Zoning Bylaw — full text

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TOWN OF CRESTON BYLAW NO. 1958, 2022 ZONING 3 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 TABLE OF CONTENTS Introduction................................................................................... 4 1. Administration............................................................................... 4 2. Definitions.....................................................................................5 3. General Compliance, Prohibitions and Regulations............................. 16 4. General Use Provisions and Regulations...........................................20 5. Off-Street Parking and Loading......................................................24 6. Screening and Fencing Requirements...............................................29 7. Establishment of Zones.................................................................32 (AG) - Agriculture Zone...........................................................................................33 (R1) - Residential Low Density Zone .....................................................................34 (R2) - Residential Zero Lot Line Zone.....................................................................36 (R3) - Residential Medium Density Zone................................................................37 (R4) - Residential High Density Zone.....................................................................38 (R5) - Residential Rural Zone.................................................................................40 (R6) - Residential Manufactured Home Park Zone ................................................41 (CDC) - Commercial Downtown Core Zone............................................................42 (CG) - Commercial General Zone...........................................................................44 (CHS) - Commercial Highway Service Zone...........................................................45 (CN) - Commercial Neighbourhood Zone...............................................................47 (CDNW) - Northwest Boulevard Comprehensive Development Zone....................48 (IG) - Industrial General Zone.................................................................................50 (IH) - Industrial Heavy Zone....................................................................................52 (CU) - Community Use Zone..................................................................................53 (RC) - Railway Corridor Zone.................................................................................54 8. Adoption .........................................................................................55 Schedules.....................................................................................56 Schedule A - Zoning Map........................................................................................56 Schedule B - Cannabis Buffer Areas Map..............................................................57 Schedule C - CHS Zone Site Specific Residential Use..........................................58 4 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 A Bylaw to regulate the development and re-development of lands within the Town of Creston. WHEREAS the Town of Creston has prepared an Official Community Plan pursuant to Section 472 of the Local Government Act; AND WHEREAS the Town of Creston wishes to give effect to the Official Community Plan and otherwise implement development regulations and requirements, including through the adoption of Land Use regulations; AND WHEREAS the Town of Creston has held a public hearing pursuant to Section 464 of the Local Government Act on the portions of this Bylaw to be enacted that require a public hearing, including pursuant to Part 14 of the Local Government Act and the Community Charter; NOW THEREFORE the Council of the Town of Creston, in open meeting duly assembled, enacts as follows: INTRODUCTION - TOWN OF CRESTON ZONING BYLAW NO. 1958, 2021 1.1 This Bylaw may be cited as "Zoning Bylaw No. 1958, 2022". 1.2 Bylaw No. 1123, being cited as "Zoning Bylaw No. 1123, 1989", and all its amendments are repealed, except Section 5.14 - Floodplain Provisions. 1.3 This Bylaw is applicable to all Land, Buildings, and other Structures including the surface of water within the boundaries of the Town of Creston. 1.4 An officer or employee of the Town authorized to administer this Bylaw may enter any Land, Building or Structure, including any place that is occupied as a private dwelling, to inspect and determine whether the regulations and requirements in this Bylaw are being met, and in the case of a private dwelling, may enter only in accordance with Section 16(5) of the Community Charter. 1.5 All dimensions and other measurements in this Bylaw are expressed in the metric system. 1.6 If any part, section, subsection, clause, sentence or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decisions must not affect the validity of the remaining portions of this Bylaw. 1.7 Penalty for violation of Bylaw 1.7.1 Any person who violates any of the provisions of this Bylaw or prevents, obstructs, or attempts to prevent or obstruct the authorized entry of an officer or employee of the Town authorized to administer this Bylaw, must be deemed to have violated the provisions of this Bylaw. 1.7.2 Every person who violates a provision of this Bylaw, or who consents, allows or permits an action to be done in violation of this Bylaw, or who neglects or refrains from doing anything required by a provision of this Bylaw, is guilty of an offense and is liable, upon summary conviction, to a fine not exceeding $10,000. 1.7.3 Each day during which a violation of this Bylaw is continued constitutes a new and separate offence. 1.0 ADMINISTRATION INTRODUCTION, 1.0 ADMINISTRATION Consolidated to October 14, 2025 5 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 Accessory building: means a permanent or temporary, non-residential Building or Structure customarily associated with and subordinate to the Principal building, Structure or use located on the same Lot upon which it is located. Accessory dwelling unit: means a room or set of rooms that: i. has been designed as a separate Dwelling unit and has been established as a separate Dwelling unit by permit; and, ii. is an Accessory use to the Lot's Principal building, Structure, and use. iii. Where both the Principal building and Accessory dwelling unit constitute a single real estate entity. BL#1986 Attached accessory dwelling unit: means an Accessory dwelling unit that is attached to or located within the Lot's Principal building, but does not include Duplex dwellings. Detached accessory dwelling unit: means an Accessory dwelling unit that is unattached to the Lot's Principal building. May include a Garden suite or Carriage suite. Accessory use: means a permitted non-Principal use that is customarily associated with and subordinate to the existing permitted Principal use. Agriculture: means Farm Use as defined in the Agricultural Land Commission Act of BC, as amended from time to time. Agri-tourism accommodation: is as defined in the Agricultural Land Reserve Use Regulation of BC, as amended from time to time. Animal service: means any supervisory, physical or health care provided to domestic pets and farm animals, including veterinary clinics, animal hospitals and Kennels. 2.0 DEFINITIONS Apartment dwelling: means a Building designed for residential use that is divided into three (3) or more Dwelling units, with a shared or common Building entrance, each of which is occupied or intended to be occupied as a permanent residence of one Family. Assembly use: means the use of a Lot, Building or Structure or portion thereof, dedicated to the gathering of persons for religious, educational, entertainment, philanthropic, or cultural purposes and includes, but is not limited to, churches, libraries, auditoriums, youth centres, halls, schools, and Senior citizen facilities. Auction sales: means land, Buildings and Structures used for the storage and sale of goods by auction. Bed and breakfast: means a Home occupation conducted within a principal Dwelling unit or Accessory dwelling unit, by the residents of the principal Dwelling unit, which provides sleeping accommodations to the traveling public, for periods less than or equal to thirty (30) days, and includes the provision of a morning meal for those persons using the sleeping accommodations. Boarding, rooming or lodging home: means a residential Building, and specifically excludes hotels or motels, or other Tourist accommodation or services, containing two (2) or more sleeping rooms for the accommodation of boarders with meals, for periods greater than thirty (30) days. The preparation of meals within the rented units is prohibited. BL#1986 Building services: means the use of a Lot or Building for sales, repair, storage, or offices in association with a Building services business including plumbing, electrical, heating, cooling, carpentry, and lighting. Building: means a roofed Structure with solid exterior walls which is used or intended to be used as shelter for persons, animals, equipment, or goods and services. Building Official: means a person appointed from time to time by Council as Building Official for the Town of Creston or that appointed person's designate. 2.0: DEFINITIONS 6 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 and ancillary activities as lawfully permitted and authorized under the Cannabis Act of Canada, and regulations enacted thereunder and amended from time to time, including the Cannabis Regulations and the Town's Bylaws. Cannabis operation: means Cannabis analytical testing; Cannabis cultivation, micro; Cannabis cultivation, standard; Cannabis processing, micro; Cannabis processing, standard; Cannabis nursery; Cannabis research; or, Medical marihauna production facility, as defined by this Bylaw. Does not include a Cannabis retail store or Retail medical cannabis sales. Cannabis processing, micro: means the authorized small-scale manufacturing, packaging and labelling of Cannabis products destined for sale to customers and intra-industry sales of those products, including to provincially authorized distributors, as well as ancillary activities as lawfully permitted and authorized under the Cannabis Act of Canada, and regulations enacted thereunder and amended from time to time, including the Cannabis Regulations and the Town's Bylaws. Cannabis processing, standard: means the authorized manufacturing, packaging and labelling of Cannabis products destined for sale to customers and intra-industry sales of those products, including to provincially authorized distributors, as well as ancillary activities as lawfully permitted and authorized under the Cannabis Act of Canada, and regulations enacted thereunder and amended from time to time, including the Cannabis Regulations and the Town's Bylaws. Cannabis product: is as defined in the Cannabis Regulations of Canada as amended from time to time. Cannabis research: means the authorized production of Cannabis for research purposes and authorized and ancillary activities as lawfully permitted and authorized under the Cannabis Act of Canada, and regulations enacted thereunder and amended from time to time, including the Cannabis Regulations and the Town's Bylaws. Cannabis retail store: means a premises where the retail sale of Cannabis is permitted and authorized by possession of a Retail Business or professional office: means a financial, professional, management, administrative, clerical, or consulting service, but excludes Health and medical services, veterinary services, the sale, rental, servicing or repair of goods, and the manufacture or processing of a product. Campground: means the provision of land for accommodating the travelling public who provide their own shelter (i.e. tent or Recreational vehicle). Cannabis: is as defined in the Cannabis Act of Canada as amended from time to time, and includes any Cannabis product. Cannabis analytical testing: means the authorized production and creation of Cannabis products for the purpose of testing, and associated activities as lawfully permitted and authorized under the Cannabis Act of Canada and regulations enacted thereunder and amended from time to time, including the Cannabis Regulations and the Town's Bylaws. Cannabis buffer area: means the area surrounding certain properties within the Town of Creston where certain Cannabis related uses are not permitted, as defined by Schedule B - Cannabis Buffer Areas Map. Cannabis cultivation, micro: means the authorized small-scale growing of Cannabis plants and harvesting material from those plants and ancillary activities as lawfully permitted and authorized under the Cannabis Act of Canada, and regulations enacted thereunder and amended from time to time, including the Cannabis Regulations and the Town's Bylaws. Cannabis cultivation, standard: means the authorized growing of Cannabis plants and harvesting material from those plants and ancillary activities as lawfully permitted and authorized under the Cannabis Act of Canada, and regulations enacted thereunder and amended from time to time, including the Cannabis Regulations and the Town's Bylaws. Cannabis nursery: means the authorized growing of Cannabis plants to produce the starting material (seed and seedlings) 2.0: DEFINITIONS 7 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 cannabis licence issued by the Liquor and Cannabis Regulation Branch of British Columbia. Carriage suite: means a Detached accessory dwelling unit located above an Accessory building. Childcare facility: means a facility providing group childcare, family childcare, child minding, out-of-school care, or specialized childcare in accordance with the provisions of the Community Care and Assisted Living Act, as amended from time to time, or any subsequent Act or Acts which may be enacted in substitution therefor. BL #2023 Community care facility: means the use of a premises operated as a Community care facility by a licensee under the Community Care and Assisted Living Act (British Columbia), as amended from time to time, to provide care to three (3) or more persons not related by blood or marriage to the licensee or, if the licensee is a corporation, to any director, officer or member of the corporation. Community use: means the use of a Building, Structure or Lot, or portion thereof, as a place of gathering, recreation or social activity, and is generally open to the public and designed to accommodate and serve significant segments of the community. Crop-based agriculture: means farming of plants or mushrooms including vineyards, orchards, berries, vegetables, and field crops, but specifically excluding the keeping of farm animals. Custom indoor manufacturing: means small scale, on-site, indoor production of goods by hand, primarily involving the use of hand tools. Typical uses include toy and instrument manufacturing, specialty food and beverage products, artist studios, pottery studios, woodworking, textiles, prototypes and product design, or innovation and incubation spaces. May include accessory retail sales, educational programming and product sampling, but excludes Cannabis products. Dark sky compliant lighting: means lighting designed in accordance with the guidelines of the International Dark-Sky Association, including the use of warmer colour lights and avoidance of light pollution. Duplex