Zoning Bylaw No. 3166, 2017 (Consolidated June 23, 2025)
Duncan, British Columbia
· adopted 2017-08-04
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City of Duncan
Zoning Bylaw No. 3166, 2017
(With Amendments to June 23, 2025)
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and applications of the bylaws of this subject
Bylaw No. 3166.01, 2020 - Adopted August 17, 2020
Bylaw No. 3166.02, 2021 - Adopted November 15, 2021
Bylaw No. 3166.03, 2022 - Adopted December 12, 2022
Bylaw No. 3166.04, 2024 - Adopted April 15, 2024
Bylaw No. 3166.05, 2024 - Adopted June 3, 2024
Bylaw No. 3166.06, 2024 - Adopted June 17, 2024
Bylaw No. 3166.08, 2025 - Adopted June 23, 2025
Bylaw No. 3166.09, 2025 - Adopted June 23, 2025
Bylaw No. 3166.10, 2025 - Adopted February 10, 2025
Bylaw No. 3166.11, 2025 - Adopted May 12, 2025
Zoning Bylaw No. 3166, 2017
THIS PAGE IS INTENTIONALLY BLANK
TABLE OF CONTENTS
Page 4
City of Duncan Zoning Bylaw No. 3166
Table of Contents
PART 1 - ADMINISTRATION ........................................................................................................ 7
1.1
Citation ...................................................................................................................................... 7
1.2
General Compliance .................................................................................................................. 7
1.3
Penalty ...................................................................................................................................... 8
1.4
Zone Boundaries ........................................................................................................................ 9
1.5
Schedules and Figures ............................................................................................................... 9
1.6
Interpretation ............................................................................................................................ 9
1.7
Severability ................................................................................................................................ 9
1.8
Repeal........................................................................................................................................ 9
PART 2 - ESTABLISHMENT OF ZONES ...................................................................................... 10
2.1
Residential Zones .................................................................................................................... 10
2.2
Commercial Zones ................................................................................................................... 10
2.3
Community Use Zones ............................................................................................................. 10
PART 3 - GENERAL REGULATIONS ............................................................................................ 11
Land Uses .................................................................................................................................. 11
3.1
Uses Permitted in All Zones ..................................................................................................... 11
3.2
Uses Prohibited in All Zones .................................................................................................... 11
3.3
Accessory Uses ........................................................................................................................ 11
3.4
Shipping Containers ................................................................................................................ 12
3.5
Temporary Uses ...................................................................................................................... 12
3.6
Urban Food Gardens ............................................................................................................... 13
3.7
Swimming Pools ...................................................................................................................... 13
Height and Siting ..................................................................................................................... 13
3.8
Fence Height............................................................................................................................ 13
3.9
Building Height ........................................................................................................................ 14
3.10
Height Exemptions .................................................................................................................. 14
3.11
Building Separations ............................................................................................................... 14
3.12
Projections into Yards.............................................................................................................. 15
3.13
Mechanical Equipment............................................................................................................ 15
3.14
Setbacks to Public Roads ......................................................................................................... 15
3.15
Visibility at Intersections ......................................................................................................... 16
3.16
Riparian Area Protection ......................................................................................................... 17
3.17
Backyard Hens ......................................................................................................................... 17
Residential Accessory Businesses ........................................................................................... 17
3.18
Home-Based Business ............................................................................................................. 17
3.19
Bed and Breakfast ....................................................................... Error! Bookmark not defined.
3.20
Residential Daycare ................................................................................................................. 18
Landscaping, Screening and Site Features ............................................................................ 19
3.21
Landscaping ............................................................................................................................ 19
3.22
Screening ................................................................................................................................. 19
3.23
Procedure .................................................................................... Error! Bookmark not defined.
3.24
Care and Maintenance ................................................................ Error! Bookmark not defined.
