCEPTIONS
5.7.1
Chimneys, cornices, leaders, gutters, pilasters, belt courses, sills, walk-in closets, hutch
projections, bay windows and other similar ornamental features may project beyond the
exterior wall of a building to a maximum of 0.6 metres (2ft) into the required front yard, rear
yard or side yard of any zone.
5.7.2
Sunlight control devices, canopies, window wells and portions of steps, decks, balconies or
porches which exceed 0.6 metres (2ft) above natural grade may project beyond any exterior
wall of a building to a maximum of:
a) 2 metres (6.5 ft) into the required front setback of any zone;
b) 1.5 metres (5 ft) into the required rear setback of any zone; and
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c) 0.6 metres (2 ft) into the required side setback of any zone.
5.7.3
Free standing light poles, clothes line poles, fences, trellises, fishponds less than 25 sqm (270
sqft), ornaments, warning devices, antennas (excluding satellite dishes), masts, utility poles,
wires, flag poles, signs, pump-houses, valve chambers, kiosks, weight scales, public utility,
and other similar uses, may be sited on any portion of a lot, provided that they do not obstruct
vision at an intersection.
5.7.4
Swimming pools with a water surface area greater than 25 sqm (270 sqft):
a) must comply with the required setbacks of the zone; and
b) must be included in the calculation of site coverage.
5.7.5
No swimming pool may be located in a required front yard, except children's inflatable pools
or a removable plastic pool with an area no greater than 3 square metres (32 sqft).
5.7.6
The setback requirement from the interior side lot line in this Bylaw does not apply to strata
lots registered under the Strata Property Act where there is a common wall shared by two or
more dwelling units within a building.
5.8
SPECIAL SETBACKS
5.8.1
Notwithstanding any other provision of this Bylaw, no building or structure, except for a
permissible sign, shall be located closer than 4.5 metres (15 feet) from a Provincial controlled
access highway in any zone.
5.8.2
Subject to conformance with BC Building Code fire separations, a portion of any building roof
or upper storey may project to a maximum of 0.75 metres (2.5 feet) over any required setback
in all zones.
5.8.3
Pursuant to the Riparian Areas Regulation, special setbacks apply to any residential,
commercial and industrial "development" that is proposed to occur within a "riparian
assessment area", as defined under that Regulation.
5.9
HEIGHT EXEMPTIONS
The following structures or building components are not subject to the building height
restrictions specified in this Bylaw: industrial
cranes, mechanical equipment on a roof top, grain
elevators,
storage
silos,
transmission
and
communication towers, water tanks, radio and
television antennas or aerials, church spires,
belfries and domes, monuments, chimney and
smokestacks, flag or lighting poles, elevator
shafts, ventilating machinery, cooling towers, stair
towers, monitors, and masts.
5.10
CORNER VISION TRIANGLE
No person being the owner, occupier or lessee of
a lot in a residential zone at the intersection of any
highway or street shall place or permit to be placed
any landscaping, building or structure exceeding 1
metre (3.3 ft) in height above the established grade
of the intersecting highway or street within a
triangular plane 6 metres (20 ft) along the lot lines
from the intersecting highways or streets. For
guidance, see Diagram 6.
Diagram 6 -
Example of a Clear
Vision Triangle
QJ i
c,
:.:; I
o·
_, I
i
i
,,,,'j
,,,-' i
,,
i
,
i
Lot Line
/
_j'
·- - -- -- -
, _______ _
1-
6 m
HIGHWAY OR STREET
I-
w
w
Ck::
I-
V,
Ck::
0
~
3:
I
<.'.)
I
Setback
6m
From
Corner
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5.11
FENCE HEIGHT RESTRICTIONS
5.11.1 Subject to corner vision triangle provisions of this Bylaw and except as otherwise required in
this section, the following maximum height restrictions shall apply to fences in the R-1, R-2, R-
3 zones:
a) 1.2 metres (4 feet) in the front yard and that portion of a side yard that abuts a street in
front of the principal building; and
b) 2 metres (6.5 feet) in the side yard and rear yard.
5.11.2 Notwithstanding the preceding, maximum fence height restrictions do not apply to open mesh
or chain link type fences constructed for tennis courts, schools, utilities, Civic and Industrial
zones or any other similar facility requiring safety and security. In these cases, such open
mesh or chain link type fences shall not exceed a height of 5 metres (16.5 ft).
5.11.3 For C-2, I-1, I-2 and I-3 Zones, any lands used for storage of derelict vehicles and parts or
vehicle wrecking must be completely enclosed by a well maintained, solid, view obstructing
fence or wall of not less than 2.5 metres (8ft) in height and not more than 4 metres (13.2 ft) in
height, except where the adjacent lot is also zoned C-2, I-1, I-2 or I-3;
a) in C-2, I-1, I-2 and I-3 Zones, no vehicles or material shall be stored or stacked to a height
greater than that of the surrounding fence or wall
b) barbed fences are permitted in Commercial, Industrial and Public and Institutional zones
provided the barbed wire portion is a minimum of 2.1 metres (7ft) above grade at any point;
c) agricultural uses requiring specialized fencing and containment are exempt from this
section in its entirety.
5.11.4 The height of a fence shall be measured from the base of the fence.
5.12
LANDSCAPING AND SCREENING REQUIREMENTS
5.12.1 A landscape plan is required with an application for a Building Permit or Development Permit
in the R-3, C-1, C-2, C-3, C-4 and MX-1 zones except where the declared value of the Permit
is less than $50,000.
5.12.2 The landscape plan must show the extent and type of all proposed landscaping and screening,
and any required buffer areas for the lot being developed.
5.12.3 The landscape plan must be designed, signed and sealed by a landscape architect, landscape
designer or arborist certified pursuant to an enactment of British Columbia.
5.12.4 Where residential and industrial, commercial or institutional use lots are adjacent, all required
setbacks along the common lot lines, other than areas used for driveways, must be provided
and maintained with landscaping or screening or a view obstructing fence on the industrial,
commercial or institutional lot. Such screening must be to a minimum height of 1.5 metres (5ft).
5.12.5 Garbage and recycling containers that are 1 cubic metre (35 cubic ft) or larger shall be
screened from any street, highway and adjacent residential use by landscaping or screening,
solid decorative fence, structure or building to a minimum height of 2.5 metres (8.2 ft).
5.13
COMMERCIAL KENNEL USE
All commercial kennels must be adequately sound proofed and set back a minimum of 6
metres (20ft) from all lot lines.
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5.14
CAMPGROUND
5.14.1 All campgrounds must comply with:
a) as applicable, the Sewerage System Regulation under the Public Health Act or Municipal
Sewage Regulation under the Environmental Management Act; and
b) Campground Bylaw No. 1209 as amended and superseded.
5.15
GOLF COURSE
All golf courses must meet the following conditions:
a) one building that serves as a clubhouse for the use and enjoyment of golfers is permitted
on the lot, and may include a restaurant;
b) the retail sale of equipment and clothing necessary to golf is permitted, provided that the
gross floor area devoted to such sales does not exceed 50 square metres (538 sqft); and
c) where a golf course abuts a highway, a net at least 10 metres (33ft) in height to minimize
the likelihood of golf balls striking passing vehicles must be provided between the fairways
or driving range and the highway.
5.16
BED AND BREAKFAST
Bed and breakfast use, where permitted in this Bylaw, must comply with the following
conditions:
a) accommodation may be provided for not more than eight (8) persons as part of the bed
and breakfast use;
b) accommodation must be within the proprietor's dwelling unit;
c) a maximum of four (4) sleeping units can be used for the bed and breakfast;
d) no cooking or kitchen facilities shall be provided within the rooms of the dwelling unit
intended for patron accommodations;
e) one (1) onsite parking space must be provided for each bedroom used; and
f)
no bed and breakfast guest shall stay within the same dwelling unit for more than 60 days
in a calendar year.
5.17
BOARDING USE
No more than two (2) sleeping units in a single family dwelling may be used for boarding, and
the property owner must reside in the primary dwelling unit.