dwelling: means a detached Building divided into two (2) Dwelling units, each of which is occupied or intended to be occupied as the permanent residence of one (1) Family, and each of which constitutes a separate real estate entity. Dwelling: means a Building used or intended for use as a Dwelling unit or units for one (1) or more Families. Dwelling unit: means one (1) or more rooms used or intended for residential use by one (1) or more individuals, with cooking, living, sleeping, and sanitary facilities, and specifically excludes Tourist accommodation or services. BL#1977 Family: means one (1) person or a group of persons who through marriage, blood relationship or other circumstances normally live together. Fence: means a physical barrier formed by a wooden, metal, louver, masonry, lattice, or similar materials, or a combination thereof enclosing, bordering, or dividing a parcel of land. BL#1986 Food and beverage service - food primary: means establishments chiefly engaged in preparing meals, snacks and beverages, to customer order, for immediate consumption on and off the premises. Food and beverage service - liquor primary: means licensed establishments chiefly engaged in selling alcoholic beverages, to customer order, for immediate consumption on the premises, with or without a secondary focus of preparing meals and snacks, to customer order, for immediate consumption on and off the premises, including a pub, tavern, cocktail bar, and wine bar. Food processing, storage and sales: means a facility in which raw farm products are combined with other consumable ingredients to produce marketable products for consumption that can be easily prepared and served by the consumer, and where raw farm products may be warehoused 2.0: DEFINITIONS 8 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 prior to being sold either directly to consumers or for wholesale, and the selling of raw farm products either directly to consumers or for wholesale. Frontage: means the length of the Front lot line. For the purposes of the Bylaw, where a Front lot line abuts a cul-de-sac or bulb, the Frontage shall be measured at the Front setback. Garden suite: means a single Storey, Detached accessory dwelling unit which is not located above or adjacent to an Accessory building. BL#1986 Gas station: means a facility for the commercial selling of fuel for vehicles including petroleum products, propane and electricity; includes vehicle washing. Gross floor area: means the total floor area of all Storeys contained within a Building measured to the external face of the exterior walls and excluding the roof. Health and medical services: means physical or mental health care provided on an out-patient basis. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counselling nature. Heavy manufacturing: means the creating, fabricating, processing, production, assembly, or packaging of materials, goods, or products and their distribution, which may generate a detrimental impact, potential health or safety hazard, or nuisance beyond the boundary of the Lot, and may include supplementary warehouse and staging facilities. Height: means the vertical distance between the Finished grade - average and the highest point of a Building or Structure. Where a Building or Structure has a sloped roof, the midpoint of the roof is considered the highest point (see Fig. 2.1). Finished grade: means the grade on a Lot after construction, taking into account any proposed changes to natural grade including any addition of fill or removal of soil, but excluding localized depressions. 2.0: DEFINITIONS Fig. 2.1: Height Fig. 2.2: Finished grade - average Finished grade - average: means the average elevation of the Finished grade around the perimeter of a Building or Structure, measured at all major outer exterior corners of the Building. The Height of a Rowhouse or Townhouse shall be measured from the highest point of each unit to the finished grade - average of each unit (see Fig. 2.2). BL #2007 BL #2007 9 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 Home occupation: means an occupation or profession carried out in a Dwelling unit, or a Building accessory to a Dwelling unit, by a permanent resident of the Dwelling unit. Hen: means a female chicken. BL #1961 Indoor recreation or entertainment: means the use of Buildings or Structures, for recreation, amusement or entertainment, and includes billiard halls, bowling alleys, arcades, fitness centres, sport facilities, theatres, cinemas, auditoria, concert halls, art galleries, and studios. Institutional: means Community use. Kennel: means the use of a Lot on which three (3) or more dogs or cats are trained, bred or boarded, either for remuneration or for the purpose of sale, as part of a commercial business. Light manufacturing: means the creating, fabricating, processing, production, assembly, or packaging of materials, goods or products and their distribution, which does not generate any detrimental impact, potential health or safety hazard or nuisance factors beyond the boundary of the Lot. Liquor manufacturing, major: means the manufacturing of alcoholic beverages or alcohol products with alcohol content exceeding one (1) percent by volume. This product must be licenced under the Liquor Control and Licensing Act, as amended from time to time. Liquor manufacturing, minor: means the manufacturing of alcoholic beverages or alcohol products with alcohol content exceeding one (1) percent by volume. This product must be licenced under the Liquor Control and Licensing Act, as amended from time to time. All processes, functions and mechanical equipment associated with the use must be contained indoors. The total area for production must be limited to a maximum Gross floor area of 464.0 sq. m. Lot: means an area of land, designated and registered at the Land Title Office as not more than one (1) parcel of land, and if a parcel of land is divided by a highway or another lot, each division thereof constituting a single area of land shall be deemed to be a separate lot, and includes a strata lot in a bare land strata plan but does not include any other strata lot or an air space parcel. Lot coverage: means the horizontal area of all Buildings, Structures and outdoor covered areas on a Lot, expressed as a percentage of the Lot area. Lot line: means the boundary of a Lot. Front lot line: means: 1. a Lot line marking the boundary between a Lot and a Public street on which it abuts; 2. where a Lot has Lot lines abutting two (2) or more intersecting Public streets, the shortest Lot line is deemed to be the Front lot line; 3. where a Lot abuts two (2) parallel or nearly parallel Public streets, and access is possible from each, the Front lot line shall be the Lot line common to the civic address of the Lot; 4. where a Lot abuts two (2) parallel or nearly parallel Public streets, and access is only possible or permitted from one, the Lot line abutting the street from which access is possible and permitted is deemed to be the Front lot line; 5. where there is no abutting Public street, the Lot line abutting the Public lane is deemed to be the Front lot line; or, 6. where a Lot is a Panhandle lot, the Front lot line is the Lot line marking the boundary between the Lot and the Public street on which it abuts, and also includes the Lot line located closest to the Public street that also serves as the Rear lot line of the Lot in front of it. Rear lot line: means: 1. a Lot line, or Lot lines, opposite to and not intersecting the Front lot line; or, 2. where a Lot has three (3) Lot lines (i.e. a triangular Lot), the point at which the two (2) side Lot lines intersect, is deemed to be the Rear lot line. 2.0: DEFINITIONS 10 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 Interior side lot line: means a Lot line, that is not a Rear lot line, that marks the boundary between two (2) Lots. Exterior side lot line: means a Lot line, that is not a Front or Rear lot line, that marks the boundary between a Lot and a Public street or Public lane. Market garden: means a garden from which produce will be sold at a farmers' market or other venue, including a temporary seasonal front yard stand which does not exceed 5.0 sq. m. in area. Manufactured home: means a single-wide or double-wide home, constructed in a factory to CSA Z240MH standards, transported on its own chassis and placed on a permanent foundation complying with the BC Building Code, or on a temporary foundation complying with "CSA Z240.10.1 Site Preparation, Foundation, and Anchoring of Manufactured Homes". Manufacture home space: means an area of land used or intended to be used for the installation of one (1) Manufactured home. Medical marihuana production facility: means the use of Buildings or other Structures for the purpose of growing, processing, packaging, testing, destroying, storing or shipping of marihuana for medical purposes as lawfully permitted and authorized under the Access to Cannabis for Medical Purposes Regulations of Canada, Cannabis Act of Canada and any regulations thereunder, and as amended from time to time, and the Town's Bylaws. Mixed-use: Means the combination of one (1) or more Dwelling units and one (1) or more non-residential permitted uses contained within the same building, where the residential use is located above or behind the non- residential use. Where mixed-use occurs in the Commercial - Neighbourhood Zone, the residential may be located above, behind, or below the non- residential use. BL#1980 Mobile food vendor: means an independently operated vehicle or mobile food apparatus that does not require a building permit, for the purpose of providing prepared food or beverages, in an outdoor setting to passers by. Mobile home: means a Manufactured home. Mobile retail vendor: means an independently operated vehicle or mobile vending apparatus that does not require a building permit, for the purpose of retailing goods in an outdoor setting to passers by. Modular home: means a home constructed in a factory to CSA A277 standards, complying with the BC Building Code, transported to a building site on a flat-deck trailer and placed on a permanent foundation. For the purposes of this bylaw, a Modular home is considered a Single family dwelling. BL#1986 Multi-family dwelling: means a Building consisting of three (3) or more Dwelling units, each of which has an individual entrance to the outdoors and each of which is occupied or intended to be occupied as the permanent residence of one (1) Family. This includes Townhouses, Rowhouses, triplexes, and fourplexes. Neighbourhood grocery store: The use of a premises in a residential neighbourhood for the primary purpose of selling groceries and convenience goods, and may include selling and serving prepared food and beverages for consumption on or off the premises, but does not include the sale of beer, wine, spirits, or other products that are intended for human consumption, containing more than one (1) percent alcohol by volume. Off-street loading area: means an area designed for the loading and unloading of goods from motor vehicles located on the same Lot as the Building, Structure or use that requires an Off-street loading area. Off-street loading space: means a space within an Off-street loading area for the loading and unloading of goods from motor vehicles, excluding driveways, ramps, columns, offices, and work areas. Off-street parking area: 2.0: DEFINITIONS 11 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 2.0: DEFINITIONS means an area designed for the parking of motor vehicles within, beneath, adjacent to, or separate from a Building located on the same Lot as the Building, Structure or use that requires an Off-street parking area and may include, but is not limited to, garages, driveways, parking pads, surface parking lots. Off-street parking space: means a space within an Off-street parking area for the parking of one vehicle, excluding driveways, ramps, columns, offices, and work areas. Outdoor recreation or entertainment: means Buildings, Structures or Lot that are available to the public for sports and active recreation, or entertainment, conducted outdoors. Typical uses include sports fields, outdoor tennis courts, athletic fields, bowling greens, horseshoe pits, skateboard parks, playgrounds, volleyball courts, outdoor concert venues, and includes Accessory uses such as park maintenance, washrooms and service facilities. Panhandle lot: means a Lot which includes a strip of land, or panhandle, with a width less than the Minimum Lot Frontage specified for the Zone, to provide principal vehicle access from a street to the developable area of a Lot (see Fig. 2.3). BL#1986 Personal property: means material goods owned, used and maintained by an individual, or individuals, and does not include merchandise which was obtained on consignment. Personal services: means the provision of personal goods or services to persons involving the health, beauty or grooming of a person. Such services include, but are not limited to, barber shops, beauty salons, tailor shops, laundry, dry cleaning, tattoo parlour, piercing parlour, watch repair, and shoe repair shops. Pocket Neighbourhood: means a residential development with a minimum of three (3) small footprint Dwelling Units, each with a maximum Gross Floor Area of 112 sq. m., where the Dwellings are clustered around a shared outdoor common space. Principal building: means one (1) or more Building(s) which occupy the major or central portion of a Lot, is the chief or main Building(s) on a Lot, or constitutes the primary purpose for which the Lot is used. Principal residence: means the Dwelling unit in which a person usually lives and conducts daily affairs. A person can only have one Principal residence. BL#1977 Principal use: means the primary purpose for which land, Buildings or Structures are used. Printing or publishing: means the publishing, printing or binding of newspapers, magazines, periodicals, books, almanacs, maps, guidelines, pamphlets, flyers, signs, or similar matter. Provincial highway: means Highway 3, Highway 3A, Highway 21, or Erickson Road, for the purposes of this Bylaw. Public lane: means a public lane, alley or other thoroughfare which affords a secondary means of vehicular access to a Lot, at the side or rear, and is governed by the rules and regulations of the Town of Creston or the Province of British Columbia. Public street: means a Public street, Provincial highway or other thoroughfare intended for vehicular use and governed by the rules and regulations of the Town of Creston or the Province of British of Columbia. Public service use: means a system, work, Building, plant, or equipment owned or operated by a government, a government agency or by a company regulated by a government commission for the essential provision of water, sewer, drainage, natural gas, electricity, fire and emergency services, or communication services. Recreational vehicle: means a vehicle intended as temporary accommodation for travel, vacation or recreational use and includes travel trailers, motor homes, slide-in campers, chassis-mounted campers, and tent trailers. Retail cannabis licence: means a licence issued by the Liquor and Cannabis Regulation Branch of British Columbia, to a person, business or government as lawfully permitted and 12 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 Front setback Exterior side setback Rear setback Interior side setback Buildable space Fig. 2.3: Lot types and Setback locations 2.0: DEFINITIONS 13 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 2.0: DEFINITIONS authorized under the Cannabis Act of Canada and regulations enacted thereunder and as amended from time to time, including the Cannabis Act of Canada, and the Cannabis Control and Licensing Act of British Columbia and Cannabis Distribution Act of British Columbia and the respective regulations thereunder as enacted, and as amended from time to time, and which complies with a business license issued under the Town's Business Licence and all other Town Bylaws. Retail medical cannabis sales: means the sale of Cannabis products by a person, business or government in possession of a licence for sale for medical purposes permitted and authorized under the Cannabis Act of Canada and regulations enacted thereunder, and as amended from time to time, and which complies with a business license issued under the Town's Business Licence and all other Town Bylaws. Retail: means the use of a Building to sell or rent merchandise to a consumer who buys or rents the merchandise for personal consumption or use and not for further sale or rent. Includes storage of limited quantities of merchandise, but does not include Cannabis retail stores. Rowhouse: means a Multi-family dwelling consisting of three (3) or more attached side-by-side Dwelling units configured in a row, connected by common sidewalls, with none of the dwellings placed over another dwelling in whole or in part. Screen: means a visual barrier formed by a Fence, hedge, trellis, or combination thereof. BL#1986 Secondary suite: means an Attached accessory dwelling unit, which must be contained within the Lot's Principal building. Senior citizen facility: means a Building providing the short or long-term care of elderly people which may include the provision of meals or nursing care and supervision, and includes rest homes, assisted living, activity centres, and congregate care facilities. Setback: means the minimum distance between a Structure, or permitted use, or other features, and a specified Lot line. Front setback: means the minimum distance between a Structure, or permitted use and the Front lot line. Rear setback: means the minimum distance between a Structure, or permitted use and the Rear lot line. Interior side setback: means the minimum distance between a Structure, or permitted use and the Interior side lot line. Exterior side setback: means the minimum distance between a Structure, or permitted use and the Exterior side lot line. Shipping container: means a prefabricated container designed, constructed and used for the transportation of goods by rail, ship or truck, whether or not it is intended to be used for this purpose. Short term rental: means the rental of a Dwelling unit, or portion thereof, to short-term paying guests for periods not exceeding thirty (30) days. Single family dwelling: means a detached Building consisting of one (1) Dwelling unit which is occupied, or intended to be occupied, as the permanent residence of one (1) Family, including a Modular home, but specifically excluding a Manufactured home or Recreational vehicle. Social services: means the provision of information, referrals, counselling, advocacy, services, dispensing aid in the nature of food or clothing, or providing drop-in activity space. 14 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 2.0: DEFINITIONS Storey: means the portion of a Building which lies between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, means the space between the surface of the floor and the underside of the ceiling above it, but does not include non-usable areas or a basement. Structure: means any construction fixed to, placed onto, supported by, or sunk into land or water other than a Fence, including fabric, plastic, glass, or aluminum temporary structures, but does not include asphalt or concrete surfacing (i.e. driveways, patios, walkways). Thrift store: means a Retail store operated by a non-profit society which primarily sells donated used merchandise. Tourist accommodation - ALR: means Tourist Accommodation as defined in the Agricultural Land Reserve Use Regulation of BC, as amended from time to time. Tourist accommodation or services: means temporary lodging for the travelling public and includes hotels, motels, hostels, tourist information Buildings, outdoor gear rentals, and tour companies, but does not include Short term rentals. Towing service: means an establishment that provides for the removal and temporary storage of disabled vehicles. Town: means the Town of Creston. Townhouse: means a Multi-family dwelling of at least two (2) Buildings connected by a common sidewall, where each Building is a minimum of two (2) Storeys, and where each Storey contains an individual Dwelling unit occupied or intended to be occupied as the permanent residence of one (1) Family. BL#1986 Transportation services: means the use of a Lot, Building or Structure for the provision of ground transportation services including truck terminals, semi-trailer storage, taxi dispatch offices, passenger transport facilities, and public transit facilities. Usable common open space: means a usable, landscaped space designed for recreational, leisure and social purposes and is intended for the private use of the people who normally reside in the development and their guests. Usable common open space may include courtyards, patios, gazebos, gardens with pathways, children's play areas, and other multi-purpose recreational or green spaces. Usable private open space: means a usable, private outdoor space intended for the private use of the people who normally reside in the Dwelling unit and their guests. Usable private open space may include yards, patios, gardens, balconies, or other similar space. Vehicle sales, service or repair: means an establishment where a person may purchase, rent, have repaired, or have serviced, new or used automobiles, trucks, motorcycles, heavy equipment, farm equipment, boats, or Recreational vehicles. Warehousing or wholesale: means the use of a Lot, Building or Structure for the storage, freight handling, packing and crating, cold storage, shipping, or sorting of goods, including wholesale sale of goods to retail dealers, wholesale dealers, contractors, or manufacturers for resale or use in their business. Yard sale: means any general retailing to the public of Personal property from a residential premise and includes, but is not limited to, all sales entitled garage, lawn, attic, porch, driveway, backyard, patio, flea, market, or rummage sale. Zone: means the areas into which the Town is divided in accordance with the maps attached as Schedule 'A' of this Bylaw and for which specific regulations are outlined herein for each area. 15 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 2.0: DEFINITIONS 16 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 3.1 General Compliance 3.1.1 No person will use, occupy or permit any person to use or occupy any land, Building or Structure in contravention of this Bylaw. 3.1.2 Nothing contained in this Bylaw will relieve any person from the responsibility to seek and comply with other legislation applicable to that use, activity or other matter regulated under this Bylaw. 3.1.3 Every use of land, Building or Structure permitted in each Zone must conform to all the regulations of the applicable Zone and all other regulations in this Bylaw. 3.2 General prohibitions 3.2.1 Any land, Building or Structure must not be constructed, altered, located, or used, except in conformity with this Bylaw. 3.2.2 No Building or Structure may be placed, constructed, erected, moved, sited, altered, or enlarged: i. Except in conformity with this Bylaw; or, ii. So as to cause any existing Building or Structure on the same Lot to violate the provisions of this Bylaw. 3.2.3 No subdivision may be approved: i. Except in conformity with this Bylaw; or, ii. So as to cause any existing Building or Structure on the same Lot to violate the provisions of this Bylaw. 3.3 Permitted and prohibited uses 3.3.1 No land, Building or Structure may be used for any use other than those specifically listed under the headings "Principal uses" or "Accessory uses" in the Zone in which the land, Building or Structure is located, and no Building or Structure may be placed, constructed, sunk into, erected, moved, sited, 3.0 GENERAL COMPLIANCE, PROHIBITIONS AND REGULATIONS altered, or enlarged for any use other than uses specifically permitted in that Zone. 3.3.2 A use listed under "Accessory uses" is only permitted if a use listed under the "Principal uses" is lawfully established and ongoing in accordance with the general regulations applicable to the use, as identified in this Bylaw. 3.3.3 Where a Residential Zone includes a "Minimum Lot Area", "Minimum Lot Frontage", "Minimum Lot Width", then a Lot that does not satisfy all minimum requirements for the regulated use may not be used for that use, unless the Lot was created prior to the adoption of this Bylaw. 3.3.4 A use not specifically permitted in a Zone is prohibited from that Zone. 3.3.5 A use not specifically permitted in this Bylaw is prohibited from the Town. 3.3.6 The use of a tent or Recreational vehicle as a residence is prohibited in all Zones, except: i. Where a Recreational vehicle is located in a permitted Campground in conformance with Campground Bylaw No. 1149, 1990, as amended from time to time. 3.3.7 The use or installation of a Manufactured home (CSA Z240 MH standard) is prohibited in all Zones except Manufactured Home Park Zone (R6). 3.3.8 The use or installation of a park model trailer (CSA Z241 standard) is prohibited in all Zones. 3.3.9 Notwithstanding the other regulations of this section, the following uses are permitted in all Zones: BL #2023 i. parks, playgrounds, trails, public recreation facilities, and open space conservation areas; ii. Public service uses; iii. community garden; iv. roads and lanes accessory to the Principal use; and 3.0: GENERAL COMPLIANCE, PROHIBITIONS AND REGULATIONS 17 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 v. Childcare facility. 3.3.10 Additional provisions regarding permitted and prohibited uses are found in Part 4 of this Bylaw. 3.4 Density regulations 3.4.1 Where a Zone includes a "Maximum Density" regulation, no subdivision or development will be approved if the calculated density is greater than the value specified. 3.4.2 Where a Lot includes a panhandle, the panhandle area is not included in the allowable density calculation. BL#1986 3.5 Setbacks, siting and location of uses, Buildings and other Structures 3.5.1 Where a Zone includes a regulation entitled "Minimum Setbacks", no Building or Structure may be placed, constructed, sunk into, erected, moved, sited, altered, or enlarged nearer to the Lot line than the distance specified for the Zone in which the Building or Structure is located, and for certainty: i. Setbacks may vary according to any combination of use, Building, Structure or location within a Zone or adjacent Zone, or by Lot dimensions, or to a specific Public street, and the provisions of this Bylaw must be interpreted accordingly. ii. Any portion of a Building or Structure located below grade is subject to all Setbacks for the Zone in which the Building or Structure is located. 3.5.2 Except in the Commercial - Downtown Core (CDC) Zone, no Fence, wall or Structure, Screen, or landscaping, other than a permitted Principal building or Accessory building shall be erected to a Height greater than 1.1 metres so as to obstruct vision clearance in the area bounded by: i. The intersecting Lot lines at a street corner and a line joining points along said Lot lines 4.0 metres from their point of intersection (see Fig. 3.1). ii. The intersecting Lot lines at a lane corner and a line joining points along said Lot lines 3.0 metres from their point of intersection. A lane intersection shall include the intersection of a lane with any other lane or with a Public street. BL#1986 3.5.3 Notwithstanding Subsection 3.5.1 and 3.5.2, the following projections into the Setback are permitted despite minimum Setback requirements: i. The Interior side setback requirements of this Bylaw do not apply where there is a common wall shared by two (2) or more Dwelling units. ii. Any Accessory building or Structure having an area of less than 10.0 sq. m. on a Lot is exempt from the Interior side and Rear setback requirements as established by this Bylaw. iii. Roof overhang, sills, cornices, and eaves are permitted to project into the Setback to a maximum of 1.0 metre. iv. Balconies of Multi-family dwellings and Apartment dwellings are permitted to project into the Setback to a maximum of 1.0 metre. v. Uncovered steps and wheelchair ramps are Figure 3.1 The intersecting Lot lines at a street corner and a line joining points along said Lot lines 4.0 metres from their point of intersection. 3.0: GENERAL COMPLIANCE, PROHIBITIONS AND REGULATIONS 18 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 permitted to project into the Setback to a maximum of 2.0 metres. vi. Uncovered decks are permitted to project into the Front setback and Rear setback a maximum of 2.0 metres. vii. In no case shall uncovered steps, wheelchair ramps, or uncovered decks be located closer than 1 metre from any property line. BL#1986 3.5.4 Notwithstanding any other Setback provision of this Bylaw, no construction shall occur within 3.0 metres of the Lot lines abutting the following: i. on either side of 16th Avenue South from Erickson Road to Cook Street; ii. on either side of 16th Avenue North, except Lots that abut Canyon Street; iii. on 12th Avenue North between Canyon Street and Vancouver Street, except Lots that abut Canyon Street; iv. on 14th Avenue North between Canyon Street and Vancouver Street, except Lots that abut Canyon Street; and, v. the west side of the Canadian Pacific Railway corridor between Collis Street and Devon Street (for park and walkway purposes). 3.5.5 Where swimming pools are permitted, they shall not be sited less than 1.5 metres from any Lot line. 3.6 Number, size and dimensions of uses, Buildings and other Structures 3.6.1 Where a Zone includes a regulation entitled "Maximum Lot coverage" the total area of the Lot covered by all Buildings and Structures on the Lot must not exceed the percentage specified for that Zone. 3.6.2 Where a Lot includes a panhandle, the panhandle area is not included in the Lot coverage calculation. BL#1986 3.6.3 Where a Zone includes a regulation entitled "Maximum Height", no Building or Structure may be placed, constructed, erected, moved, sited, altered, or enlarged in a manner that exceeds the Height specified for the Zone in which the Building or Structure is located. 3.6.3.1 "Maximum Height" in a Zone may vary according to the use of the Building or Structure, as specified in the Zone. 3.6.4 Notwithstanding Subsection 3.6.2, the following Structures are not subject to "Maximum Height" requirements: i. windmills, silos, grain elevators, television or radio antennas, or cellular towers; and, ii. chimneys, bell towers, spires, or other non- occupied architectural features occupying less than seven (7) percent of the Lot area. 3.6.5 Where a Lot includes a panhandle, no Structures are permitted in the panhandle area. BL#1986 3.7 Subdivision of Lots 3.7.1 Where a Zone includes a regulation entitled "Minimum Lot Area", no Lot may be created by subdivision that has an area less than the figure specified for the Zone in which the Lot is located. 