3.25
Recycling and Garbage Storage Facilities ............................................................................... 20
Parking and Off-Street Loading ............................................................................................. 20
TABLE OF CONTENTS
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City of Duncan Zoning Bylaw No. 3166
3.26
Parking and Off-Street Loading Areas ..................................................................................... 20
3.27
Access to Parking Areas .......................................................................................................... 20
3.28
Surfacing and Construction Standards .................................................................................... 21
3.29
Visitor Parking ......................................................................................................................... 22
3.30
Minimum Off-Street Parking ................................................................................................... 22
3.31
Dimensions of Parking Spaces ................................................................................................. 22
3.32
Bicycle Parking ........................................................................................................................ 23
3.33
Minimum Off-Street Loading .................................................................................................. 24
3.34
Commercial and Stored Vehicles ............................................................................................. 24
3.35
Downtown Parking Area ......................................................................................................... 24
3.36
Parking for Persons with Disabilities Requirements ................................................................ 25
PART 4 - RESIDENTIAL ZONES .................................................................................................. 26
Low Density Residential Zone ................................................................................................ 26
4.1
Intent ....................................................................................................................................... 26
4.2
Permitted Uses ........................................................................................................................ 26
4.3
Development Regulations ....................................................................................................... 26
4.4
Subdivision Regulations .......................................................................................................... 27
Medium Density Residential Zone ......................................................................................... 28
4.5
Intent ....................................................................................................................................... 28
4.6
Permitted Uses ........................................................................................................................ 28
4.7
Development Regulations ....................................................................................................... 28
4.8
Conditions of Use and Subdivision Regulations ...................................................................... 30
High Density Residential Zone ............................................................................................... 32
4.9
Intent ....................................................................................................................................... 32
4.10
Permitted Uses ........................................................................................................................ 32
4.11
Development Regulations ....................................................................................................... 32
4.12
Conditions of Use and Subdivision Regulations ...................................................................... 34
PART 5 - COMMERCIAL ZONES ................................................................................................. 35
Downtown Comprehensive Zone ........................................................................................... 37
5.1
Intent ....................................................................................................................................... 37
5.2
Permitted Uses ........................................................................................................................ 37
5.3
Development Regulations ....................................................................................................... 38
5.4
Subdivision Regulations .......................................................................................................... 39
5.5
Site Specific Uses ..................................................................................................................... 39
Neighbourhood Commercial Zone ........................................................................................ 41
5.6
Intent ....................................................................................................................................... 41
5.7
Permitted Uses ........................................................................................................................ 41
5.8
Development Regulations ....................................................................................................... 41
5.9
Subdivision Regulations .......................................................................................................... 43
5.10
Site Specific Uses ..................................................................................................................... 43
Highway Corridor Commercial Zone ..................................................................................... 44
5.11
Intent ....................................................................................................................................... 44
5.12
Permitted Uses ........................................................................................................................ 44
5.13
Development Regulations ....................................................................................................... 44
5.14
Subdivision Regulations .......................................................................................................... 45
5.15
Site Specific Uses and Development Regulations .................................................................... 45
TABLE OF CONTENTS
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City of Duncan Zoning Bylaw No. 3166
PART 6 - COMMUNITY USE ZONES .......................................................................................... 53
Community Service Zone ........................................................................................................ 53
6.1
Intent ....................................................................................................................................... 53
6.2
Permitted Uses ........................................................................................................................ 53
6.3
Development Regulations ....................................................................................................... 53
6.4
Subdivision Regulations .......................................................................................................... 54
6.5
Site-Specific Development Regulations ................................................................................... 54
Community Park Zone ............................................................................................................ 56
6.6
Intent ....................................................................................................................................... 56
6.7
Permitted Uses ........................................................................................................................ 56
6.8
Development Regulations ....................................................................................................... 56
PART 7 - DEFINITIONS ............................................................................................................... 57
ADOPTION ................................................................................................................................... 76
SCHEDULE A - ZONING MAP ..................................................................................................... 77
ADMINISTRATION
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Administration
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City of Duncan Zoning Bylaw No. 3166
The City of Duncan Zoning Bylaw
Bylaw No. 3166
A BYLAW TO REGULATE THE USE OF LAND, BUILDINGS AND STRUCTURES; REQUIRE OFF-STREET
PARKING AND LOADING SPACES; AND ESTABLISH STANDARDS FOR THE PROVISION OF
LANDSCAPING AND SCREENING.
PART 1 - ADMINISTRATION
NOW THEREFORE the Council of the City of Duncan in an open meeting assembled hereby
enacts as follows:
1.1
Citation
1.1.1
This bylaw may be cited as "Zoning Bylaw 3166, 2017".
1.2
General Compliance
1.2.1
No person may use, occupy or permit a person to use or occupy land, a building or a
structure in contravention of this Bylaw.
1.2.2
No person may subdivide land in contravention of this Bylaw.
1.2.3
Nothing in this Bylaw relieves any person from the responsibility to comply with other
legislation that applies to matters regulated in this Bylaw.
1.2.4
Every use of land, water, buildings and structures permitted in a zone must conform to
all the regulations of the applicable zone and all regulations of this Bylaw.
1.2.5
For the purpose of this Bylaw, all uses not listed as permitted uses are deemed to be
prohibited in that zone.
1.2.6
A continuation of a non-conforming use, building or structure shall be subject to the
provisions of the Local Government Act.
1.2.7
Where a Bylaw Enforcement Officer observes that a contravention of this Bylaw has
occurred, the Bylaw Enforcement Officer may issue to such person an Order to Comply
with the requirements of this Bylaw.