5.18
HOME BASED BUSINESS
Home based business where expressly permitted in this Bylaw as an accessory use must:
a) be carried out primarily by residents of the property and except as specifically permitted
must be confined to the interior of the single family dwelling, duplex, or manufactured
home;
b) have no more than one non-resident full time employee or two part-time employees;
c) not vary the residential character and appearance of the lot or buildings and not result in
any external change to a building for the purpose of accommodating the business with the
exception of a sign in compliance with any Sign Bylaw in effect;
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d) have no exterior storage of materials or commodities on the subject lot and no exterior
operations except in the case of greenhouse, agriculture or plant nursery operations;
e) not create or emit noise, dust, vibration, smell, heat, smoke, odours, glare, electrical or
radio interference, fire hazard, traffic congestion, or nuisance of any kind and must at all
times preserve the privacy, peace, and enjoyment of adjacent owners; and
f)
not involve any of the following uses or associated activities:
i.
sale, lease, salvage, repair or servicing of vehicles, engines, heavy duty
equipment, trailers or boats;
ii.
transportation or truck marshalling or commercial storage use;
iii.
sawmills and/or any lumber processing;
iv.
industrial scale or hazardous business use, as defined in Part 2 of this Bylaw;
v.
welding;
vi.
stable, commercial kennel, animal breeding;
vii.
retail or wholesale of goods not produced on the lot;
viii.
resale outlets such as pawnbrokers;
ix.
dry cleaning or laundry services;
x.
restaurant, pub, and any other assembly or entertainment occupancy; and
xi.
cannabis retail.
5.19
CHILD CARE OR PRESCHOOL
A child care centre or preschool may be considered a home based business in this Bylaw
subject to compliance with the following:
a) be limited to no more than ten children;
b) provide onsite parking in compliance with Part 6 of this Bylaw; and
c) comply with all applicable laws and regulations of the Province.
5.20
MANUFACTURED HOME
A manufactured home must meet the following conditions:
a) be placed on a foundation complying with the provisions of the current edition of the BC
Building Code;
b) be protected by an acceptable skirting which must be painted or stained; and
c) be securely anchored to the foundation.
5.21
OUTDOOR STORAGE
5.21.1 Outdoor storage as a permitted or accessory use must conform to the following conditions:
a) no outdoor storage is permitted in the front yard of a lot containing a residential use;
b) the site coverage of outdoor storage must not exceed 40% of the total site coverage; and
c) any outdoor storage on a lot shall be setback a minimum distance of:
i.
10 metres (33ft) from all side lot lines and rear lot lines;
ii.
30 metres (99ft) from all residential uses; and
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iii.
30 metres (99ft) from the natural boundary of any river, stream, or lake.
5.21.2 Any outdoor storage, whether as a principal or accessory use, must be screened by a solid,
view obstructing fence or screen that is not less than 1.8 metres (6ft) and not more than 2.5
metres (8ft) in height and that is located along each lot line or boundary of the lot that abuts a
street or Residential zone.
5.21.3 No material within an approved outdoor storage area shall be piled to the height greater than
that of the enclosing fence or screen.
5.22
SECONDARY SUITES
A maximum of one secondary suite is permitted within a single family dwelling, only where
expressly permitted within a zone, and must meet the following requirements:
a) must be wholly within the primary dwelling unit with a separate and distinct entrance;
b) must meet the BC Building Code and all other applicable local and Provincial enactments;
c) pay supplementary utility charges where applicable in conformance with District bylaws;
d) must be located in and not exceed 40% of the habitable gross floor area of the building, to
a maximum of 90 square metres (969 sqft);
e) must provide parking upon the lot in conformance with Part 6 of this Bylaw; and
f)
must be registered with the District and inspected by the Building Inspector prior to
occupation.
5.23
CANNABIS PRODUCTION FACILITIES AND CANNABIS RETAIL
5.23.1 Cannabis production facilities are permitted in the RL-1, I-2 and I-3 zones or lands within the
ALR, provided that they meet the following conditions:
a) the facilities must be licensed by Health Canada;
b) the use must be located on a lot having a minimum lot area of 8 hectares (20 acres), except
on lands zoned I-2 or I-3 where the minimum lot area shall be 2 hectares (5 acres) and
c) all buildings used for cannabis production must be set back a minimum of 30 metres from
all lot lines.
5.23.2 Notwithstanding section 5.23.1, where a cannabis production facility is no more than 200
square metres in area, the minimum required lot area in the RL-1 zone is 4 hectares.
5.23.3 Cannabis retail is permitted in the C-1 and MX-1 zones and is prohibited in all other zones
including zones which broadly permit retail store or sales, convenience store, or accessory
retail use, unless expressly permitted.
Notwithstanding the preceding, all production facilities in the ALR must comply with the provisions of
the Agricultural Land Commission Act, the regulations thereto and any Orders of the
Commission.
5.24
TEMPORARY DWELLING FOR CAREGIVING
5.24.1 Notwithstanding any restrictions set out in this Bylaw or any other bylaw, one manufactured
home may be permitted on a lot for temporary use if the following conditions are met:
a) the lot contains not more than one single family dwelling;
b) the lot area is a minimum of 4,000 square metres (1 acre) if served by a community water
system or a minimum area of 8,000 square metres (2 acres) if not served by a community
water system;
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c) the manufactured home must be occupied by a person:
i.
who is cared for or maintained by the owner of the said lot; or
ii.
who is required to provide care for the owner of said lot; and
iii.
for whom a physician has certified that such care is necessary;
d) the manufactured home be sited not less than 6 metres (20ft) from any lot line and not less
than 5 metres (16.5ft) from the principal dwelling;
e) sewage disposal facilities in accordance with the Sewerage System Regulation must be
provided for the manufactured home; and
f)
a restrictive covenant under s. 219 of the Land Title Act must be registered against the title
of the lot stipulating the particulars of the conditions specified in this section.
5.24.2 The manufactured home must be removed from said lot if any of the conditions specified in
the preceding section above, cease to exist.
5.24.3 Despite the preceding, no more than one dwelling per lot is permitted on ALR lands unless
expressly approved by the Agricultural Land Commission.
5.25
DWELLINGS PER LOT
5.25.1 There shall be no more than one single family dwelling, one duplex or one manufactured home
on any lot unless expressly permitted within the zone.
5.25.2 Notwithstanding s. 5.25.1, where a lot is used exclusively for agricultural use, one additional
detached dwelling unit in conjunction with the agricultural use is permitted on that lot if the
following conditions are met:
a) the lot must be classified as 'Farm' under the Assessment Act;
b) the lot area must be 8 hectares (20 acres) or more;
c) any additional dwelling must be occupied only by a member of the owner's immediate
family or by a person employed in agricultural operation;
d) any additional dwelling must be 8 metres or more from any lot boundary; and
e) any additional dwelling must be serviced with on-site water and sewage disposal in
accordance with the requirements of the Provincial authority having jurisdiction.
5.25.3 Where an additional dwelling unit for agricultural use is permitted pursuant to s. 5.25.2, the
owner must register a restrictive covenant against the title of the lot under s. 219 of the Land
Title Act prohibiting use of the additional dwelling for any other tenancy than the occupancy of
a person(s) engaged in agriculture work on the property.
5.25.4 Despite the preceding, no more than one dwelling per lot is permitted on ALR lands unless
expressly approved by the Agricultural Land Commission.
5.26
SHIPPING CONTAINER
The placement of a shipping container is permitted as an accessory use only in the RL-1, SH-
1, CR-1, and all C, I, and P Zones, subject to the following:
a) no more than one shipping container 12.2 metres (40ft) in length or two shipping containers
6 metres (20ft) in length per lot in the RL-1, SH-1 and CR-1 Zones;
b) no more than two shipping containers 12.2 metres (40ft) in length or four shipping
containers 6 metres (20ft) in length per lot in C Zones and MX-1 Zone;
c) no shipping container shall exceed 12.2 metres (40ft) in length;
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d) must comply with all applicable accessory building setbacks from lot lines and applicable
conditions of use; and
e) must be screened to an adequate height with a fence, building, or evergreen landscaping.