3.7.1.1 "Minimum Lot Area" in a Zone may vary according to the use of the Building or Structure, as specified in the Zone. 3.7.2 Notwithstanding Subsection 3.7.1, "Minimum Lot Area" provisions of this Bylaw do not apply when the Lot is used for an uninhabited Building necessary for the operation of: i. a community water system; ii. a community sewer system; iii. a community gas distribution system; iv. a cell, radio, television or broadcasting antenna; v. a telecommunication relay station; vi. an air or marine navigational aid; vii. an electrical substation or emergency power generating station; or, viii. a park or playground. 3.7.3 Where a Zone includes a regulation entitled "Minimum Lot Frontage", no Lot may be created by subdivision that has a Frontage 3.0: GENERAL COMPLIANCE, PROHIBITIONS AND REGULATIONS 19 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 less than the figure specified in the Zone. 3.7.3.1 "Minimum Lot Frontage" in a Zone may vary according to the use of the Building or Structure, as specified in the Zone. 3.7.4 No Lot may be created by subdivision where its primary access would be from a Public lane. 3.0: GENERAL COMPLIANCE, PROHIBITIONS AND REGULATIONS 20 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 4.1 Temporary Use Permits 4.1.1 Temporary Use Permits, issued in accordance with British Columbia Local Government Act, Division 8, will adhere to the following general conditions: i. Uses must be clearly temporary or seasonal in nature. ii. Permit holders must undertake appropriate remedial and preventative measures to mitigate any damage to the natural environment as a result of the temporary use upon expiration of the permit. iii. Applications for Temporary Use Permits for a Lot that fronts onto a Provincial highway must be reviewed and approved by the Ministry of Transportation and Infrastructure. 4.1.2 Applications for Temporary Use Permits will be considered in the following Zones: i. Commercial - Downtown Core (CDC); ii. Commercial - General (CG); iii. Commercial - Highway Service (CHS); iv. Commercial - Neighbourhood (CN); v. Northwest Boulevard Comprehensive Development (CDNW); vi. Industrial - General (IG); and, vii. Industrial - Heavy (IH). viii. Community Use (CU). BL#1986 4.1.3 Temporary Use Permits may be considered in other Zones for the purpose of holding short- term, maximum four (4) day events, such as public or private assemblies. 4.1.4 Any Buildings or Structures related to the permitted temporary uses are required to comply with the zoning regulations for that Zone and the BC Building Code regulations. 4.2 Home occupations 4.2.1 A Home occupation use, where permitted in a Zone of this Bylaw, must: i. not change the character of the Dwelling 4.0 GENERAL USE PROVISIONS AND REGULATIONS unit, Lot or the neighbourhood in which it is located; ii. not give any exterior indication of its existence except by one (1) sign which conforms to the provisions of the Town of Creston Sign Bylaw, as amended or replaced from time to time; iii. be enclosed either within the Principal building or Structure, or within an Accessory building, or both, including the storage or display of materials or finished goods; iv. be accessory in nature to the Principal use of the property as indicated by its Zoning designation; v. not involve frequent or regular delivery of materials by a commercial vehicle; vi. not discharge or emit odorous, noxious or toxic matter or vapours, heat, glare, noise, radiation, or ground vibrations; and, vii. not result in traffic congestion, electrical interference, fire hazard, or other hazards. 4.2.2 The following uses are not permitted as Home occupations: i. salvage, repair, maintenance or sales of motor vehicles, Recreational vehicles or parts; ii. trucking, hauling or touring; iii. welding or steel fabrication; iv. Light or Heavy manufacturing; or, v. Cannabis retail store, Cannabis operation, or Retail medical cannabis sales. 4.2.3 A Home occupation involving the sale of a commodity or goods not produced on the Lot is not permitted. 4.2.4 A Home occupation must meet the specifications set out in Table 4.1 pertaining to the maximum floor area of Buildings and Structures in which the Home occupation must be contained. 4.2.5 A Home occupation must meet the specifications set out in Table 4.1 pertaining to the maximum number of employees (excluding those that reside in the Dwelling unit) that can be retained by the owner of the Home occupation. 4.0: GENERAL USE PROVISIONS AND REGULATIONS 21 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 4.2.6 Except as specifically set out in Table 4.1, the Home occupation is to be conducted only by the resident or residents of the Dwelling unit. 4.2.7 There is no limit to the number of persons employed by a Home occupation where such employees do not conduct their work on the Lot. 4.2.8 A Bed and breakfast operation is permitted as a Home occupation use, provided that: i. it is located within a Single family dwelling or Accessory dwelling unit; ii. no more than four (4) adults shall be accommodated within the Bed and breakfast operation; iii. no cooking facilities shall be provided within the bedrooms intended for the Bed and breakfast operation; iv. only persons residing in the principal Dwelling unit may carry on the Bed and breakfast operation on the Lot occupied by the principal Dwelling unit and must be present on the property during a patron's stay; and, v. one (1) additional on-site parking space per guest room is required in addition to those required for the principal Dwelling unit. 4.3 Yard sales 4.3.1 Yard sales are permitted in the following Zones: i. Residential - Low Density (R1); ii. Residential - Zero Lot line (R2); iii. Residential - Medium Density (R3); iv. Residential - Rural (R5); v. Residential - Manufactured Home Park (R6); vi. Commercial - Highway Service (CHS), only on Lots with a permitted Dwelling; and, vii. Northwest Boulevard Comprehensive Development (CDNW), only on Lots with a permitted Dwelling. 4.3.2 No individual will sell or offer for sale property other than Personal property. 4.3.3 A maximum of four (4) Yard sales are permitted per calendar year per Lot, with each sale not to exceed eight (8) hours in duration. 4.3.4 Yard sale activity is only permitted between the hours of 7 a.m. and 9 p.m. 4.0: GENERAL USE PROVISIONS AND REGULATIONS Zone Maximum Floor Area Maximum # of Employees Agricultural Land Reserve (AG) 185.5 sq. m. 3 Residential - Low Density (R1) the lesser of 60 sq. m. or 25% of Dwelling unit 1 Residential - Zero Lot line (R2) 20% of Dwelling unit 0 Residential - Medium Density (R3) 20% of Dwelling unit 0 Residential - High Density (R4) 10% of Dwelling unit 0 Residential - Rural (R5) 112.0 sq. m. 2 Residential - Manufactured Home Park (R6) 10% of Dwelling unit 0 Commercial - Downtown Core (CDC) 10% of Dwelling unit 0 Commercial - General (CG) 10% of Dwelling unit 0 Commercial - Highway Service (CHS) 10% of Dwelling unit 0 Commercial - Neighbourhood (CN) 10% of Dwelling unit 0 Northwest Boulevard Comprehensive Development (CDNW) 10% of Dwelling unit 1 Industrial - General (IG) 10% of Dwelling unit 0 Community Use (CU) 10% of Dwelling unit 0 Table 4.1: Maximum Floor Area and Maximum Number of Non-Residential Employees for a Home occupation 22 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 4.3.5 A maximum of four (4) signs advertising the sale are permitted off the Lot on which the sale is to occur. 4.3.6 The maximum size of advertising signage is 0.25 square metres. 4.3.7 Advertising signage must be removed immediately after the sale is concluded. 4.4 Shipping containers 4.4.1 Where permitted for storage purposes, a Shipping container is considered an Accessory building which must: i. only be used for storage purposes; ii. adhere to Town of Creston Building Bylaw requirements as amended from time to time, and all enactments applicable to electrical and fire safety; iii. not be used for the housing of animals, storage of refuse, contaminated, or hazardous material; iv. not be used as fencing, screening or for advertising; v. not be stacked; vi. not occupy required Off-Street Parking and Loading spaces or interfere with the circulation of vehicle or pedestrians; vii. not exceed 2.5 metres in width, 2.6 metres in height and 6.1 metres in length in Commercial and Residential Zones; viii. not exceed 2.5 metres in width, 2.6 metres in height and 12.2 metres in length in Industrial Zones; ix. where permitted in Residential Zones, Commercial Downtown Core, Commercial General, Commercial Neighbourhood Zones, be painted or clad in a colour and material which are complementary to the Principal building; and, BL#1986 x. not be located between the Principal building on a Lot and the Front lot line. 4.4.2 No more than one (1) Shipping container for use as an Accessory building is permitted within any Zone, excluding the Commercial - Highway Service (CHS), Industrial - General (IG), or Industrial - Heavy (IH) Zones. BL#1986 4.4.3 The placement of Shipping containers is subject to all zoning regulations; in development permit areas, development permit guidelines apply. 4.4.3.1 Notwithstanding Subsection 4.4.3, Shipping containers used as temporary storage for building materials or construction equipment are exempt from zoning regulations during the construction period, provided all required building and development permits have been obtained. 4.5 Attached accessory dwelling units 4.5.1 The following regulations apply to Attached accessory dwelling units where permitted as a use in this Bylaw: i. An Attached accessory dwelling unit may only be located in a principal Single family dwelling. ii. The maximum floor area of an Attached accessory dwelling unit shall not exceed the lesser of 75.0 sq. m. or 40 percent of the Gross floor area of the principal Dwelling. iii. One (1) additional on-site parking space per Attached accessory dwelling unit is required in addition to those required for the principal Dwelling unit. iv. Usable private open space shall be provided for each Attached accessory dwelling unit on a Lot. 4.6 Detached accessory dwelling units 4.6.1 The following regulations apply to Detached accessory dwelling units where permitted as a use in this Bylaw: i. The maximum floor area of a Detached accessory dwelling unit shall not exceed the lesser of 75.0 sq. m. or 60 percent of the Gross floor area of the principal Dwelling. ii. The minimum separation between a principal Dwelling unit and a Detached accessory dwelling unit shall be 3.0 metres. iii. One (1) additional on-site parking space per Detached accessory dwelling unit is required in addition to those required for the principal Dwelling unit. 4.0: GENERAL USE PROVISIONS AND REGULATIONS 23 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 iv. Usable private open space shall be provided for each Detached accessory dwelling unit on a Lot. 4.7 Cannabis Provisions 4.7.1 No primary public entry to a Cannabis retail store or Cannabis operation use shall be located within 150.0 metres of a Lot line of a public school, including but not limited to the following (see Schedule B): i. Adam Robertson Elementary School (421 - 9th Avenue North); ii. Kootenay River Secondary School (225 - 18th Avenue South); and, iii. Creston Education Centre (617 - 11th Avenue South). 4.7.2 No primary public entry to a Cannabis retail store or Cannabis operation use shall be located within 150.0 metres of a Lot line of the following public spaces (see Schedule B) i. Schikurski Park (1400 Regina Street); ii. Centennial Park (905 Birch Street); iii. Creston and District Community Complex (312 - 19th Avenue North); iv. Burns Park (2403 Elm Street); v. Millennium Park (401 - 16th Avenue South); and, vi. Dodd's Creek Park (330 - 11th Avenue South). 4.7.3 Any Cannabis operation must be completely enclosed. 4.8 Hens 4.8.1 Despite any other provisions of this Bylaw, Hens are permitted in accordance with the provisions of Animal Care and Responsibility Bylaw No. 1826, 2015. BL #1961 4.0: GENERAL USE PROVISIONS AND REGULATIONS 4.9 Short Term Rentals 4.9.1 A Short term rental, where permitted in a Zone of this Bylw, must: i. not change the character of the Dwelling unit, Lot or the neighbourhood in which it is located; ii. not give any exterior indication of its existence except by one (1) sign which conforms to the provisions of the Town of Creston Sign Bylaw, as amended or replaced from time to time; iii. be accessory in nature to the Principal use of the property as indicated by its Zoning designation; iv. not involve frequent or regular delivery of materials by a commercial vehicle; v. not discharge or emit odorous, noxious or toxic matter or vapours, heat, glare, noise, radiation, or ground vibrations; and, vi. not result in traffic congestion, electrical interference, fire hazard, or other hazards. BL#1977 4.9.2 A Short term rental is to be conducted: i. only in the Principal residence where the operator of the Short term rental resides for a longer period of time in a calendar year than any other place; and, BL#2027 ii. notwithstanding 4.9.2 (i), where an operator has one or more Attached accessory dwelling units within a Principal building that also contains the operator's Principal residence, a maximum of one Attached accessory dwelling unit may be used as a Short term rental for 12 months per year. BL#1977 24 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 Space and facilities for Off-street parking and loading in respect to a Building, Structure or use under this Bylaw will be designed, provided and maintained in accordance with the regulations of this Part. 5.1 General Provisions - Parking Spaces 5.1.1 In respect of a use permitted under this Bylaw, but that is not specifically referred to in Table 5.1: Parking Specifications, the number of Off-street parking and loading spaces must be calculated based on the specifications for a similar Building, Structure or use that is listed. 5.1.2 Where the calculation of the required Off- street parking and loading spaces results in a fraction, the required number of parking spaces shall be equal to the nearest whole number. 5.1.3 Where more than one (1) Building, Structure or use is located on the same Lot, the total number of required Off-street parking or loading spaces must be the sum of the requirements for each Building, Structure and use. 5.1.3.1 Notwithstanding Section 5.1.3, in the case of nonconcurrent uses, the total number of required Off-street parking or loading spaces shall be equal to the requirements of the use or concurrent uses with the greater Off-street parking and loading space requirements. 5.1.4 Each Off-street parking and loading space must have access to a Public street or Public lane. 5.1.5 Off-street parking spaces must not be utilized as Off-street loading spaces. 5.1.6 Off-street loading spaces must not be utilized as Off-street parking spaces. BL#1986 5.1.7 For every fourteen (14) required Off-street parking spaces provided on site, one (1) on- street parking space may be credited towards total required Off-street parking spaces, 5.0: OFF-STREET PARKING AND LOADING provided that the on-street parking space is located adjacent to the Lot line of that property (see Fig. 5.1). 5.1.8 For all Parking areas and Structures, accessible Parking spaces must be provided in accordance with the British Columbia Building Code, or at a ratio of one (1) accessible Parking space per fifty (50) required spaces, whichever is greater. 5.1.8.1 In no case will less than one (1) accessible Parking space be provided. 