5.27
CONSTRUCTION CAMPS
Notwithstanding other provisions of this Bylaw, construction camps providing boarding and
lodging facilities for employees or contractors working on major construction projects such as
highways, power projects, transmission and utility lines, and mines are permitted within the
RL-1, C-2, I-2, I-3, P-1, and P-2 Zones provided that:
a) the minimum lot area is 4 hectares (10 acres);
b) the construction camp complies with any Provincial statute or regulation in effect, including
the Industrial Camps Regulation;
c) the construction camp is set back a minimum of 50 metres from any lot zoned other than
RL-1, C-2, I-2, I-3, P-1, and P-2;
d) the duration of use does not exceed the construction period; and
e) upon closure, the construction camp land is remediated to its former condition.
5.28
BEEKEEPING
Beekeeping is permitted in all zones subject to compliance with Animal Control Bylaw No. 148,
2016, as amended and superseded.
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Part 6.0
OFF-STREET PARKING AND LOADING
6.1
GENERAL PROVISIONS/RESTRICTIONS
6.1.1
Off-street parking and loading spaces required for land, a building or structure in a
development subject to a phased or incremental development agreement must be provided
for each building or group of buildings at the time the building or groups of buildings are
constructed.
6.1.2
An owner of land who provides off-street parking and loading spaces in excess of the
requirements of this Bylaw must provide and maintain such additional spaces in conformity
with the requirements of this Bylaw.
6.1.3
All owners of land, a building or a structure must provide off-street parking areas and off-street
loading spaces for vehicles as required by this Bylaw prior to the occupancy or the
commencement of the occupancy or use, as the case may be, of that land, building or
structure.
6.2
LOCATION AND ALTERNATE SITES
Required parking spaces and off-street loading spaces must be located on the same lot as the
use they serve; except that off-street parking and loading spaces for a use may be located on
an alternate lot if the following conditions are met:
a) the alternate lot is within 60 metres (197ft) of the use to be served by the off-street parking
area; and
b) the zoning of the alternate lot permits off-street parking area as a principal use.
6.3
OFF-STREET PARKING REDUCTIONS FOR SHARED PARKING
A reduction in the number of off-street parking spaces required by this Bylaw may be
considered where two or more uses occupy a lot and have different parking demand peaks.
6.4
OFF-STREET PARKING SPACE DIMENSIONS
Off-street parking spaces must comply with the dimensions in Table 1 below:
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Table 1 - Off-Street Parking Space Required Dimensions
Type of Off-Street Parking
Space
Minimum
Width
Minimum
Length
Minimum
Height
Standard Parking Space
2.7 m (9ft)
5.5 m (18ft)
2.1 m (7ft)
Parallel Parking Space
2.5 m (8ft)
6.5 m (21.3ft)
2.1 m (7ft)
Small Car Parking Space
2.4 m (8ft)
4.9 m (16ft)
2.1 m (7ft)
Parking Space for Disabled
Persons
3.7 m (12ft)
5.5 m (18ft)
2.1 m (7ft)
6.5
SMALL CAR PARKING
A maximum of 20% of the number of required off-street parking spaces may have the minimum
dimensions specified for small cars in Table 1, and such spaces must be clearly identified by
pavement marking and a sign with the words "small cars only".
6.6
PARKING FOR DISABLED PERSONS
6.6.1
Commercial, industrial, public and other uses required to be accessible by disabled persons
must provide, as close as possible to the entrance of the building or use, disabled parking
spaces on the following basis:
a) 1 disabled parking space where 10 or less parking spaces are required;
b) 2 disabled parking spaces where 10 to 50 parking spaces are required; and
c) 3 disabled parking spaces where more than 50 standard parking spaces are required.
6.6.2
All disabled parking spaces must be clearly designated for disabled persons by a pavement
marking and by a sign located at the front of the parking space with a disabled logo.
6.7
OFF-STREET LOADING REQUIREMENTS
6.7.1
All off-street loading spaces must be of an adequate size to accommodate the type and size
of delivery vehicle that can be expected but in no case shall be less than 3 metres (10ft) in
width, 9 metres in length (30ft) and 4 metres (13ft) in height.
6.7.2
Commercial, industrial, institutional and other uses involving delivery of goods or materials by
vehicles must provide 1 off-street loading space for every 1,000 square metres of gross floor
area.
6.7.3
Apartments and senior citizen housing containing more than 20 dwelling units must provide at
least 1 off-street loading space.
6.8
ACCESS AND EGRESS
6.8.1
Except in the Rural Zones and the R-1 and R-2 Zones, every off-street parking space must be
designed so that all vehicular manoeuvres immediately into or out of the parking space are
carried out on-site and not onto a highway or street.
6.8.2
Off-street parking and loading spaces may use a lane or manoeuvring aisle for access
purposes provided traffic circulation on the lane or manoeuvring aisle, as the case may be, is
not impeded.
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6.8.3
The number, location, dimensions and design of driveway access must be as approved by the
District or, in the case of a controlled access highway, the Province.
6.9
MANOEUVRING AISLE DIMENSIONS
6.9.1
Manoeuvring aisles must be provided to enable vehicular access to off-street parking spaces
in accordance with Table 2.
Table 2 - Required Manoeuvring Aisle Dimensions
Angle of Parking Space
from Manoeuvring Aisle
Minimum Width
Manoeuvring Aisle
Traffic Direction
90 Degrees
7 metres (23ft)
Two-way
60 Degrees
5.4 metres (18ft)
One-way only
45 Degrees
4 metres (13ft)
One-way only
30 Degrees
3.3 metres (11ft)
One-way only
Parallel
7 metres (23ft)
Two-way
Parallel
3.8 metres (12.5ft)
One-way only
6.9.2
The length of a parallel parking space in Table 2 must be increased by 1.5 metres (5ft) where
it abuts a fence or other structure or is at either end of a row of parking spaces.
6.9.3
Where a manoeuvring aisle provides access to parking spaces set at different angles on one
or both sides of the aisle, the widest required minimum aisle width must be provided.
6.10
DELINEATION MARKINGS AND CURBS
6.10.1 Except in the Rural Zones and the R-1 & R-2 Zones, where asphalt, concrete or similar hard
surface is provided all off-street parking areas, off-street loading spaces, manoeuvring aisles,
accesses and egresses must be delineated by painted lines, curbs, signs or other appropriate
means which must be maintained to ensure legibility.
6.10.2 Curbs or other appropriate barriers must be utilized to ensure vehicles do not encroach onto
pedestrian walkways, landscaped areas or highways from off-street parking areas.
6.10.3 Required visitor parking spaces must be identified by the word "VISITOR" on or at each space.
6.11
SITING PROVISIONS
Except in the Rural Zones and the R-1 and R-2 Zones, no off-street parking areas or off-street
loading space shall be sited:
a) less than 1 metre (3.3ft) from any lot line; or
b) within a horizontal distance of 1.5 metres (5ft) of a window of a habitable room.
6.12
LIGHTING
6.12.1 Illumination of off-street parking and loading spaces must be provided where:
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a) the total number of required off-street parking spaces exceeds 10 spaces; or
b) the off-street parking area is located on an alternate lot under s. 6.2.
6.12.2 Where illumination is provided for off-street parking areas or off-street loading spaces, the
lighting fixtures must be located and arranged so that the lighting fixtures do not directly
illuminate any adjoining lot.
6.13
CALCULATION GUIDELINES
6.13.1 Where more than one type of use is located on a lot, the total number of off-street parking or
loading spaces must be the sum of the required number of spaces for each type of use.
6.13.2 When calculating the number of required off-street parking and loading spaces, a fractional
total must be rounded up.
6.13.3 Where seating accommodation is the unit of measurement, and such accommodation consists
of benches, pews, booths, stand-up counters or similar, each 0.5 metre (1.6ft) width of such
seating shall be counted as one seat.
6.13.4 Where the number of employees is the unit of measurement, it shall mean the greatest number
of persons at work at any time of the day or night in a particular building or use.
6.13.5 Where the size of a building or structure is the unit of measurement, the gross floor area shall
be used, unless otherwise specified, to calculate the required number of off-street parking
spaces and off-street loading spaces.
6.14
REQUIRED OFF-STREET PARKING SPACES
6.14.1 The minimum number of required off-street parking spaces must be provided as set out by use
or, where not specifically listed, the most similar use in the following Table 3:
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Table 3 - Required Off-Street Parking Spaces
Use
Minimum Number of
Off-Street Parking Spaces
Accessory residential use
(boarding, bed and breakfast, secondary suite)
1 per dwelling unit or sleeping unit
Apartment or dwelling units in mixed use commercial
buildings
1.3 per dwelling unit, plus
0.2 visitor parking spaces per dwelling
unit
Home Based Business
1 customer parking space
Manufactured home park
1 per manufactured home space, plus
1 visitor parking space per every 2
manufactured homes
Single family dwelling/ duplex/ manufactured home
2 per dwelling unit
Senior citizen housing
0.5 per dwelling unit, plus
0.2 visitor parking spaces per dwelling
unit
Townhouse or other multiple family dwelling excluding
apartment
1.5 per dwelling unit, plus
0.2 visitor parking spaces per dwelling
unit
Office
(Business or professional office)
1 per 30 sqm (323sqft) gross floor
area
Recreational accommodation
(campground)
1 per sleeping unit, plus
1 visitor parking space per every 3
sleeping units
Restaurant
1 per 4 indoor seats with a minimum of 3
for employees, plus 1 additional space
for every 12 seasonal outdoor seats
Retail store
1 per 20 sqm (215sqft) gross floor area,
excluding storage area;
Traveller Accommodation Use
(hotel, motel or motor inn, holiday or tourist cabin)
1 per sleeping unit
Vehicle services
(service station, vehicle sales or rental operation, vehicle
service or repair, commercial vehicle storage)
1 per 2 employees, plus 2 per service
bay
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Assembly use or civic use
1 per 20 sqm (215 sqft) gross floor area
Entertainment facility, place of worship or
funerary use.
1 per 5 seats or 1 per 20 sqm (215sqft) gross
floor area, whichever is greater
Golf course
3 per fairway, plus 1 per practice tee
Outdoor recreation
(public park, play field, playground)
1 per 200 sqm (2153sqft) gross field area
Recreation
(bowling alley, pool hall, curling rink, racquet court)
2 per first 4 alleys/tables/sheets/courts and 1
per alley/table/sheet/court thereafter
(arena, gymnasium, swimming pool)
1 per 10 sqm (108sqft) ice or gym area
1 per 4 sqm water surface area
Community care facility
(day care, nursery school, child minding)
1 per 20 sqm (215 sqft) indoor
activity area
Educational institution
(elementary and secondary school, college)
1.5 per elementary school classroom
3 per secondary school classroom
5 per college classroom
Hospital or complex care facility
1 per 3 beds
Chauffer business
(taxi, limousine)
1 per company vehicle that operates
from the premises
Commercial carriers
(bus depot, freight terminal)
1 per 20 sqm (215 sqft) gross floor area,
excluding all storage areas
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Building supply and lumber yard
1 per 50 sqm (538 sqft) gross floor area, excluding all
storage areas
Heavy industrial
(resource processing, primary
manufacturing)
1 per employee, plus
1 per 100 sqm (1076sqft) gross floor area, excluding all
storage areas
Light/Service industrial
(manufacturing)
1 per 100 sqm (1,076sqft) gross floor area, excluding all
storage areas, plus 1 per 40 sqm (430 sqft) of gross floor
area used for an accessory office or retail area
Mini-storage facility
2 visitor parking spaces and 1 per employee
Vehicle sales or rental and vehicle
servicing or repair
1 per 200 sqm (2,153sqft) gross floor area, excluding all
storages areas, plus 1 per 40 sqm (430sqft) of gross floor
area used for an accessory office or retail area
Warehousing
1 per 200 sqm (2,153sqft) of workshop area excluding all
storage areas, plus 1 per 40 sqm (430sqft) of gross floor
area used for an accessory office
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Part 7.0
RURAL ZONES
7.1
RURAL (RL-1) ZONE
7.1.1 PURPOSE
The purpose of this zone is to provide for predominantly large lots which, by reason of their
resource potential, arability, isolation from urban development and urban services, are suited
for agricultural, resource, recreational or low density rural uses. This zone also applies to
extensive Crown and ALR lands.
7.1.2 PERMITTED USES
The following principal uses and no others are permitted:
a) agricultural use;
b) nursery;
c) open land recreation;
d) medical marihuana production facility;
e) temporary sawmill use;
f)
sand and gravel pit in the case of District Lot 1724, KDYD;
g) winery, cidery, meadery, microbrewery; and
h) one single family dwelling or one manufactured home or, where land is not within the ALR,
one duplex.
The following are permitted as accessory uses:
i)
accessory building;
j)
bed and breakfast;
k) boarding;
l)
one carriage suite or garden suite on lots larger than 2 ha (5 acres) where land is not within
the ALR;
m) home based business;
n) commercial kennel; and
o) secondary suite.
7.1.3 PERMITTED USES - SITE SPECIFIC
The following uses are permitted on a site-specific basis only:
a) bed and breakfast home business in a detached building with a maximum of four rentable
rooms for the temporary accommodation of not more than eight persons in the case of Lot
B, Plan EPP36167 (625 Greer Road).
7.1.4 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be 4 hectares (10 acres) except for
lands within the ALR where the minimum lot area shall be 8 hectares (20 acres).
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7.1.5 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
a) Lot coverage, building height and setbacks shall be provided in accordance with the
following Table 4:
Principal Building
Accessory Building
Maximum Lot Coverage
No maximum
Maximum Building Height
No maximum
No maximum
Setback Required from:
Front Lot Line
6 metres (20ft)
6 metres (20ft)
Rear Lot Line
6 metres (20ft)
1.5 metres (5ft)
Interior Side Lot Line
2.4 metres (8ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
b) Notwithstanding s. 7.1.5(a), industrial equipment used for temporary sawmill use that has
the potential to create noise, dust, vibration, odours or nuisance shall be setback a
minimum of 300 metres (985ft) from an established residence in any zone.
c) Notwithstanding s. 7.1.5(a), a building or equipment used for the processing of aggregate
materials shall be setback a minimum of 300 metres (985ft) from an established residence
in any zone.
d) Notwithstanding s. 7.1.5(a), processing and stockpiling of composting material must not
occur within 30 metres (98ft) of any lot line or domestic water supply intake nor within 15
metres (49ft) of any stream or watercourse.
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7.2
SMALL HOLDING (SH-1) ZONE
7.2.1 PURPOSE
The purpose of this zone is to secure a rural residential environment so that property owners
who seek the privacy of a larger lot rural context may be independently served by on-site water
and septic services and be protected from the premature intrusion of higher density
development.
7.2.2 PERMITTED USES
The following principal uses and no others are permitted:
a) one single family dwelling or one manufactured home or, where land is not within the ALR,
one duplex; and
b) for ALR land, agricultural use (see s. 4.4).
The following are permitted as accessory uses:
c) accessory building;
d) bed and breakfast;
e) boarding;
f)
home based business;
g) secondary suite; and
h) keeping of a limited number of animals as set out in the Animal Control Bylaw.
7.2.3 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be 2 hectares (5 acres).
7.2.4 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 5:
Principal Building
Accessory Building
Maximum Lot Coverage
No maximum
Maximum Building Height
No maximum
No maximum
Setback Required from:
Front Lot Line
6 metres (20ft)
6 metres (20ft)
Rear Lot Line
6 metres (20ft)
1.5 metres (5ft)
Interior Side Lot Line
2.4 metres (8ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
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7.3
COUNTRY RESIDENTIAL (CR-1) ZONE
7.3.1 PURPOSE
The purpose of this zone is to identify lands which, by reason of adequate drainage, sufficient
supply of potable water, availability of adequate sewage disposal, proximity to urban services,
are suited for rural residential use.
7.3.2 PERMITTED USES
The following principal uses and no others are permitted:
a) one single family dwelling or one manufactured home or, where land is not within the ALR,
one duplex; and
b) for ALR land, agricultural use (see s.4.4).