5.1.9 All Parking areas comprised of three (3) or more Parking spaces, and every access road to the required Parking area, must be hard surfaced and drained such that all water is managed on the Lot, or is directed to a municipal drainage system or to a natural drainage course. Figure 5.1 - For every 14 Off-street parking spaces, one on-street parking space may be credited towards required Off-street parking spaces. 5.0: OFF-STREET PARKING AND LOADING 25 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 5.2 General Provisions - Loading Spaces 5.2.1 All Loading areas must be hard surfaced and drained such that all water is managed on the Lot, or is directed to a municipal drainage system or to a natural drainage course. 5.2.2 Each Off-street loading space must be a minimum of 2.5 metres wide, 9.0 metres long and 3.6 metres high. 5.3 Location 5.3.1 All Off-street parking spaces must be located on the same Lot as the Building, Structure or use they service. 5.3.1.1 Notwithstanding Subsection 5.3.1, an owner or occupier of land located within 500 metres of the Cook Street Parking lot may, in lieu of providing Off-street parking spaces, pay to the municipality a sum as specified in the Fees and Charges Bylaw No. 1763, 2011, as amended from time to time. Owners and occupiers of Buildings within the area designated in the Downtown Revitalization Specified Area (Parking) Loan Authorization Bylaw are exempt from the payment specified in this section. 5.3.1.2 Notwithstanding Subsection 5.3.1, in the Commercial - Downtown Core (CDC) Zone, Commercial - General (CG) Zone or Community Use - (CU) Zone, Off- street parking spaces may be provided on land other than which it is required, subject to the following conditions: i. that the Parking spaces be located within 100 metres of the subject Lot; and, ii. that the owner of the land whereon the subject Off-street parking spaces are to be situated agrees to the registration of a covenant against the land reserving the land (or portion thereof) for an Off- street parking area in favour of the owner or occupier of the subject Lot, so long as the use to which the Off- street parking area pertains remains unchanged. 5.3.3 No Off-street parking or loading space will be located within a Lot's Front setback (see Fig. 5.2). 5.3.3.1 Notwithstanding 5.3.3, in the R1 - Low Density Residential Zone Off-street parking spaces may be located in a Lot's Front setback, provided that the parking spaces are located a minimum of 2 metres from the Front lot line. BL #2007 5.4 Design Standards 5.4.1 Off-street parking areas must provide signage for pedestrians indicating the safest and most efficient route through the Parking area. 5.4.2 All Off-street parking and loading areas must be illuminated with Dark sky compliant lighting. 5.4.2.1 The location of light fixtures must minimize the amount of light falling onto abutting properties. 5.4.2.2 Light fixtures must be located along primary pedestrian corridors to promote the safety of those utilizing parking facilities. 5.5 Voluntary Establishment Of Parking Areas 5.5.1 Where Off-street parking and loading areas are provided when not required, the location, design and operation of such facilities must Figure 5.2 No Off-street parking space will be located within a Lot's Front setback area. 5.0: OFF-STREET PARKING AND LOADING 26 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 comply with the regulations and standards of this section. 5.6 Parking Specifications 5.6.1 Off-street parking and loading spaces for each Building, Structure or use must be provided in accordance with Table 5.1: Off- Street Parking, Table 5.2: Off-Street Loading and Table 5.3: Parking Space Specifications. 5.6.2 Where a Building, Structure, or Lot contains multiple uses, parking calculations will be determined for each use and will be added together for a total number of required parking or loading spaces. BL#1986 27 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 Use Parking Space Requirements (MINIMUMS) Residential (R) Uses: - Single family dwelling; Duplex; Accessory dwelling unit - Dwelling unit as Accessory use in Commercial or Industrial Zone - Multi-family dwelling; Apartment dwelling - Manufactured home park - Senior citizen facility - Boarding, rooming or lodging house - Home occupation » Bed and breakfast - 1 per Dwelling unit. - 1 per Dwelling unit. - 1.25 per Dwelling unit. - 1.25 per Dwelling unit. - 1 per 3 units. - 1 per 2 units. - 1 per Home occupation employee. » 1 per guest room. Commercial (C) Uses: - Business or professional office; Health and medical services - Tourist accommodation - Auto repair or tire shop - Hardware store; Plant nursery; Grocery store; Department store - Retail or Personal service - General - All other commercial uses - 1 space per 28 sq. m. of Business office, professional office, or Health and medical services use. - 1 per guest room. - 3 per service bay. - 1 per 50 sq. m. of Hardware store, Plant nursery, Gro cery store, or Department store use. - 1 space per 28 sq. m. of Retail and Personal service use. - 1 space per 28 sq. m. of Gross floor area. - 1 space per 46.5 sq. m. of Gross floor area. Industrial (I) Uses: - General Exceptions: - Warehousing or wholesale, and storage Buildings - 1 per each 93 sq. m. of Gross floor area; and, 1 per each 46.5 sq. m. of display, rental or retail floor area. - 1 per each 186 sq. m. of Gross floor area; and, 1 per each 46.5 sq. m. of display, rental or retail floor area. Other Uses: - Hospital - Assembly facility; Outdoor recreation or entertainment - Indoor recreation or entertainment - Daycare - Primary or elementary school - Secondary or post-secondary school - 1 per 4 hospital beds - The greater of: 1 per 10 seats, or 1 per 18.6 sq. m. of Gross floor area with fixed seating; and, 1 per 9.6 sq. m. of Gross floor area without fixed seating, excluding playing surfaces and stages. - 1 per 46.5 sq. m. of Gross floor area; and, 1 per each 10 spectator seats, excluding playing surfaces and stages. - 1 per employee. - 1.5 per classroom. - 4 per classroom. Use Loading Space Requirements (MINIMUMS) All Community Use Zone uses - less than or equal to 2790 sq. m. - more than 2790 sq. m. - 1 space - 2 spaces All commercial and industrial warehousing, manufacturing and storage with a Gross floor area of: - less than or equal to 1860 sq. m. - more than 1860 sq. m. - 1 space - 2 spaces Table 5.1: Off-Street Parking Table 5.2: Off-Street Loading 5.0: OFF-STREET PARKING AND LOADING BL#1986 28 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 2.4m 30° 3.2m 4.8m 4.9m 2.4m 45° 3.5m 5.6m 3.4m 2.4m 60° 5.9m 5.9m 2.8m 2.4m 90° 7.8m 5.7m 3.0m 2.5m 30° 3.1m 5.0m 5.2m 2.5m 45° 3.2m 5.6m 3.6m 2.5m 60° 5.7m 6.0m 3.0m 2.5m 90° 7.5m 5.7m 2.5m 2.7m 30° 3.0m 5.2m 5.5m 2.7m 45° 3.0m 5.8m 3.9m 2.7m 60° 5.5m 6.0m 3.1m 2.7m 90° 7.2m 5.7m 2.7m 2.8m 30° 2.9m 5.2m 5.7m 2.8m 45° 3.1m 5.9m 4.0m 2.8m 60° 5.3m 6.0m 3.2m 2.8m 90° 6.9m 5.7m 2.8m 3.0m 30° 2.9m 5.3m 6.0m 3.0m 45° 2.9m 6.0m 4.3m 3.0m 60° 5.0m 6.0m 3.4m 3.0m 90° 6.6m 5.7m 3.0m 3.0m PARALLEL --- 7.3m --- Width of Stall A Angle of Parking Width of Aisle Depth of Stall Width of Stall Parallel to Aisle B C D E Table 5.3: Parking Space Specifications 5.0: OFF-STREET PARKING AND LOADING 29 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 6.1 Screening and Fencing Materials 6.1.1 The use of reflective materials, tarps, or sheet metal is prohibited in all Zones. 6.1.2 The use of barbed wire, razor wire, electrified wire, or unfinished corrugated metal is prohibited in all residential Zones. 6.1.3 Notwithstanding sections 6.1.1 and 6.1.2, properties with farm uses, keeping hens, or horses, may be permitted to use barbed wire or electrified wire. 6.2 Waste Receptacle Screening Requirements 6.2.1 On any Lot with commercial, Community use, industrial, or Multi-family residential uses, or a combination thereof: i. a minimum of one common storage area for the collection of recycled materials and waste shall be provided and maintained for the use of the occupants; ii. all storage areas shall have a permanent and dust-free ground surface, and shall be enclosed on at least three (3) sides by a decorative solid Fence equivalent in height to the waste, recycling, or compost container; and, iii. shall not be located within a Lot's Front setback or within 3.0 metres of a Lot's Front lot line, whichever is greater. 6.3 Zone Specific Screening Requirements 6.3.1 On any Lot with residential use all storage areas: i. shall have a permanent and dust-free ground surface; ii. shall be enclosed on at least three (3) sides by a decorative Fence or Screen of at least 1.8 metres in height; and, iii. shall not be located within a Lot's Front setback or within 3.0 metres of a Lot's Front lot line, whichever is greater. 6.3.2 Excluding the Commercial Downtown Core and Commercial Neighbourhood 6.0 SCREENING AND FENCING REQUIREMENTS BL#1986 Zones, where a Commercial Zone abuts a Residential Zone, or is separated by a lane therefrom, a solid Fence of at least 1.8 metres in height shall be erected along the Lot boundary. 6.3.3 Where an Industrial Zone abuts a Residential, Commercial or Community Use Zone, or is separated by a lane therefrom, a solid Fence or Screen of at least 1.8 metres in height shall be erected along the Lot boundary. 6.3.4 Where a Residential - Medium Density (R3) Zone, Residential - High Density (R4) Zone or Residential - Manufacture Home Park (R6) Zone abuts a Residential - Low Density (R1) Zone, Residential - Zero Lot Line (R2) Zone or Residential - Rural (R5) Zone, a solid Screen or Fence of at least 1.8 metres in height shall be erected along the Lot boundary. 6.3.5 All auto wrecking, scrap, salvage, or junk yards shall be subject to the following conditions: i. the yard shall be completely enclosed by a solid view obscuring Fence or wall not less than 2.4 metres in height; and, ii. no material enclosed within the yard shall be piled to a height greater than the surrounding Fence or walls. 6.4 Swimming Pools 6.4.1 Where a swimming pool exists, a solid Fence of a least 1.5 metres in height shall be erected around the perimeter of the swimming pool area. 6.5 General Fence Requirements 6.5.1 Notwithstanding sections 6.1 - 6.4, the following regulations apply: 6.5.1.1 In any Zone where there is a primary residential use, no Fence shall: i. exceed a maximum Fence height of 1.2 metres, where a fence is located between the Front lot line and the face of a Building, parallel to the Lot's Front lot line (see Figure 6.1); 6.0: SCREENING AND FENCING REQUIREMENTS 30 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 ii. exceed a maximum height of 1.8 metres, where a Fence is located between the Rear lot line and the face of a Building, parallel to the Lot's Front lot line (see Figure 6.1); iii. exceed the maximum height indicated in Figure 6.2 for the portion of the Lot on which it is located; or, iv. obstruct visibility at intersections in accordance with section 3.5.2. 6.5.1.2 Notwithstanding section 6.5.1.1, i. Figure 6.2: Maximum Fence height in conjunction with a retaining wall, the height of a Fence may be increased to meet safety requirements as authorized under the Town of Creston Building Bylaw, as amended from time to time. Figure 6.1 Maximum Fence height 6.0: SCREENING AND FENCING REQUIREMENTS 31 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 6.0: SCREENING AND FENCING REQUIREMENTS Figure 6.2 Maximum Fence height when in conjunction with a retaining wall 32 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 7.0.1 The location of the Zones established by this Bylaw are as shown on the current Zoning Map of the Town of Creston (Schedule A), which is attached to and forms part of this Bylaw. 7.0.2 Where a Lot is divided by a Zone boundary, the areas created by such division are deemed to be separate Lots for the purpose of determining the regulations and requirements of this Bylaw, except that Setbacks between the Zones are not required unless the Lot is capable of being subdivided along that Zone boundary. 7.0.3 Except as shown on the Zoning Map: i. where a Zone boundary is designated as following a Highway or a watercourse, the centerline of the Highway or watercourse is the Zone boundary; and, ii. where a Zone boundary does not follow a legally defined line, and where distances are not specifically indicated, the location of the boundary is determined by the Zoning Map to the centre of each zoning line. 7.0 ESTABLISHMENT OF ZONES 7.0: ESTABLISHMENT OF ZONES 33 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 AG ZONE 7.1.2 PERMITTED USES 7.1.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Agriculture. ii. Single family dwelling. 7.1.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Animal service, excluding veterinary clinics and animal hospitals. iii. Agri-tourism accommodation. iv. Detached accessory dwelling unit. v. Home occupation. vi. Secondary suite. vii. Tourist accommodation - ALR. viii. Short term rental. BL#1977 7.1.3 ZONE REGULATIONS 7.1.3.1 Minimum Lot Area: 8 hectares 7.1.3.2 Minimum Lot Frontage: 20m 7.1.3.3 Maximum Lot Coverage: N/A 7.1.3.4 Minimum Principal Dwelling Gross Floor Area: 75 sq. m. 7.1.3.5 Notwithstanding any other provisions of this Bylaw, all lands within the Agricultural Land Reserve are subject to the Agricultural Land Commission Act, as amended from time to time, the Agricultural Land Reserve Use Regulation, the Agricultural Land Reserve General Regulation, and any Orders of the Agricultural Land Commission. 7.1 AGRICULTURE (AG) ZONE 7.1.1 INTENT The intent of this Zone is to allow Agricultural uses within the Agricultural Land Reserve as permitted by the Agricultural Land Commission of BC, in accordance with the Agricultural Land Commission Act and any Regulations or Orders enacted thereunder. 7.1.4.1 All Buildings and Structures i. Front lot line 7.6m ii. Rear lot line 7.6m iii. Interior side lot line 1.8m iv. Exterior side lot line 7.6m 7.1.4 MINIMUM SETBACKS 7.1.5 MAXIMUM HEIGHT 7.1.5.1 Principal buildings 9.2m 7.1.5.2 Accessory buildings and Structures 9.2m 7.1.5.3 Detached accessory dwelling unit - Garden suite 5.0m 7.1.5.4 Detached accessory dwelling unit - Carriage suite 6.1m 7.0: ESTABLISHMENT OF ZONES 34 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 R1 ZONE 7.2.2 PERMITTED USES 7.2.2.1 Principal uses BL #2007 The following Principal uses and no others shall be permitted in this Zone: i. Duplex dwelling. ii. Single family dwelling. iii. Triplex dwelling. iv. Fourplex dwelling. v. Daycare specific only to the property located at: 806 Cook Street, legally described as Parcel D (See XB18526), Block 21, District Lot 525, Kootenay District, Plan 693 (PID: 011-632-470). . 7.2.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Attached accessory dwelling unit. iii. Community care facility, only within a Single family dwelling. iv. Detached accessory dwelling unit. v. Home occupation. vi. Short term rental. BL#1977 7.2.3 ZONE REGULATIONS BL #2007 7.2.3.1 Minimum Lot Area: 333 sq. m. 7.2.3.2 Minimum Lot Frontage: 12m 7.2.3.3 Maximum Density: i. Lots with an area less than or equal to 280 sq. m.: 3 Dwelling units per Lot, one of which may be a Detached accessory dwelling unit. ii. Lots with an area greater than 280 sq. m.: 4 Dwelling units per Lot, one of which may be a Detached accessory dwelling unit. 7.2.3.4 Maximum Lot Coverage: 50% 7.2 RESIDENTIAL - LOW DENSITY (R1) ZONE 7.2.4 MINIMUM SETBACKS 7.2.1 INTENT The intent of this Zone is to allow low density residential development. 