The following are permitted as accessory uses:
c) accessory building;
d) bed and breakfast;
e) boarding;
f)
home based business;
g) secondary suite; and
h) keeping of a limited number of animals as set out in the Animal Control Bylaw.
7.3.3 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be:
a) 0.4 hectares (1 acre) where the lot is serviced by a community water system; or
b) 1 hectare (2.5 acres) where the lot is not serviced by a community water system.
7.3.4 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 6:
Principal Building
Accessory Building
Maximum Lot Coverage
No maximum
Maximum Building Height
No maximum
No maximum
Setback Required from:
Front Lot Line
6 metres (20ft)
6 metres (20ft)
Rear Lot Line
6 metres (20ft)
1.5 metres (5ft)
Interior Side Lot Line
2.4 metres (8ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
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Part 8.0
RESIDENTIAL ZONES
8.1
RESIDENTIAL SINGLE FAMILY AND DUPLEX (R-1) ZONE
8.1.1 PURPOSE
The purpose of this zone is to provide for conventional, low density, suburban residential
development.
8.1.2 PERMITTED USES
The following principal uses and no others are permitted:
a) one single family dwelling, one duplex, or one manufactured home.
The following are permitted as accessory uses:
b) accessory building;
c) bed and breakfast;
d) boarding;
e) home based business; and
f)
secondary suite.
g) duplex suite, where each half-duplex may contain one suite, only in the case of District Lot
3852, KDYD, Except: (1) Plans H558, 12907, 19332, 24061 and KAP70712; (2) Parcel A
(DD250793F); AND Lot A, District Lot 3852, KDYD, Plan 24061, Except Plans 24951 and
KAP70712.
8.1.3 CONDITIONS OF USE
a) A manufactured home must have a minimum width of 6.5 metres (22ft).
a) The total gross floor area of all accessory buildings shall not exceed 65 square metres
(700 sqft).
b) Notwithstanding the preceding, where a lot is 4,000 square metres (1 acre) or greater, the
total gross floor area of all accessory buildings permitted shall not exceed 200 square
metres (2,153 sqft).
8.1.4 REQUIREMENTS FOR SUBDIVISION
a) The minimum lot area for a lot created by subdivision shall be:
i.
700 square metres (7,535 sqft) where the lot is serviced by a community water
system and community sanitary sewer system; or
ii.
2000 square metres (0.5 acres) where the lot is serviced by a community water
system but no community sanitary sewer system despite that site soil conditions
may require a larger lot area for onsite sewerage; or
iii.
1 hectare (2.5 acres) where the lot is not serviced by a community water system
or community sanitary sewer system.
b) The minimum frontage of a lot shall be 15 metres (50ft) except where a lot fronts the bulb
of a cul-de-sac road in which case the minimum frontage shall be 9m (30ft).
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8.1.5 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 7:
Principal Building
Accessory Building
Maximum Lot Coverage
Total 40%
Maximum Building
Height
10 metres (33ft)
6 metres (20ft)
Setback Required from:
Front Lot Line
6 metres (20ft)
6 metres (20ft)
Rear Lot Line
6 metres (20ft)
1.5 metres (5ft)
Interior Side Lot Line
2.4 metres (8ft)
1.5 metre (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
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8.2
COMPACT RESIDENTIAL (R-2) ZONE
8.2.1 PURPOSE
The purpose of this zone is to accommodate single or duplex detached residential use with
greater lot coverage on smaller lots serviced by community water and sanitary sewer systems.
8.2.2 PERMITTED USES
The following principal uses and no others are permitted:
a) one single family dwelling or one duplex.
The following are permitted as accessory uses:
b) communal buildings on common property;
c) bed and breakfast;
d) boarding;
e) home based business;
f)
secondary suite; and
g) one accessory building per lot.
8.2.3 CONDITIONS OF USE
a) Only 1 accessory building to a maximum gross floor area of 65 square metres (700 sqft)
is permitted per lot except when located on strata common property where no maximum
shall apply.
b) All lots in the R-2 zone must be serviced by a community water system and community
sanitary sewer system.
8.2.4 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be 400 square metres (4,306 sqft)
for a single family dwelling and 600 square metres (6,459 sqft) for a duplex.
8.2.5 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 8:
Principal Building
Accessory Building *
Maximum Lot Coverage
Total 45%
Maximum Building Height
10 metres (33ft)
5 metres (16.5ft)
Setback Required from:
Front Lot Line
6 metres (20ft)
N/A*
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Rear Lot Line
6 metres (20ft)
1.5 metres (5ft)
Interior Side Lot Line
2.4 metres (8ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
*In the R-2 Zone an accessory building must be located in the rear yard
except when located on common property in a Strata Development.
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8.3
MULTIPLE FAMILY RESIDENTIAL (R-3) ZONE
8.3.1 PURPOSE
The purpose of this zone is to accommodate multiple family residential use in the central
precinct of the District on lots serviced by community water and sanitary sewer systems.
8.3.2 PERMITTED USES
The following principal uses and no others are permitted:
a) multiple family dwelling; and
b) senior citizen housing;
The following are permitted as accessory uses:
c) accessory building;
d) common or private amenity areas;
e) in the case of an apartment, up to 33% of the ground floor level gross floor area can be
used for professional office use;
f)
home based business subject to there being no non-resident employees and no customers
attending the premises; and
g) preschool.
8.3.3 PERMITTED USES - SITE SPECIFIC
The following uses are permitted on a site-specific basis only:
a) duplexes with a 0m interior side lot setback in a bare land strata development in the case
of Lots 1-32, Plan EPS2429, KDYD.
b) single family dwelling in the case of Strata Lots 3 to 32, District Lot 3856, KDYD, Strata
Plan EPS2429, together with an interest in the Common Property in Proportion to the Unit
Entitlement of the Strata Lot as Shown on Form V (400-484, 488 Lytton Crescent).
c) The maximum density for apartment or senior citizen housing is increased to 80 units per
ha to allow 59 dwelling units and the amenity area is decreased to 3.34 square meters (36
sq ft) for three units, in the case of Lot A, District Lot 73, KDYD, Plan EPP81829 (240 Park
Drive).
8.3.4 CONDITIONS OF USE
a) A common amenity area of not less than 100 square metres (1,077 sqft) and minimum
dimension of not less than 6 metres (20ft) shall be provided for all buildings containing 10
or more dwelling units on a lot. Such a common amenity area may include a swimming
pool, sauna, exercise room, tennis courts, playground, courtyard, craft and games room,
meeting room and similar recreational/social oriented facilities.
b) An outdoor amenity area of not less than 15 square metres (162 sqft) and having minimum
dimension of not less than 3 metres (10ft) shall be provided for and contiguous to each
townhouse.
c) An amenity area of not less than 5 square metres (54 sqft) and minimum dimension of not
less than 1.5 metres (5ft) shall be provided for and contiguous to each dwelling unit in an
apartment.
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d) Amenity areas within a multiple family dwelling may include a patio, sun deck, balcony or
terrace.
8.3.5 REQUIREMENTS FOR SUBDIVISION
a) The minimum lot area for a lot created by subdivision for a building or buildings consisting
of 4 or less dwelling units shall be 900 square metres (9,688 sqft).
b) The minimum lot area for a lot created by subdivision for a building or buildings consisting
of 5 or more dwelling units shall be 1,000 square metres (0.25 acres).
c) The minimum frontage of a lot shall be of 30 metres (99ft).
8.3.6 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 9:
Apartment or Senior
Citizen Housing
Other Multiple
Family Building
Accessory Building
Maximum Lot
Coverage
Total 60%
Total 45%
Included in Total
Maximum Density
70 units/hectare
(28 units/acre)
35 units/hectare
(14 units/acre)
Included in Total
Maximum Building
Height
15 metres (50ft)
12 metres (40ft)
5 metres (16.5ft)
Setback Required from:
Front Lot Line
7.5 metres (25ft)
7.5 metres (25ft)
7.5 metres (25ft)
Rear Lot Line
6 metres (20ft)
6 metres (20ft)
1.5 metres (5ft)
Interior Side Lot Line
6 metres (20ft)
6 metres (20ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
4.5 metres (15ft)
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8.4
MANUFACTURED HOME PARK (MHP-1) ZONE
8.4.1 PURPOSE
The purpose of this zone is to accommodate manufactured home parks with either leased
MHP spaces or strata titled MHP lots, in appropriate locations.