7.2.4.3 Detached accessory dwelling unit i. Front lot line 6.1m ii. Rear lot line 1.5m iii. Interior side lot line 1.5m iv. Exterior side lot line 3.7m 7.2.4.1 Principal buildings i. Front lot line 6.1m ii. Rear lot line 6.1m iii. Interior side lot line 1.5m iv. Exterior side lot line 3.7m 7.2.4.2 Accessory buildings i. Front lot line 6.1m ii. Rear lot line 1.5m iii. Interior side lot line 1.5m iv. Exterior side lot line 3.7m 7.2.4.4 The Setbacks pertaining to Accessory buildings and Detached accessory dwelling units apply whether the Accessory building or Detached accessory dwelling unit is attached to the Principal building or not. 7.0: ESTABLISHMENT OF ZONES 35 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 7.2.5 MAXIMUM HEIGHT BL #2007 7.2.5.1 Single family dwelling 9.2m 7.2.5.2 Duplex dwelling 9.2m 7.2.5.3 Triplex dwelling 11.0m 7.2.5.4 Fourplex dwelling 11.0m 7.2.5.5 Non-residential principal building 9.2m 7.2.5.6 Accessory buildings and Structures 5.0m 7.2.5.7 Detached accessory dwelling unit 7.5m 7.2.6 USABLE PRIVATE OPEN SPACE 7.2.6.1 Usable private open space must be provided for each Dwelling unit on a Lot, which shall reflect a minimum of 10% of the Gross floor area of the Dwelling unit and in no case shall be less than 5.6 square metres. BL#1986 R1 ZONE 7.2 RESIDENTIAL - LOW DENSITY (R1) ZONE 7.0: ESTABLISHMENT OF ZONES 36 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 R2 ZONE 7.3 RESIDENTIAL - ZERO LOT LINE (R2) ZONE 7.0: ESTABLISHMENT OF ZONES DELETED BL#2007 37 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 R3 ZONE 7.4 RESIDENTIAL - MEDIUM DENSITY (R3) ZONE 7.4.2 PERMITTED USES 7.4.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Single family dwelling. ii. Duplex. iii. Multi-family dwelling. iv. Pocket neighbourhood. 7.4.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Community care facility. BL#1986 iii. Home occupation. iv. Short term rental. BL#1977 7.4.3 ZONE REGULATIONS 7.4.3.1 Minimum Lot Area: 1000 sq. m. 7.4.3.2 Minimum Lot Frontage: 15m 7.4.3.3 Maximum Density: 60 Dwelling units per hectare 7.4.3.4 Maximum Lot Coverage: 75% 7.4.3.5 DELETED BL#2007 7.4.1 INTENT The intent of this Zone is to allow Multi-family development (typically Townhouse, Rowhouse, triplex, and fourplex dwellings), and Pocket Neighbourhoods, in addition to Single family and Duplex Dwellings. 7.4.4.1 All Buildings and Structures i. Front lot line 6.1m ii. Rear lot line, where Lot abuts a lane 1.5m iii. Rear lot line, where no lane exists 3.0m iv. Interior side lot line 3.0m v. Exterior side lot line 3.0m 7.4.4 MINIMUM SETBACKS 7.4.4.2 The Setbacks pertaining to Accessory buildings apply whether the Accessory building is attached to the Principal building or not. 7.4.5 MAXIMUM HEIGHT BL#2007 7.4.5.1 Single family dwelling 9.2m 7.4.5.2 Duplex dwelling 9.2m 7.4.5.3 Multi-family dwelling 11.0m 7.4.5.4 Non-residential principal building 9.2m 7.4.5.5 Accessory buildings and Structures 5.0m 7.4.6 USABLE PRIVATE OPEN SPACE 7.4.6.1 Usable private open space must be provided for each Dwelling unit on a Lot, which shall reflect a minimum of 10% of the Gross floor area of the Dwelling unit and in no case shall be less than 5.6 square metres. 7.4.7 USABLE COMMON OPEN SPACE 7.4.7.1 10 sq. m. of Usable common open space, with a minimum dimension of 4m in any direction, shall be provided per Dwelling unit and shall: i. be contained entirely on the Lot; ii. be accessible at all times to the occupants of the Lot; iii. not be located within a Setback; and, iv. be separated from ground floor windows, streets, service areas, and parking with landscaping or low-level fencing. 7.4.7.2 Indoor common recreational, leisure and social spaces may be considered for up to 25% of the required Usable common open space as a variance to Section 7.4.7.1, as part of a development permit. 7.0: ESTABLISHMENT OF ZONES 38 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 R4 ZONE 7.5 RESIDENTIAL - HIGH DENSITY (R4) ZONE 7.5.2 PERMITTED USES 7.5.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Apartment dwelling. ii. Multi-family dwelling. iii. Boarding, rooming or lodging home with mobile catering, specific only to the property located at 1909 Ash Street, legally described as Lot 1, District Lot 891, Kootenay District, Plan 12455 (PID: 010-242-694). 7.5.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Home occupation. iii. Short term rental. BL#1977 iv. Community care facility. BL#1986 7.5.3 ZONE REGULATIONS 7.5.3.1 Minimum Lot Area: 1300 sq. m. 7.5.3.2 Minimum Lot Frontage: 20m 7.5.3.3 Maximum Density: 90 Dwelling units per hectare 7.5.3.4 Maximum Lot Coverage: 75% 7.5.4.1 Apartment dwellings and Boarding, rooming or lodging homes i. Front lot line 7.6m ii. Rear lot line 7.6m iii. Interior side lot line 3.0m iv. Exterior side lot line 6.0m 7.5.4.2 Multi-family dwellings i. Front lot line 6.0m ii. Rear lot line, where Lot abuts a lane 1.5m iii. Rear lot line, where no lane exists 3.0m iv. Interior side lot line 3.0m v. Exterior side lot line 3.0m 7.5.4 MINIMUM SETBACKS 7.5.5 MAXIMUM HEIGHT BL#2007 7.5.5.1 Apartment dwellings and Boarding, rooming or lodging homes 12.2m 7.5.5.2 Multi-family dwellings 9.2m 7.5.5.3 Non-residential principal building 9.2 m 7.5.5.4 Accessory buildings and Structures 5.0m 7.5.1 INTENT The intent of this Zone is to allow high density Apartment and Multi-family development. 7.5.4.3 Accessory buildings i. Front lot line 6.0m ii. Rear lot line 1.5m iii. Interior side lot line 1.5m iv. Exterior side lot line 6.0m 7.5.4.4 The Setbacks pertaining to Accessory buildings apply whether the Accessory building is attached to the Principal building or not. 7.0: ESTABLISHMENT OF ZONES 39 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 7.5.7 USABLE COMMON OPEN SPACE 7.5.7.1 10 sq. m. of Usable common open space, with a minimum dimension of 4m in any direction, shall be provided per Dwelling unit and shall: i. be contained entirely on the Lot; ii. be accessible at all times to the occupants of the Lot; iii. not be located within a Setback; and, iv. be separated from ground floor windows, streets, service areas, and parking with landscaping or low-level fencing. 7.5.7.2 Indoor common recreational, leisure and social spaces may be considered for up to 25% of the required Usable common open space as a variance to Section 7.5.7.1, as part of a development permit. R4 ZONE 7.5 RESIDENTIAL - HIGH DENSITY (R4) ZONE 7.5.6 USABLE PRIVATE OPEN SPACE 7.5.6.1 Usable private open space must be provided for each Dwelling unit on a Lot, which shall reflect a minimum of 10% of the Gross floor area of the Dwelling unit and in no case shall be less than 5.6 sq. m.. 7.0: ESTABLISHMENT OF ZONES 40 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 R5 ZONE 7.6 RESIDENTIAL - RURAL (R5) ZONE 7.6.2 PERMITTED USES 7.6.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Duplex dwelling. ii. Single family dwelling. 7.6.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Attached accessory dwelling unit. iii. Community care facility, only within a Single family dwelling. iv. Crop-based agriculture. v. Detached accessory dwelling unit. vi. Home occupation. vii. Market garden. viii. Short term rental. BL#1977 7.6.3 ZONE REGULATIONS 7.6.3.1 Minimum Lot Area: 0.4 hectares 7.6.3.2 Minimum Lot Frontage: 20m 7.6.3.3 Maximum Density: 2 Dwelling units per Lot 7.6.3.4 Minimum Principal Dwelling Gross Floor Area: 75 sq. m. 7.6.4.1 All Buildings and Structures i. Front lot line 7.6m ii. Rear lot line 7.6m iii. Interior side lot line 1.8m iv. Exterior side lot line 7.6m 7.6.4 MINIMUM SETBACKS 7.6.5 MAXIMUM HEIGHT 7.6.1 INTENT The intent of this Zone is to allow low-density development on larger Lots located outside of the Residential Growth Containment Area. 7.6.5.1 Principal Buildings 9.2m 7.6.5.2 Accessory buildings and Structures 5.0m 7.6.5.3 Detached accessory dwelling unit - Garden suite 5.0m 7.6.5.4 Detached accessory dwelling unit - Carriage suite 6.1m 7.6.6 USABLE PRIVATE OPEN SPACE 7.6.6.1 Usable private open space must be provided for each Dwelling unit on a Lot, which shall reflect a minimum of 10% of the Gross floor area of the Dwelling unit and in no case shall be less than 5.6 sq. m.. 7.0: ESTABLISHMENT OF ZONES 7.6.4.2 Exception Minimum setbacks for existing Buildings and Structures which, on June 27, 2022, were located within the R1 - Single Family Residential Zone, shall be in accordance with Section 7.2.4, Residential - Low Density (R1) Zone, of this Bylaw. 41 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 R6 ZONE 7.7.4.1 All Buildings and Structures i. Front lot line 7.5m ii. Rear lot line 7.5m iii. Interior side lot line 7.5m iv. Exterior side lot line 7.5m 7.7.4 MINIMUM SETBACKS 7.7 RESIDENTIAL MANUFACTURED HOME PARK (R6) ZONE 7.7.1 INTENT The intent of this Zone is to allow the development of Manufactured home parks in accordance with Mobile Home Parks Bylaw No.1393, 1997. 7.7.2 PERMITTED USES 7.7.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Manufactured home park. 7.7.2.2 Accessory uses The following Accessory use and no others shall be permitted in this Zone: i. Accessory building, limited to common service facilities or where accessory to a Single family dwelling, and shall not be located on a Manufactured home space. ii. Home occupation. iii. Private storage building, limited to one (1) per Manufacture home space, which must not exceed 10 sq. m. of Gross floor area. iv. Single family dwelling (limited to the owner, operator or caretaker of the Manufactured home park). Limited to one (1) per Lot. v. Short term rental. BL#1977 7.7.3 ZONE REGULATIONS 7.7.3.1 Minimum Lot Area: 2 hectares 7.7.3.2 Minimum Lot Frontage: 20m 7.7.3.3 Maximum Lot Coverage: 50% 7.7.3.4 Maximum Density: 1 Manufactured home per 375.0 sq. m., and 1 Single family dwelling per Lot. 7.7.5 MAXIMUM HEIGHT 7.7.6 ADDITIONAL REGULATIONS 7.7.6.1 A Manufactured home park shall be developed in accordance with the provisions set forth in Mobile Home Parks Bylaw No. 1393, 1997, as amended from time to time. 7.7.6.2 Minimum Manufactured home space internal roadway frontage: 12.5m, except in the case of a cul-de-sac or panhandle space, in which case the minimum frontage shall be 6m provided that the average lot width is at least 12.5m. 7.7.6.3 Minimum Manufactured home and addition setbacks: 7.7.6.3.1 3.0m from any other Manufactured home or addition. 7.7.6.3.2 6.0m from an internal roadway or common parking area. 7.7.6.3.3 3.0m from a rear Manufactured home space line. 7.7.6.3.4 1.5m from an interior side Manufactured home space line. 7.5.5.1 Accessory buildings 5.0m 7.5.5.2 Private storage buildings and Structures 2.4m 7.5.5.3 All other Buildings 7.5m 7.7.6.2 All Manufactured home spaces, Single family dwellings, storage areas, service buildings, and any other facility where access is required shall have vehicular access to an internal roadway. 7.0: ESTABLISHMENT OF ZONES 42 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 CDC ZONE 7.8 COMMERCIAL DOWNTOWN CORE (CDC) ZONE 7.8.1 INTENT The intent of this Zone is to allow commercial and Accessory uses suitable for the business area, located in the Downtown Core, to create a pedestrian-friendly downtown that acts as a social and economic hub. 7.8.2 PERMITTED USES 7.8.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Business or professional office. ii. Cannabis retail store. iii. Community care facility. iv. Custom indoor manufacturing. v. Food and beverage service - liquor primary. vi. Food and beverage service - food primary (including catering). vii. Funeral parlour. viii. Gas station. ix. Health and medical services. x. Indoor recreation or entertainment. xi. Liquor manufacturing, minor. xii. Mixed-use. xiii. Mobile food vendor. xiv. Mobile retail vendor. xv. Outdoor recreation or entertainment. xvi. Personal services. xvii. Parking lot, including parking garages. xviii. Printing or publishing. xix. Public transportation depot. xx. Radio or television station. xxi. Retail. xxii. Social services. xxiii. Tourist accommodation or services. xxiv. Existing Single family dwelling, specific only to the property located at 217 - 11th Avenue North, legally described as Lot 10, Block 1, District Lot 891, Kootenay District, Plan 893 (PID: 016-077-474). xxv. Glass repair, replacement and sales, specific only to the property located at 1520 Canyon Street, legally described as Lot 1, District Lot 891, Kootenay District, Plan NEP21077 (PID: 018-638-236). xxvi. Motorcycle sales, service or repair, specific only to the property located at 130 - 15th Avenue North, legally described Lot 1, District Lot 891, Kootenay District, Plan 11469 (PID: 005-477-549). xxvii. Tire shop, specific only to the properties located at: 918 Pine Street, legally described as Lot 1, District Lot 525, Kootenay District, Plan 5003 (PID: 009-938-109); and, 1222 Cook Street, legally described as Lots 5,6 and 7, Block A, District Lot 891, Kootenay District, Plan 2167 (PIDs: 015-532-011, 015- 531-961, and 011-802-545). 7.8.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Home occupation. iii. Short term rental. BL#1977 7.8.3 ZONE REGULATIONS 7.8.3.1 Minimum Lot Area: 232 sq. m. 7.8.3.2 Minimum Lot Frontage: 7.5m 7.8.3.3 Maximum Lot Coverage: 100% 7.8.3.4 Maximum Density: 90 Dwelling units per hectare 7.0: ESTABLISHMENT OF ZONES 43 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 CDC ZONE 7.8 COMMERCIAL DOWNTOWN CORE (CDC) ZONE 7.8.5 MAXIMUM HEIGHT 7.8.5.1 Principal buildings 12.2m 7.8.5.2 Accessory buildings and Structures 5.0m 7.8.4.1 Principal buildings 7.8.4.2 Accessory buildings i. Front lot line 0.0m i. Front lot line 3.0m ii. Rear lot line 0.0m ii. Rear lot line 0.0m iii. Interior side lot line 0.0m iii. Interior side lot line 0.0m iv. Exterior side lot line 0.0m iv. Exterior side lot line 3.0m 7.8.4 MINIMUM SETBACKS 7.8.4.3 Exceptions i. Where the Rear lot line abuts a lane, the minimum Rear lot line Setback shall be 3.0m. ii. Where a Lot abuts a Residential Zone, no Building or Structure shall be sited less than 1.5m from the Lot boundary abutting the Residential Zone. 7.0: ESTABLISHMENT OF ZONES 44 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 CG ZONE 7.9 COMMERCIAL GENERAL (CG) ZONE 7.9.1 INTENT The intent of this Zone is to allow commercial and Mixed-use development, and Accessory uses suitable for the business area located outside of the Downtown Core. 7.9.2 PERMITTED USES 7.9.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Business or professional office. ii. Cannabis retail store. iii. Community care facility. iv. Custom indoor manufacturing. v. Food and beverage service - liquor primary. vi. Food and beverage service - food primary (including catering). vii. Funeral parlour. viii. Gas station. ix. Health and medical services. x. Indoor recreation or entertainment. xi. Liquor manufacturing, minor. xii. Mixed-use. xiii. Mobile food vendor. xiv. Mobile retail vendor. xv. Outdoor recreation or entertainment. xvi. Personal services. xvii. Parking lot, including parking garages. xviii. Printing or publishing. xix. Public transportation depot. xx. Radio or television station. xxi. Retail. xxii. Social services. xxiii. Thrift store. xxiv. Tourist accommodation or services. xxv. Veterinary clinic for small animals. xxvi. Tire shop, specific only to the property located at: 1816 Canyon Street, legally described as Lots 9, 10 and 11, District Lot 891, Kootenay District, Plan 1970 (PID: 009-445-692, 009- 445-731, and 009-445-765). BL#1986 7.9.4 MINIMUM SETBACKS 7.9.4.1 All Buildings and Structures i. Front lot line 3.0m ii. Rear lot line 3.0m iii. Interior side lot line 1.5m iv. Exterior side lot line 3.0m 7.9.5 MAXIMUM HEIGHT 7.9.5.1 Principal buildings 9.2m 7.9.5.2 Accessory buildings and Structures 5.0m 7.9.4.2 Exceptions i. Where a Lot abuts a Residential Zone, no Building or Structure shall be sited less than 3.0m from the Lot boundary abutting the Residential Zone. 7.9.