8.4.2 PERMITTED USES
The following principal uses and no others are permitted:
a) manufactured home park.
The following are permitted as accessory uses:
b) accessory building;
c) home based business;
d) amenity areas for the use of the manufactured home park residents and visitors; and
e) one caretaker dwelling unit.
8.4.3 CONDITIONS OF USE
Manufactured home parks shall comply with requirements of District of Clearwater
Manufactured Home Parks Bylaw No. 1949 as amended and superseded.
8.4.4 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for the overall manufactured home park lot shall be 2 hectares (5 acres).
8.4.5 MAXIMUM DENSITY
The maximum density of a manufactured home park shall be 17 units per hectare (7 units/
acre).
8.4.6 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
The District of Clearwater Manufactured Home Parks Bylaw No. 1949 as amended or
superseded, sets out the required provisions for a manufactured home park.
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Part 9.0
COMMERCIAL ZONES
9.1
GENERAL COMMERCIAL (C-1) ZONE
9.1.1 PURPOSE
The purpose of this zone is to provide for comprehensive commercial development for the sale
of consumer goods and services commonly available in a central business area that is oriented
to both pedestrian and vehicle traffic. Development in this zone is generally governed by OCP
Development Permit requirements.
9.1.2 PERMITTED USES
The following principal uses and no others are permitted:
a) assembly use;
b) professional office;
c) civic use;
d) personal service use;
e) funerary use;
f)
entertainment use;
g) restaurant;
h) retail store, including convenience store;
i)
cannabis retail;
j)
public market;
k) service station;
l)
traveller accommodation use; and
m) off-street parking area.
The following are permitted as accessory uses:
n) accessory building; and
o) dwelling units in the principal commercial building, except on lots greater than 0.8 ha (2
acres) in area, where one single family dwelling may be detached from any principal
commercial building.
9.1.3 PERMITTED USES - SITE SPECIFIC
a) Veterinary clinic or animal hospital in the case of Lot 1, District Lot 2905, KDYD, Plan
39350 (205E Old North Thompson Hwy).
9.1.4 CONDITIONS OF USE
a) Retail stores permitted in this zone shall not include buildings or yards for the sale of new
of used vehicles, farm or industrial machinery.
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b) Dwelling units permitted in a principal commercial building shall have a separate entrance
from that of the permitted commercial use and be located on the same level or above the
commercial use.
9.1.5 REQUIREMENTS FOR SUBDIVISION
a) The minimum lot area for a lot created by subdivision shall be:
i.
500 square metres (5,382 sqft) where the lot is serviced by a community water
system and community sanitary sewer system;
ii.
2,000 square metres (0.5 acres) where the lot is serviced by a community water
system but no community sanitary sewer system despite that site soil conditions
may require a larger lot area for onsite sewerage; or
iii.
1 hectare (2.5 acres) where the lot is not serviced by a community water system
or community sanitary sewer system.
b) The minimum frontage of a lot shall be 15 metres (50 ft).
9.1.6 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
a) Lot coverage, building height and setbacks shall be provided in accordance with the
following Table 10:
Principal Building
Accessory Building
Maximum Lot Coverage
Total 60%
Maximum Building Height
15 metres (50ft)
6 metres (20ft)
Setback Required from:
Front Lot Line
0 metres
6 metres (20ft)
Rear Lot Line
5 metres (16.5ft)
5 metres (16.5ft)
Interior Side Lot Line
3 metres (10ft)
3 metres (10ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
b) Notwithstanding s. 9.1.5(a), a detached single family dwelling shall not be located within 3
metres (10ft) of a principal commercial building.
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9.2
SERVICE COMMERCIAL (C-2) ZONE
9.2.1 PURPOSE
The purpose of this zone is to accommodate larger scale and more vehicle oriented
commercial uses which may involve more intensive workshop type uses, secondary or service
commercial uses, and sales and may require larger areas of land. Development in this zone
is generally governed by OCP Development Permit requirements.
9.2.2 PERMITTED USES
The following principal uses and no others are permitted:
a) car wash;
b) civic use;
c) professional office;
d) commercial vehicle storage;
e) convenience store;
f)
contractors yard and building supply;
g) entertainment use;
h) mini-storage facility;
i)
nursery;
j)
personal service use;
k) restaurant;
l)
fabrication shop, including the sale of goods produced;
m) service station;
n) transportation use;
o) agricultural use;
p) towing operation and associated vehicle storage excluding vehicle wrecking;
q) veterinary clinic or animal hospital, including commercial kennel;
r) vehicle sale, service, rental, repair; and
s) off-street parking area.
The following are permitted as accessory uses:
t)
accessory building;
u) outdoor storage; and
v) one caretaker dwelling unit.
9.2.3 PERMITTED USES - SITE SPECIFIC
a) Cannabis retail in the case of Lot A, District Lot 73, KDYD, Plan KAP47003 (343
Clearwater Valley Road).
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9.2.4 CONDITIONS OF USE
The gross floor area of a convenience store as an accessory use shall not exceed 140 square
metres (1,510 sqft).
9.2.5 REQUIREMENTS FOR SUBDIVISION
a) The minimum lot area for a lot created by subdivision shall be:
i.
1000 square metres (0.25 acres) where the lot is serviced by a community water
system and community sanitary sewer system;
ii.
2000 square metres (0.5 acres) where the lot is serviced by a community water
system but no community sanitary sewer system despite that site soil conditions
may require a larger lot area for onsite sewerage; or
iii.
1 hectare (2.5 acres) where the lot is not serviced by a community water system
or community sanitary sewer system.
b) The minimum frontage of a lot shall be 20 metres (66ft).
9.2.6 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
a) Lot coverage, building height and setbacks shall be provided in accordance with the
following Table 11:
Principal Building
Accessory Building
Maximum Lot Coverage
Total 60%
Maximum Building Height
15 metres (50ft)
12 metres (40ft)
Setback Required from:
Front Lot Line
6 metres (20ft)
6 metres (20ft)
Rear Lot Line
6 metres (20ft)
6 metres (20ft)
Interior Side Lot Line
3 metres (10ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
b) Notwithstanding s. 9.2.5(a), service station buildings must be setback a minimum of 12
metres (40ft) from the front lot line, and uncovered fuel pump islands must be setback a
minimum of 5 metres (16.5ft) from all lot lines.
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9.3
NEIGHBOURHOOD COMMERCIAL (C-3) ZONE
9.3.1 PURPOSE
The purpose of this zone is to accommodate local convenience commercial uses that serve
individual neighbourhoods and do not result in a destination for vehicle travel from across the
broader District.
9.3.2 PERMITTED USES
The following principal uses and no others are permitted:
a) personal service use;
b) professional office;
c) convenience store;
d) restaurant; and
e) off-street parking area.
The following are permitted as accessory uses:
f)
accessory building; and
g) one caretaker dwelling unit.
9.3.3 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be:
a) 500 square metres (5,382 sqft) where the lot is serviced by a community water system and
community sanitary sewer system;
b) 2000 square metres (0.5 acres) where the lot is serviced by a community water system
but no community sanitary sewer system despite that site soil conditions may require a
larger lot area for onsite sewerage; or
c) 1 ha (2.5 acres) where the lot is not serviced by a community water system or community
sanitary sewer system.
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9.3.4 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 12:
Principal Building
Accessory Building
Maximum Lot
Coverage
Total 40%
Maximum Building
Height
10 metres (33ft)
10 metres (33ft)
Setback Required from:
Front Lot Line
6 metres (20ft)
6 metres (20ft)
Rear Lot Line
6 metres (20ft)
6 metres (20ft)
Interior Side Lot Line
3 metres (10ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
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9.4
RECREATIONAL COMMERCIAL (C-4) ZONE
9.4.1 PURPOSE
The purpose of this zone is to accommodate commercial uses that provide for the recreational
needs of residents and the travelling public.
9.4.2 PERMITTED USES
The following principal uses and no others are permitted:
a) campground;
b) traveller accommodation use;
c) entertainment use;
d) civic use;
e) tourist information services;
f)
marina;
g) golf course;
h) restaurant;
i)
tourist related retail including, but not limited to gift shop and produce stand;
j)
resort;
k) river oriented recreational facilities; and
The following are permitted as accessory uses:
l)
accessory building; and
m) one caretaker dwelling unit.
9.4.3 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be:
a) 2000 square metres (0.5 acres) where the lot is serviced by a community water system
and community sanitary sewer system; or
b) 1 ha (2.5 acres) where the lot is not serviced by a community water system or community
sanitary sewer system.
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9.4.4 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 13:
Principal Building
Accessory Building
Maximum Lot Coverage
Total 40%
Maximum Building Height
No maximum
No maximum
Setback Required from:
Front Lot Line
6 metres (20ft)
6 metres (20ft)
Rear Lot Line
6 metres (20ft)
6 metres (20ft)
Interior Side Lot Line
3 metres (10ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
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9.5
RIVERSIDE CENTRE MIXED USE (MX-1) ZONE
9.5.1 PURPOSE
The purpose of this zone is to permit a broad mix of commercial, residential, and home based
business developments in Clearwater Riverside Centre. Commercial and multi-family
development in this zone is governed by OCP Development Permit requirements; however,
single and duplex development is exempt from Development Permit requirements.
9.5.2 PERMITTED USES
The following principal uses and no others are permitted:
a) assembly use;
b) multiple family dwelling;
c) single family dwelling;
d) duplex;
e) personal service use;
f)
professional office;
g) civic use;
h) funerary use;
i)
entertainment use;
j)
fabrication shop, including the sale of goods produced;
k) mini-storage facility;
l)
car wash;
m) preschool;
n) dwelling units in a commercial building;
o) retail store, including convenience store;
p) cannabis retail;
q) public market;
r) service station;
s) traveller accommodation use;
t)
restaurant; and
u) off-street parking area.
The following are permitted as accessory uses:
v) accessory building;
w) secondary suite; and
x) home based business.
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9.5.3 CONDITIONS OF USE
a) Dwelling units permitted in a commercial building shall have a separate entrance from that
of the permitted commercial use and be located on the same level or above the commercial
use.
9.5.4 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be:
a) 500 square metres (5,382 sqft) where the lot is serviced by a community water system and
community sanitary sewer system;
b) 2000 square metres (0.5 acres) where the lot is serviced by a community water system
but no community sanitary sewer system despite that site soil conditions may require a
larger lot area for onsite sewerage; or
c) 1 ha (2.5 acres) where the lot is not serviced by a community water system or community
sanitary sewer system.
9.5.5 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 14:
Principal Building
Accessory Building
Maximum Lot
Coverage
Total 60%
Maximum Building
Height
15 metres (50ft)
6 metres (20ft)
Setback Required from:
Front Lot Line
0 metres
6 metres (20ft)
Rear Lot Line
5 metres (16.5ft)
6 metres (20ft)
Interior Side Lot Line
3 metres (10ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
District of Clearwater | Zoning Bylaw No. 133, 2016
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Part 10.0
INDUSTRIAL ZONES
10.1 VEHICLE WRECKING (I-1) ZONE
10.1.1 PURPOSE
The purpose of this zone is to accommodate vehicle wrecking and storage compounds in suitable
areas where other industrial uses may not be suitable and to provide clarity for the enabling of this
land use. This use is not permitted in any other zone.
10.1.2 PERMITTED USES
The following principal uses and no others are permitted:
a) vehicle wrecking;
The following are permitted as accessory uses:
b) accessory building;
c) vehicle repair and painting; and
d) one caretaker dwelling unit.
10.1.3 CONDITIONS OF USE
a) Land used for vehicle wrecking and the accessory salvage of goods and materials must be
maintained so as to be dust free at all times.
b) Storage of vehicles is not permitted within 30 metres of the natural boundary of any stream or
watercourse.
c) Battery acid neutralization and waste oil storage facilities must be provided.
d) All areas used for wrecking and storage of vehicles must be graded so that no oil or gas can
drain into any stream or watercourse.
e) Any potentially hazardous or deleterious use including vehicle storage must be set back from
drinking water sources and wells as prescribed by Provincial standards and regulations.
10.1.4 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be 1 hectare (2.5 acres).
10.1.5 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
a) Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 15:
District of Clearwater | Zoning Bylaw No. 133, 2016
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Maximum Lot Coverage
No maximum
Maximum Building Height
10 metres (33ft)
Setback Required from:
Front Lot Line
7.5 metres (25ft)
Rear Lot Line
7.5 metres (25ft)
Interior Side Lot Line
7.5 metres (25ft)
Exterior Side Lot Line
7.5 metres (25ft)
b) Notwithstanding s.10.1.5(a), where a lot zoned Vehicle Wrecking (I-1) adjoins or abuts a lot in
an Industrial zone, the rear lot line or interior side lot line setbacks do not apply.
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10.2 LIGHT INDUSTRIAL (I-2) ZONE
10.2.1 PURPOSE
The purpose of this zone is to accommodate a wide range of light and general industrial uses such
as warehousing, wholesaling, manufacturing, assembly and a limited range of commercial uses,
and to differentiate it from heavy and potentially deleterious industrial uses.
10.2.2 PERMITTED USES
The following principal uses and no others are permitted:
a) manufacturing, processing, finishing and packaging
b) auction sales;
c) contractors yard and building supply;
d) bulk fuel, heating oil and propane storage and distribution;
e) waste management use;
f)
civic use;
g) commercial vehicle storage;
h) equipment sales, service and rental;
i)
household and other small appliance sales and service;
j)
wholesaling, warehousing and storage including outdoor storage;
k) nursery;
l)
medical marihuana production facility;
m) processing of wood and forest products on a limited scale;
n) processing of sand and gravel including screening, crushing, watering and production of
concrete and asphalt;
o) works yard;
p) transportation use;
q) vehicle sales, storage, rental, or repair, including vehicle body repair and painting;
r) veterinary clinic; and
s) agricultural use.
The following are permitted as accessory uses:
t)
accessory buildings, including, without limiting the generality of the foregoing, materials
handling equipment, scales and storage buildings.
u) office accessory to the operation of any of the principal uses permitted in this zone;
v) retail sales accessory to the operation of any of the principal uses permitted in this zone;
w) restaurant; and
x) one caretaker dwelling unit.
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10.2.3 PERMITTED USES - SITE SPECIFIC
The following uses are permitted on a site-specific basis only:
a) Racetrack in the case of Lot A, District Lot 1725, KDYD, Plan KAP91502.
10.2.4 CONDITIONS OF USE
a) Commercial vehicle storage outside a building as a permitted principal use shall be limited to
that part of the lot surfaced with asphalt, concrete or similar hard surface and shall not exceed
a total lot coverage of 50%.
b) A mini-storage facility shall:
i.
be completely enclosed within a building; and
ii.
have adequate on-site drainage works and shall not drain onto or create a drainage
hazard for an adjacent lot.
c) All individual storage units within a mini-storage facility shall have:
i.
direct access at the ground level and a maximum interior height of 3.3 metres (11ft);
and
ii.
a gross floor area of not less than 2.8 square metres (30 sqft) and not more than 28
square metres (300 sqft).
d) An accessory building for security personnel (watch person) shall not exceed a gross floor
area of 20 square metres (215 sqft).
e) An accessory office shall not exceed 25% of the gross floor area of the principal uses on the
lot.
f)
The gross floor area of a restaurant as an accessory use shall not exceed 70 square metres
(754 sqft).
10.2.5 REQUIREMENTS FOR SUBDIVISION
a) The minimum lot area for a lot created by subdivision shall be:
i.
1000 square metres (0.25 acres) where the lot is serviced by a community water
system and community sanitary sewer system;
ii.
2000 square metres (0.5 acres) where the lot is serviced by a community water
system but no community sanitary sewer system despite that site soil conditions may
require a larger lot area for onsite sewerage; or
iii.
1 hectare (2.5 acres) where the lot is not serviced by a community water system or
community sanitary sewer system.
b) The minimum frontage of a lot shall be 20 metres (66ft).