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Home occupation. iii. Short term rental. BL#1977 7.9.3 ZONE REGULATIONS 7.9.3.1 Minimum Lot Area: 232 sq. m. 7.9.3.2 Minimum Lot Frontage: 7.5m 7.9.3.3 Maximum Lot Coverage: 75% 7.9.3.4 Maximum Density: 75 Dwelling units per hectare 7.0: ESTABLISHMENT OF ZONES 45 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 CHS ZONE 7.10 COMMERCIAL HIGHWAY SERVICE (CHS) ZONE 7.10.1 INTENT The intent of this Zone is to allow primarily service oriented commercial uses and Accessory uses to locate along highway corridors, in addition to general commercial uses. 7.10.2 PERMITTED USES 7.10.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Animal service. ii. Auction sales (excluding livestock). iii. Bulk petroleum sales and service, including propane. iv. Building services. v. Business or professional office. vi. Campground, in accordance with Campground Bylaw No. 1149, 1990, as amended from time to time. vii. Cannabis analytical testing. viii. Cannabis cultivation. ix. Cannabis nursery. x. Cannabis processing, micro. xi. Car wash. xii. Food processing, storage and sales. xiii. Food and beverage service - liquor primary. xiv. Food and beverage service - food primary (including catering). xv. Gas station. xvi. Greenhouse - commercial. xvii. Health and medical services. xviii. Hardware and building materials sales. xix. Hotel and convention facility. xx. Indoor recreation or entertainment. xxi. Light manufacturing. xxii. Liquor manufacturing, minor. xxiii. Medical marihuana production facility. xxiv. Mixed-use limited to the owner, operator or caretaker of the non-residential Principal use. xxv. Multi-family dwelling, if existing on August 11, 2015 (see Schedule C). xxvi. Outdoor recreation or entertainment. xxvii. Personal service establishment. xxviii. Printing or publishing. xxix. Recycling facility. xxx. Retail medical cannabis sales. xxxi. Retail store. xxxii. Self-storage. xxxiii. Single family dwelling, if existing on August 11, 2015 (see Schedule C). xxxiv. Small engine repair. xxxv. Tourist accommodation or services. xxxvi. Transportation services. xxxvii. Vehicle sales, service or repair. xxxviii. Warehousing or wholesale. xxxix. Monthly residential unit rentals of existing motel units, specific only to the property located at 1441 Northwest Boulevard, legally described as Lot 2, District Lot 892, Kootenay District, Plan 4260 (PID: 014-880-709). xl. Towing service, specific only to the property located at 1639 Northwest Boulevard legally described at Lot 1, District Lot 892, Kootenay District, Plan 7477 (PID: 013-874-039). xli. Mobile food vendor. BL#1986 xlii. Mobile retail vendor. BL#1986 7.10.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Community care facility, only within a Single family dwelling. iii. Home occupation. iv. Screened outdoor storage. v. Single family dwelling, limited to the owner, operator or caretaker of the Principal use. Considered a Principal building for Setback and maximum Height calculations. vi. Short term rental. BL#1977 7.10.3 ZONE REGULATIONS 7.10.3.1 Minimum Lot Area: 464 sq. m. Except Hotel and Convention Facility: 1 hectare 7.10.3.2 Minimum Lot Frontage: 15m Except Hotel and Convention Facility: 30m 7.0: ESTABLISHMENT OF ZONES 46 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 7.10.4.1 Principal buildings 7.10.4.2 Accessory buildings i. Front lot line 6.0m i. Front lot line 6.0m ii. Rear lot line 4.5m ii. Rear lot line 4.5m iii. Interior side lot line 1.5m iii. Interior side lot line 1.5m iv. Exterior side lot line 3.0m iv. Exterior side lot line 3.0m 7.10.4 MINIMUM SETBACKS (EXCEPT HOTEL AND CONVENTION CENTRE) 7.10.6 MAXIMUM HEIGHT (EXCEPT HOTEL AND CONVENTION CENTRE) 7.10.6.1 Principal Buildings 12.2m 7.10.6.2 Accessory buildings 4.5m 7.10.5.1 Principal buildings 7.10.5.2 Accessory buildings i. Front lot line 6.0 m i. Front lot line 6.0 m ii. Rear lot line 4.5 m ii. Rear lot line 4.5 m iii. Interior side lot line 3.0 m iii. Interior side lot line 3.0 m iv. Exterior side lot line 6.0 m iv. Exterior side lot line 6.0 m 7.10.5 HOTEL AND CONVENTION CENTRE MINIMUM SETBACKS 7.10.7 HOTEL AND CONVENTION CENTRE MAXIMUM HEIGHT 7.10.7.1 Principal Buildings 14.0m 7.10.7.2 Accessory buildings and Structures 4.5m 7.10 COMMERCIAL HIGHWAY SERVICE (CHS) ZONE 7.10.4.3 Exceptions i. Where a Lot abuts a railway corridor at the Rear lot line, a loading dock may be located 0.0m from the Rear lot line. ii. Where a Lot abuts a residential Zone, no Building or Structure shall be sited less than 4.5m from the Lot boundary abutting the residential Zone. 7.10.3.3 Maximum Lot Coverage: 75% 7.10.3.4 Maximum Density: 1 Dwelling unit per Lot, or as specified in Schedule C, if existing on August 11, 2015. 7.10.5.3 Exceptions i. Where a Lot abuts a railway corridor at the Rear lot line, a loading dock may be located 0.0m from the Rear lot line. ii. Where a Lot abuts a Residential Zone, no Building or Structure shall be sited less than 4.5m from the Lot boundary abutting the Residential Zone. 7.0: ESTABLISHMENT OF ZONES CHS ZONE 47 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 CN ZONE 7.11 COMMERCIAL NEIGHBOURHOOD (CN) ZONE 7.11.1 INTENT The intent of this Zone is to allow commercial and Accessory uses suitable for residential neighbourhoods. 7.11.2 PERMITTED USES 7.11.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Community care facility. ii. Food and beverage service - liquor primary. iii. Food and beverage service - food primary (including catering). iv. Mixed-use limited to the owner, operator or caretaker of the non-residential Principal use. v. Neighbourhood grocery store with Gross floor area less than 200 sq. m.. vi. Personal service establishment. vii. Tourist accommodation or services, specific only to the property located at 216 Valleyview Drive, legally described as Lot B, District Lot 524, Kootenay District, Plan NEP20928 (PID: 018-534-121). viii. Woodwork shop, specific only to the property located at 105 8th Avenue South, legally described as Lot 1, District Lot 525, Kootenay District, Plan 693 (PID: 017-152-763). ix. Mini-storage, specific to the property located at 305 11th Avenue South, legally described as Lot 9, District Lot 525, Kootenay District Plan 2205 (PID: 009-935-649). x. Indoor recreation and Retail, specific to the property located at 1620 Hood Road, legally described as Lot 2, District Lot 9554, Kootenay District, Plan NEP84806 (PID: 027-265-889). BL#2038 7.11.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Home occupation. iii. Single family dwelling. Limited to the owner, operator or caretaker of the Principal use. Considered a Principal building for Setback and maximum Height calculations. iv. Short term rental. BL#1977 7.11.4 MINIMUM SETBACKS 7.11.4.1 Principal buildings 7.11.4.2 Accessory buildings i. Front lot line 6.1m i. Front lot line 6.1m ii. Rear lot line 3.0m ii. Rear lot line 1.5m iii. Interior side lot line 1.5m iii. Interior side lot line 1.5m iv. Exterior side lot line 3.0m iv. Exterior side lot line 3.0m 7.11.5 MAXIMUM HEIGHT 7.11.5.1 Principal buildings 9.2m 7.11.5.2 Accessory buildings and Structures 5.0m 7.0: ESTABLISHMENT OF ZONES 7.11.3 ZONE REGULATIONS 7.11.3.1 Minimum Lot Area: 333 sq. m. 7.11.3.2 Minimum Lot Frontage: 12m 7.11.3.3 Maximum Lot Coverage: 75% 7.11.3.4 Maximum Density: 1 Dwelling unit per Lot 7.11.3.5 DELETED BL#2007 48 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 CDNW ZONE 7.12.3. ZONE REGULATIONS 7.12.3.1 Min. Lot Width 7.12.3.2 Min. Lot Area 7.12.3.3 Max. Lot coverage i. Commercial 7.6m 232 sq.m. 75% ii. Mixed-use 7.6m 232 sq.m. 75% iii. Institutional 15.0m 464 sq.m. 75% iv. Residential 7.6m with rear lane 232 sq.m. 60% 12.2m without rear lane 7.12 NORTHWEST BOULEVARD COMPREHENSIVE DEVELOPMENT (CDNW) ZONE 7.12.1 INTENT The intent of this Zone is to allow Mixed-use neighbourhood-scale commercial development, residential development or a combination thereof that is consistent with the Northwest Boulevard Local Area Plan Bylaw No. 1845, 2016. The Northwest Boulevard Comprehensive Development Zone provides further zoning regulations to ensure the comprehensive implementation of the Local Area Plan. Both land use bylaws must be complied with when developing in this Zone. 7.12.2 PERMITTED USES 7.12.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: Commercial i. Custom indoor manufacturing. ii. Food and beverage service - liquor primary. iii. Food and beverage service - food primary (including catering). iv. Liquor manufacturing, minor. v. Personal service establishment. vi. Retail with Gross floor area less than 200 sq.m. Residential vii. Single family dwelling. viii. Duplex. ix. Multi-family dwelling. x. Community care facility. xi. Senior citizen facility. Institutional xii. Health and medical services. xiii. Indoor recreation or entertainment. xiv. Senior citizen facility. Mixed-use xv. A permitted residential use, combined with a non-residential permitted use. 7.12.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Home occupation. 7.12.3.4 Maximum Density: 60 Dwelling units per hectare 7.12.3.5 DELETED BL#2007 iii. Attached accessory dwelling unit. Limited to a Single family dwelling. iv. Short term rental. BL#1977 7.12.2.3 Northwest Boulevard Local Area Plan Conformance i. All permitted uses and siting of permitted uses, Buildings and Structures, shall be in conformance with Northwest Boulevard Local Area Plan Bylaw No. 1845, 2016, as amended from time to time. 7.0: ESTABLISHMENT OF ZONES 49 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 7.12.4.1 Principal buildings Front Rear Interior Side Exterior Side i. Commercial Min. 6.1m 3.0m 0.0m 4.5m ii. Commercial Max. N/A N/A N/A N/A iii. Mixed-use Min. 0.0m 3.0m 0.0m 0.0m iv. Mixed-use Max. 3.0m N/A N/A 3.0m v. Institutional Min. 0.0m 3.0m 3.0m 0.0m vi. Institutional Max. 3.0m N/A N/A 3.0m vii. Residential Min. 3.0m 6.1m 1.5m 3.0m viii. Residential Max. N/A N/A N/A N/A 7.12.4. SETBACKS 7.12.5.1 Single family dwelling 9.2m 7.12.5.2 Duplex dwelling 9.2m 7.12.5.3 Multi-family dwelling 11.0m 7.12.5.4 Mixed-use principal building 12.2m 7.12.5.5 Institutional principal building 11.0m 7.12.5.6 Commercial principal building 12.2m 7.12.5.7 Accessory buildings and Structures 5.0m 7.12.5. MAXIMUM HEIGHT BL #2007 7.12.4.2 Accessory buildings Front Rear Interior Side Exterior Side i. Commercial Min. 6.1m 3.0m 1.5m 4.5m ii. Mixed-use Min. 6.1m 1.5m 1.5m 3.0m iii. Institutional Min. 6.1m 1.5m 1.5m 3.0m iv. Residential Min. 6.1m 1.5m 1.5m 3.0m 7.12 NORTHWEST BOULEVARD COMPREHENSIVE DEVELOPMENT (CDNW) ZONE CDNW ZONE 7.12.6 USABLE PRIVATE OPEN SPACE 7.12.6.1 Usable private open space must be provided for each Dwelling unit on a Lot, which shall reflect a minimum of 10% of the Gross floor area of the Dwelling unit and in no case shall be less than 5.6 sq. m. 7.12.7 USABLE COMMON OPEN SPACE 7.12.7.1 10 sq. m. of Usable common open space, with a minimum dimension of 4.0m in any direction, shall be provided per Multi-family dwelling unit and shall: i. be contained entirely on the Lot; ii. be accessible at all times to the occupants of the Lot; iii. not be located within a Setback; and, iv. be separated from ground floor windows, streets, service areas, and parking with landscaping or low-level fencing. 7.12.7.2 Indoor common recreational, leisure and social spaces may be considered for up to 25% of the required Usable common open space as a variance to Section 7.12.7.1, as part of a development permit. 7.0: ESTABLISHMENT OF ZONES 50 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 IG ZONE 7.13 INDUSTRIAL GENERAL (IG) ZONE 7.13.1 INTENT The intent of this Zone is to allow a variety of low impact industrial uses and Accessory uses, appropriate to Creston's small town character, to generate employment for local residents. 7.13.2 PERMITTED USES 7.13.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Building services. ii. Bulk petroleum sales and service, including propane. iii. Cannabis operation. iv. Car wash. v. Food processing, storage, and sales. vi. Gas station. vii. Greenhouse - commercial. viii. Hardware and building materials sales. ix. Industrial services. x. Light manufacturing. xi. Liquor manufacturing, minor. xii. Liquor manufacturing, major. xiii. Log home manufacturing. xiv. Medical marihuana production facility. xv. Mixed-use limited to the owner, operator or caretaker of the non-residential Principal use. xvi. Public works yard. xvii. Recycling facility. xviii. Self-storage. xix. Small engine repair. xx. Towing service. xxi. Transportation services. xxii. Vehicle sales, service or repair. xxiii. Warehousing or wholesale. xxiv. Campground, in accordance with Campground Bylaw No. 1149, 1990, as amended from time to time, specific only to the property located at 1322 Northwest Boulevard, legally described as Lot A, District Lot 892, Kootenay District, Plan 2175, Except Plans 5225 and NEP61409 (PID: 015-452- 212). xxv. Concrete plant, specific only to the properties located at: 212 Collis Street, legally described as Lot B, District Lot 892, Kootenay District, Plan 10045 (PID: 007-963-254); and, 501 Helen Street, legally described as Lot 2, 7.13.3 ZONE REGULATIONS 7.13.3.1 Minimum Lot Area: 1000 sq. m. 7.13.3.2 Minimum Lot Frontage: 20m 7.13.3.3 Maximum Lot Coverage: 75% 7.13.3.4 Maximum Density: 1 Dwelling unit per Lot 7.12.3.5 Minimum Principal Dwelling Gross Floor Area: 75 sq. m. District Lot 892, Kootenay District, Plan NEP61735 (PID: 024-142-026). 7.13.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Business or professional office. iii. Retail. iv. Outdoor storage. v. Single family dwelling. Limited to the owner, operator or caretaker of the Principal use. Considered a Principal building for Setback and maximum Height calculations. 7.13.2.3 Exceptions: Industrial Uses i. Uses which are noxious or otherwise undesirable because of smoke, noise, glare, vibration, dirt, odour, or electrical interference are not permitted. ii. Uses which are an offensive trade within the meaning of the Health Act of British Columbia, as amended from time to time, shall not be permitted. 7.0: ESTABLISHMENT OF ZONES 51 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 IG ZONE 7.13 INDUSTRIAL GENERAL (IG) ZONE 7.13.5 MAXIMUM HEIGHT 7.13.5.1 Principal buildings 12.2m 7.13.5.2 Accessory buildings and Structures 12.2m 7.13.4.1 All Buildings and Structures i. Front lot line 6.0m ii. Rear lot line 4.5m iii. Interior side lot line 1.5m iv. Exterior side lot line 4.5m 7.13.4 MINIMUM SETBACKS 7.13.4.2 Exceptions i. Where a Lot abuts a railway corridor at the Rear lot line, a loading dock may be located 0.0m from the Rear lot line. ii. Where a Lot abuts a residential or commercial Zone, no Building or Structure shall be sited less than 4.5m from the abutting Lot line. 7.0: ESTABLISHMENT OF ZONES 52 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 IH ZONE 7.14 INDUSTRIAL HEAVY (IH) ZONE 7.14.1 INTENT The intent of this Zone is to allow industrial uses with regulated emissions and heavily loaded truck traffic that generate local employment and are essential to the commerce of Creston. The intent of this Zone is to allocate Industrial - Heavy uses in locations that do not impact Creston's small town character. 7.14.2 PERMITTED USES 7.14.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Aggregate storage. ii. Concrete plant. iii. Heavy manufacturing. iv. Public works yard. v. Sawmill. 7.14.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Business or professional office. iii. Outdoor storage. 7.14.3 ZONE REGULATIONS 7.14.3.1 Minimum Lot Area: 2000 sq. m. 7.14.3.2 Minimum Lot Frontage: 20m 7.14.3.3 Maximum Lot Coverage: 70% 7.14.4.1 All Buildings and Structures i. Front lot line 6.0m ii. Rear lot line 6.0m iii. Interior side lot line 6.0m iv. Exterior side lot line 3.0m 7.14.4 MINIMUM SETBACKS 7.14.5 MAXIMUM HEIGHT 7.14.5.1 Principal buildings 12.2m 7.17.5.2 Accessory buildings and Structures 12.2m 7.14.4.2 Setback Exception i. Where the parcel abuts a residential or commercial Zone, no Building or Structure shall be sited less than 10.0m from the Lot boundary. 7.0: ESTABLISHMENT OF ZONES 53 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 CU ZONE 7.15 COMMUNITY USE (CU) ZONE 7.15.1 INTENT The intent of this Zone is to allow for Community uses, which are compatible with the surrounding neighbourhood and are within walking distance of downtown, and provide space for essential firefighter training facilities. 7.15.2 PERMITTED USES 7.15.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Assembly use. ii. Cemetery, columbarium, or crematorium. iii. Community care facility. iv. Farmers' market. v. Firefighter training facility. vi. Health and medical services. vii. Hospital. viii. Indoor recreation or entertainment. ix. Mixed-use limited to the owner, operator or caretaker of the non-residential Principal use, or temporary accommodation for medical professionals as accessory to a Health and medical services use. Limited to two (2) per Lot. x. Outdoor recreation or entertainment. xi. Public transportation depot. xii. Senior citizen facility. xiii. Thrift store (non-profit). 7.15.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. ii. Auction sales. iii. Business or professional office. iv. Emergency accommodation (temporary use). v. Food and beverage service - food primary (including catering). vi. Food and beverage service - liquor primary. vii. Mobile catering. viii. Single family dwelling, limited to the owner, operator or caretaker of the Principal use. Limited to one (1) per Lot. Considered a Principal building for maximum Height calculations. ix. Trade show. 7.15.4.1 All Buildings and Structures i. Front lot line 3.0m ii. Rear lot line 3.0m iii. Interior side lot line 3.0m iv. Exterior side lot line 3.0m 7.15.4 MINIMUM SETBACKS 7.15.5 MAXIMUM HEIGHT 7.15.5.1 Principal buildings 12.2m 7.15.5.2 Accessory buildings and Structures 5.0m x. Mobile food vendor. BL#1986 xi. Mobile retail vendor. BL#1986 7.15.2.3 Conditional Uses i. Event camping is permitted for up to two (2) continuous nights during special events at the facility on the Lot, up to a maximum of three (3) social events per calendar year. 7.15.3 ZONE REGULATIONS 7.15.3.1 Minimum Lot Area: 560 sq. m. 7.15.3.2 Minimum Lot Frontage: 15m 7.15.3.3 Maximum Density: 2 Dwelling units per lot (does not apply to Senior citizen facility). 7.15.3.4 Senior Citizen Facility Maximum Density: 90 sleeping units per hectare 7.15.3.5 Maximum Lot Coverage: 75% 7.15.3.6 Minimum Principal Dwelling Unit Gross Floor Area: 75 sq. m. 7.0: ESTABLISHMENT OF ZONES 54 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 RC ZONE 7.16 RAILWAY CORRIDOR (RC) ZONE 7.16.1 INTENT The intent of this Zone is to recognize the continued operation of commercial railways, and to allow the development of parks, trails and other linear recreational uses. 7.16.2 PERMITTED USES 7.16.2.1 Principal uses The following Principal uses and no others shall be permitted in this Zone: i. Facility associated with the operation of a railway including main line trackage, sidings maintenance facility and passenger terminal. ii. Parks, trails and linear recreation uses. 7.16.2.2 Accessory uses The following Accessory uses and no others shall be permitted in this Zone: i. Accessory building. 7.0: ESTABLISHMENT OF ZONES 55 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 8.0:ADOPTION READ A FIRST TIME this 26th day of April, 2022. READ A SECOND TIME this 10th day of May, 2022. PUBLIC HEARING was held this 14th day of June, 2022. AMENDED AND READ A THIRD TIME this 14th day of June, 2022. THIRD READING REPEALED AND BYLAW READ A THIRD TIME AS AMENDED this 21st day of June, 2022. APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 23rd day of June, 2022. ADOPTED this 28th day of June, 2022. Mayor Ron Toyota Michael Moore, Chief Administrative Officer 56 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 SCHEDULE A - ZONING MAP 2nd Ave NW Payne St Hilton Pl Northwest Blvd Hood Rd Hwy 3 Helen St. 1st. Ave. NW Hilton St. Hilton St. 8th Ave. 10th Ave. Glaser Dr. Devon St. Devon St. 10th Ave. N. Westridge St. 11th Ave. N. 12th Ave. N Cavell St. 8th Ave. N. Scott St. 9th Ave. N. 10th Ave. N. Scott St. Ibbitson St. Regina St. 12th Ave. N. 11th Ave. N. Murdoch St. Murdoch St. Alder St. Alder St. 10th Ave. N. 11th Ave. N. 12th Ave. N. Murdoch St. Alder St. Alder St. McLaren St. Scott St. Hurl St. Hillside St. Vancouver St. 11th Ave. N. 12th Ave. N. 14th Ave. N. 15th Ave. N. 16th Ave. N. Vancouver St. Canyon St. Cook St. Pine St. 19th Ave. N. Pine St. Pine St. 20th Ave. N. 21st Ave. N. 22nd Ave. N. 23rd Ave. N. 24th Ave. N. Juniper St. Crawford St. Sunset Blvd. Hwy 3 Cook St. Cook St. 21st Ave. S. 19th Ave. S. 18th Ave. S. 22nd Ave. S. 23rd Ave. S. 24th Ave. S. 25th Ave. S. Elm St. Elm St. Dogwood St. Dogwood St. Cedar St. Cedar St. Cedar St. 22nd Ave. S. 20th Ave. S. Birch St. Birch St. 25th Ave. S. Ash St. 24th Ave. S. Maple Pl. Aspen Pl. 16th Ave. S. Ash St. Birch St. Cedar St. 14th Ave. S. 11th Ave. S. 10th Ave. S. Birch St. 9th Ave. S. 8th Ave. S. Cedar St. Cedar St. 7th Ave. S. 3rd Ave. S. 7th Ave. S. 6th Ave. S. Dugan St. Dugan St. Cedar St. Cedar St. 4th Ave. S. Cook St. Canyon St. Elm St. 2nd Ave. S. 4th Ave. N. 5th Ave. N. 6th Ave. N. 7th Ave. N. Pine St. Vancouver St. Hillside St. Northwest Blvd. 6th Ave. N. Ibbitson St. Valleyview Dr. Hawkview Dr. Purcell Crescent Selkirk Dr. Kootenay Pl. 16th Ave. N. Pine St. Railway Blvd. Hwy 21 1615 234 1405 1200 Blk 1520 1636 917 607 1915 312 424 1809 2107 305 234 232 232 1017 1501 210 1102 914 235 801 501 101 334 2109 1621 116 631 342 1903 530 620 619 624 616 634 630 700 310 403 1005 608 2423 434 424 404 2223 11O 224 336 210 406 242 1918 1820 1812 1621 406 419 305 1417A 1402 310 1121 323 815 409 422 438 421 520 609 610 601 800 916 912 905 919 1120 1006 919 819 630 323 236 708 237 410 316 111 421 412 116 709 125 903 911 313 329 1510 1502 1421 1335 1433 1441 401 1420 728 1333 1342 1517 725 1522 1243 1212 1132 1205 1112 1124 418 1036 610 724 1031 1000 516 527 1125 509 610 508 420 1810 1030 1720 1501 1701 244 310 230 235 123 1118 125 122 215 1201 124 1130 215 301 1609 1610 418 1700 436 524 603 632 624 535 517 410 1126 120 1520 1903 211 1926 431 319 403 419 507 415 427 408 516 503 511 1102 432 1510 536 400 224 323 130 1134 1305 1300 1617 102 202 222 1625 1617 1539 1809 536 306 428 1401 1710 902 1042 1132 840 1323 1329 1524 712 724 900 900 2211 2218 210 1010 1125 530 1210 1302 1448 1519 1631 1625 1530 1740 920 1152 323 602 705 2412 1710 225 305 1415 506 920 908 1033 1013 913 1606 1436 445 1408 707 101 916 1011 1017 1904 1322 130 501 518 424 432 225 929-922 1621 716 1700 115 803 831 807 511 320 830 919 1003 1820 440 2506 2418 2126 1714 1220 410 1521 1620 1624 1628 1632 1605 1539 1531 1640 1536 1530 1526 1522 1518 120 212 139 1639 1605 1531 1525 301 1608 1624 1518 1516 300 340 412 1616 600 401 501 505 601 1520 1418 1412 1338 1338 1407 1401 1341 1333 1329 1334 620 520 617 225 1515 1505 1511 1437 1435 1431 1427 1421 1411 1434 1420 1340 1511 1505 1435 1309 1305 1222 1240 1330 1320 1310 1304 1241 1306 1242 1218 1214 1214 1218A 1333 1309 1243 1241 1227 1330 1310 1304 1314 1238 1234 1236 1220 701 721 1323 1309 1324 1310 1325 1311 1326 1312 1304 1240 805 825 907 1300 Blk 1208 1207 1124 1122 1157 1151 1145 1139 1133 1127 1121 1115 1109 1103 1156 1150 1138 1132 1126 1120 1114 1108 1102 1012 1006 924 918 836 808 728 710 624 1 2 3 4 5 6 7 8 9 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526 610 1110 1116 1128 1132 1210 1214 1218 1220 1123 1130 1124 1117 1118 1110 1104 624 616 1121 617 905 630 624 610 608 606 602 528 524 520 521 525 601 611 615 623 524 528 606 608 616 620 624 628 523 529 603 605 611 615 623 625 614 610 520 510 506 502 420 416 430 427 501 505 515 519 525 1707 531 615 512 518 524 526 530 610 1721 513 531 1713 1813 1821 1909 1913 1917 1921 1814 1816 1818 1906 1908 1910 1914 1918 518 515 503 507 519 525 531 432 530 433 437 2106 2108 2112 2202 2206 2101 2105 2109 2113 2203 2207 2215 2219 2225 2231 2313 2319 2323 2403 2407 2411 2415 2423 2126 2104 2108 2218 2222 2228 2234 2316 2322 2328 2116 2404 2410 2416 2424 2120 2220 2226 2232 2214 2320 2324 2402 2408 2412 2416 2424 2430 2436 2501 512 516 520 2433 519 521 2430 526 532 604 606 622 626 630 605 611 617 625 2428 2430 622 626 2406 2410 2414 2401 2405 2411 2417 2422 2418 2414 2412 2400 2322 2310 2228 2220 2122 2116 2110 2104 2102 2121 2125 2211 2115 2109 2233 2227 2221 608 607 2121 2115 2109 2107 2003 621 625 630 627 616 2101 2105 610 606 1917 605 609 619 625 631 1909 1902 1906 1814 1808 1804 1720 1718 1706 1809 616 27 25 23 11 10 26 24 22 21 19 20 18 9 8 7 6 5 4 17 16 15 1 2 3 14 13 12 1621 0 0.5 1 0.25 Kilometers RC - Railway Corridor R6 - Residential Manufactured Home Park R5 - Residential Rural R4 - Residential High Density R3 - Residential Medium Density R2 - Deleted BL#2007 R1 - Residential Low Density IH - Industrial Heavy IG - Industrial General CU - Community Use CN - Commercial Neighbourhood CHS - Commercial Highway Service CG - Commercial General CDC - Commercial Downtown Core CD-NW - Northwest Boulevard Comprehensive Development AG - Agricultural Zones Legend Town of Creston Zoning Map Schedule "A" Zoning Bylaw No. 1958 Amended October 14, 2025 57 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 SCHEDULE B - CANNABIS BUFFER AREAS MAP Schools Parks Town of Creston Boundary A-1 Agriculture C-1 General Commercial HSC Highway Service Commercial M-1 Light Industrial 150m Buffer Area Legend 250 0 250 500 750 1000 m Schedule B Cannabis Buffer Areas Map Creston & District Community Complex Prince Charles Secondary School Burns Park Centennial Park Dodd's Cr. Park Creston Education Centre Millennium Park Schikurski Park Adam Robertson Elementary School A primary public entry to a Cannabis retail store, Cannabis operation, or Medical marihuana production facility use may not be established within the 150m Buffer from Schools or Parks, as indicated on this map. 58 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 SCHEDULE C - CHS ZONE SITE SPECIFIC RESIDENTIAL USE SCHEDULE C - CHS ZONE SITE SPECIFIC RESIDENTIAL USE List of Lots The following are the Lots in the Commercial Highway Service (CHS) Zone referred to in Part 7.10 of this Bylaw, being the Lots on which Single family and Multi-family dwellings are permitted, if existing on August 11, 2015: Civic Address Legal Description Number of Units Existing on Aug. 11/15 1205 Northwest Blvd. Lot 1, District Lot 9554, Kootenay District, Plan 4186, PID: 014-919-940 1 Single family dwelling 1227 Northwest Blvd. Lot 2, District Lot 9554, Kootenay District, Plan 11764, PID: 012-690-431 1 Single family dwelling 1234 Northwest Blvd. Lot 1, District Lot 892, Kootenay District, Plan NEP18787, PID: 015-854-744 1 Single family dwelling 1236 Northwest Blvd. Lot 2, District Lot 892, Kootenay District, Plan NEP18787, PID: 015-854-752 1 Single family dwelling 1238 Northwest Blvd. Lot 1, District Lot 892, Kootenay District, Plan 6397, PID: 011-159-693 1 Single family dwelling 1310 Northwest Blvd. Lot 1, District Lot 892, Kootenay District, Plan 4089, PID: 008-449-953 1 Single family dwelling 1314 Northwest Blvd. Lot B, Block B, District Lot 892, Kootenay District, Plan 2175, except Plans 4089, NEP66106, NEP85264, EPP15695 and EPP38286, PID: 015-418-359 1 Single family dwelling 1322 Northwest Blvd. Lot A, District Lot 892, Kootenay District, Plan 2175, except Plans 5225 and NEP61409, PID: 015-452-212 2 Single family dwelling 1329 Northwest Blvd. Lot 4, District Lot 892, Kootenay District, Plan 2177, PID: 011-127-287 3 Single family dwelling 1333 Northwest Blvd. Lot 3, District Lot 892, Kootenay District, Plan 2177, except Plan 6897, PID: 015- 532-810 1 Single family dwelling 1432 Northwest Blvd. Parcel B (See 95111-I) of Lot 1, District Lot 892, Kootenay District, Plan 1256, PID: 009-913-335 1 Single family dwelling 1435 Northwest Blvd. Lot 4, District Lot 892, Kootenay District, Plan 4088, PID: 012-835-737 1 Single family dwelling 1437 Northwest Blvd. Lot 1, District Lot 892, Kootenay District, Plan 2926, except Plan 4260, PID: 015- 029-964 1 Single family dwelling 1505 Northwest Blvd. Lot 1, District Lot 892, Kootenay District, Plan 4260, PID: 014-953-463 9 Apartment dwellings 1506 Northwest Blvd. Lot 2, District Lot 892, Kootenay District, Plan 16809: PID: 006-782-906 1 Single family dwelling and 7 Multi- family dwellings 1515 Northwest Blvd. Lot B, District Lot 892, Kootenay District, Plan NEP23747, PID: 023-703-407 1 Single family dwelling 1516 Northwest Blvd. Lot A, District Lot 892, Kootenay District, Plan 13647, PID: 010-631-216 1 Single family dwelling and 9 Apartment dwellings BL#1986 59 TOWN OF CRESTON ZONING BYLAW NO. 1958, 2022 SCHEDULE C - CHS ZONE SITE SPECIFIC RESIDENTIAL USE Civic Address Legal Description Number of Units Existing on Aug. 11/15 1524 Northwest Blvd. Lot A, District Lot 892, Kootenay District, Plan 7977, PID: 009-939-377 1 Single family dwelling 1525 Northwest Blvd. Parcel A (See XF27588), District Lot 892, Kootenay District, Plan 2926, PID: 017- 963-966 1 Single family dwelling 1531 Northwest Blvd. Lot 5, District Lot 892, Kootenay District, Plan 2926, PID: 015-036-154 1 Single family dwelling 1539 Northwest Blvd. Lot 5A, District Lot 892, Kootenay District, Plan 2926, PID: 009-937-731 1 Single family dwelling Appendix "1" to Consolidated Bylaw No. 1958 INDEX OF AMENDING BYLAWS Bylaw #1961 ................................................ Adopted October 11, 2022 Bylaw #1975 ................................................ Adopted August 22, 2023 Bylaw #1977 ................................................ Adopted March 12, 2024 Bylaw #1980 ................................................ Adopted September 26, 2023 Bylaw #1986 ................................................ Adopted March 12, 2024 Bylaw #2006 ................................................ Adopted April 23, 2024 Bylaw #2007 ................................................ Adopted June 4, 2024 Bylaw #2011 ................................................ Adopted January 14, 2025 Bylaw #2023 ................................................ Adopted February 25, 2025 Bylaw #2027 ................................................ Adopted May 13, 2025 Bylaw #2038 ................................................ Adopted October 14, 2025 NOTE TO USERS "WHEREAS each bylaw consolidation shall be proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of passage of the original and all amending bylaws", pursuant to 'Authority to Consolidate Municipal Bylaws No. 1533', which was adopted on the 11th day of June, 2001.