10.2.6 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
a) Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 16:
Maximum Lot Coverage
No maximum
Maximum Building Height
No maximum
Setback Required from:
District of Clearwater | Zoning Bylaw No. 133, 2016
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Front Lot Line
6 metres (20ft)
Rear Lot Line
3 metres (10ft)
Interior Side Lot Line
3 metres (10ft)
Exterior Side Lot Line
4.5 metres (15ft)
b) Notwithstanding s. 10.2.5(a), where a lot zoned Light Industrial (I-2) adjoins or abuts a lot in
an Industrial zone, the rear lot line or interior side lot line setbacks do not apply.
c) Notwithstanding s. 10.2.5(a), where a lot zoned Light Industrial (I-2) adjoins or abuts a Rural
or Residential zone, all buildings in the I-2 Zone must be setback a minimum of 7.5 metres
(25ft) from the boundary of each lot that adjoins or abuts the Rural or Residential Zone.
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10.3 HEAVY INDUSTRIAL (I-3) ZONE
10.3.1 PURPOSE
The purpose of this zone is to accommodate the broadest range of industrial uses including
all of those set out in the I-2: Light Industrial Zone but also extensive, outdoor industrial
activities that could create nuisance were they to be carried out in any other zone. This zone
allows a very limited range of commercial uses so as to protect the affordable industrial land
base in the District.
10.3.2 PERMITTED USES
The following principal uses and no others are permitted:
a) all uses permitted in the I-2 zone;
b) aggregate including rock, sand and gravel stockpiling, processing and sale;
c) medical marihuana production facility;
d) primary resource processing;
e) processing of concrete products and ready-mix concrete;
f)
asphalt processing plant; and
g) manufacturing.
The following shall be permitted as accessory uses:
h) materials handling equipment, scales and storage buildings;
i)
commercial vehicle storage;
j)
office accessory to the operation of any of the principal uses permitted in this zone;
k) retail sales accessory to the operation of any of the principal uses permitted in this zone;
l)
outdoor storage;
m) restaurant; and
n) one caretaker dwelling unit.
10.3.3 CONDITIONS OF USE
a) An accessory office shall not exceed 25% of the gross floor area of the principal uses on
the lot.
10.3.4 REQUIREMENTS FOR SUBDIVISION
a) The minimum lot area for a lot created by subdivision shall be 1 hectare (2.5 acres).
b) The minimum frontage of a lot shall be 20 metres (66ft).
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10.3.5 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
a) Lot coverage, building height and setbacks shall be provided in accordance with the
following Table 17:
Maximum Lot Coverage
No maximum
Maximum Building Height
No maximum
Setback Required from:
Front Lot Line
6 metres (20ft)
Rear Lot Line
3 metres (10ft)
Interior Side Lot Line
3 metres (10ft)
Exterior Side Lot Line
4.5 metres (15ft)
b) Notwithstanding s. 10.3.5(a), where a lot zoned Heavy Industrial (I-3) adjoins or abuts a
lot in an Industrial zone, the rear lot line or interior side lot line setbacks do not apply.
c) Notwithstanding s. 10.3.5(a), where a Heavy Industrial (I-3) zone adjoins or abuts a Rural
or Residential zone, all buildings in the I-3 zone must be setback a minimum of 7.5 metres
(25ft) from the boundary of each lot that adjoins or abuts the Rural or Residential zone.
District of Clearwater | Zoning Bylaw No. 133, 2016
Consolidated for Convenience Only to April 1, 2025
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Part 11.0
PUBLIC ZONES
11.1 PARKS AND RECREATION (P-1) ZONE
11.1.1 PURPOSE
The purpose of this zone is to identify lands currently used or having the potential to be used
for long-term park, recreational, ecological and similar uses, and to protect these lands from
irreversible damage or environmental deterioration.
11.1.2 PERMITTED USES
The following principal uses and no others are permitted:
a) park and recreation use including ski hill;
b) botanical gardens;
c) campground;
d) civic use;
e) golf course;
f)
historic sites, buildings and markers;
g) open land recreation;
h) public market; and
i)
tourist information services.
The following are permitted as accessory uses:
j)
accessory buildings including associated equipment;
k) food concession;
l)
office accessory to the operation of any of the principal uses permitted in this zone; and
m) one caretaker dwelling unit.
11.1.3 CONDITIONS OF USE
A fair shall not exceed 30 days in a calendar year.
11.1.4 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be 350 square metres (3,767 sqft).
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11.1.5 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 18:
Principal Building
Accessory Building
Maximum Lot Coverage
Total 10%
Maximum Building
Height
No maximum
Setback Required from:
Front Lot Line
6 metres (20ft)
6 metres (20ft)
Rear Lot Line
6 metres (20ft)
1.5 metres (5ft)
Interior Side Lot Line
2.4 metres (8ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
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11.2 INSTITUTIONAL (P-2) ZONE
11.2.1 PURPOSE
The purpose of this zone is to designate land that is used for, or otherwise best suited for
institutional uses which serve the governmental, educational, religious, cultural and
recreational needs of the community.
11.2.2 PERMITTED USES
The following principal uses and no others are permitted:
a) assembly use;
b) civic use;
c) senior citizen housing;
d) community care facility;
e) educational institution including preschool;
f)
complex care facility;
g) open land recreation;
h) place of worship;
i)
recreation buildings including, without limiting the generality of the foregoing, arena,
swimming pool, gymnasium and curling rink; and
j)
community sewage lagoons and treatment facilities in the case of Lot 1, Plan KAP24642,
DL 1720, KDYD.
The following are permitted as accessory uses:
k) conference or meeting facilities;
l)
office accessory to the operation of any of the principal uses permitted in this zone;
m) restaurant; and
n) one caretaker dwelling unit.
11.2.3 REQUIREMENTS FOR SUBDIVISION
The minimum lot area for a lot created by subdivision shall be:
a) 1000 square metres (0.25 acres) where the lot is serviced by a community water system
and community sanitary sewer system;
b) 2000 square metres (0.5 acres) where the lot is serviced by a community water system
but no community sanitary sewer system despite that site soil conditions may require a
larger lot area for onsite sewerage; or
c) 1 ha (2.5 acres) where the lot is not serviced by a community water system or community
sanitary sewer system.
District of Clearwater | Zoning Bylaw No. 133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 66 of 67
11.2.4 LOT COVERAGE, BUILDING HEIGHT AND SETBACKS
Lot coverage, building height and setbacks shall be provided in accordance with the following
Table 19:
Principal Building
Accessory Building
Maximum Lot Coverage
No maximum
Maximum Building
Height
No maximum
Setback Required from:
Front Lot Line
6 metres (20ft)
6 metres (20ft)
Rear Lot Line
6 metres (20ft)
1.5 metres (5ft)
Interior Side Lot Line
2.4 metres (8ft)
1.5 metres (5ft)
Exterior Side Lot Line
4.5 metres (15ft)
4.5 metres (15ft)
District of Clearwater | Zoning Bylaw No. 133, 2016
Consolidated for Convenience Only to April 1, 2025
Page 67 of 67
Part 12.0
REPEAL AND SEVERABILITY
12.1
REPEAL
District of Clearwater Zoning Bylaw No. 0940, complete with all of its schedules, maps and
amendments is hereby repealed.
12.2
SEVERABILITY
If any section, subsection, paragraph, clause or phrase of this Bylaw is for any reason held to
be invalid by a court of competent jurisdiction, the invalid portion is severed and the remaining
portions continue to be valid.
Read a first time this 5th day of April, 2016
Read a second time this 19th day of April, 2016
A Public Hearing was held this 11th day of May, 2016
Read a third time this 17th day of May, 2016
Approved by the Ministry of Transportation & Infrastructure this 18th day of May, 2016
Adopted this 7th day of June, 2016
John Harwood, Mayor
Leslie Groulx, Corporate Officer
Leslie Groulx, Corporate Officer
Certified to be a true and correct copy
of Bylaw No.133, 2016 cited as the
"District of Clearwater Zoning Bylaw
No. 133, 2016" adopted by the
Council of the District of Clearwater
on this ___day of ___, 201_.