1.2.8
A Bylaw Enforcement Officer or Building Inspector may enter onto property that is
subject to the regulations of this Bylaw in accordance with the Community Charter and
any other applicable legislation.
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City of Duncan Zoning Bylaw No. 3166
1.2.9
Service of an Order to Comply referred to in subsection 1.2.7 will be sufficient if a copy
of the order is:
a) mailed, by registered mail, to the address of the owner shown on the current
property assessment roll;
b) delivered to the owner or occupier of the property, or placed in a mailbox, or
other receptacle for the receipt of mail, on the property; or
c) posted on the property.
1.2.10 An Order to Comply under subsection 1.2.7 must state:
a) the civic address of the subject property;
b) the legal description of the subject property;
c) the particulars of the non-compliance with this Bylaw to be remedied; and
d) the deadline for remedying the non-compliance with this Bylaw.
1.2.11 If the owner or occupier of property fails to comply with the Bylaw Enforcement Officer's
Order to Comply within the time period specified, the City, by its workers or others,
may at all reasonable times and in a reasonable manner, enter the property and bring
about such compliance at the cost of the defaulting owner. Such costs shall consist of
all costs and expenses incurred by the City to achieve compliance with this Bylaw.
1.2.12 If the owner or occupier of property defaults in paying the cost referred to in subsection
1.2.11 within 30 days after receipt of an invoice from the City, the City may either
recover from the owner or occupier in any court of competent jurisdiction the cost as
a debt to the City, or if unpaid on December 31 of the year in which the work was
performed, may be added to and form part of the taxes payable on that property as
taxes in arrears.
1.2.13 Service of an invoice for payment referred to in subsection 1.2.12 will be sufficient if a
copy is served personally, or mailed by regular mail, to the owner of the property as
shown on the current property assessment roll.
1.3
Penalty
1.3.1
The provisions of this Bylaw may be enforced by any City Bylaw Enforcement Officer.
1.3.2
Each day that a contravention of this Bylaw continues constitutes a separate offence.
1.3.3
Any person who contravenes any provisions of this bylaw or who suffers or permits any
act or thing to be done in contravention of this bylaw or who refuses or omits or
neglects to fulfill, observe, carry out or perform any duty imposed by this bylaw shall
be liable on summary conviction to a fine not exceeding Ten Thousand Dollars
($10,000) for each offence.
1.3.4
Contraventions to this Bylaw are subject to fines contained within the "Bylaw Offence
Notice Enforcement Bylaw" and the "Municipal Ticketing Information System
Implementation Bylaw".
ADMINISTRATION
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City of Duncan Zoning Bylaw No. 3166
1.4
Zone Boundaries
1.4.1
Unless otherwise identified in Schedule A - Zoning Map of this Bylaw, the zoning
adjacent to a highway or lane applies to the highway or lane, up to the centerline of
the highway or lane.
1.5
Schedules and Figures
1.5.1
Schedule A attached to the Bylaw forms part of the Bylaw.
1.5.2
Figures form part of the Bylaw.
1.6
Interpretation
1.6.1
A term that is italicized in this Bylaw, other than legislation, is defined within the
definitions section of this Bylaw.
1.6.2
The intent section in each zone is provided for information only and does not form
part of the Bylaw.
1.6.3
Diagrams and illustrations in this Bylaw are provided only as examples to illustrate a
regulation or term, and are not exclusive, exhaustive or restrictive, and in the event of
any inconsistency with the text, the text shall govern.
1.6.4
References to zones in this Bylaw that are listed only by the zone designation mean the
same as the zone listed by its full title and number.
1.6.5
All dimensions and measurements in this Bylaw are expressed in the Standard
Interpretation Units (metric) system as follows:
(a) metres (m)
(b) square metres (m2)
(c) kilograms (kg)
1.7
Severability
1.7.1
If any provision of this Bylaw is for any reason held to be invalid by a decision of a
court of competent jurisdiction, that provision must be severed, and the remainder of
this Bylaw must continue in full force and effect.
1.8
Repeal
1.8.1
City of Duncan "Zoning Bylaw No. 1540, 1988", "Off-Street Parking and Loading Spaces
Bylaw No. 3098, 2013", "Screening and Landscaping Regulation Bylaw No. 3112, 2014",
"Fencing (Barbed Wire) Bylaw No. 607, 1955", "Payment In Lieu of Parking Bylaw No.
1784, 1996", and all amendments thereto are hereby repealed.
3166.11
ESTABLISHMENT OF ZONES
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Establishment of Zones
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City of Duncan Zoning Bylaw No. 3166
PART 2 - ESTABLISHMENT OF ZONES
For the purposes of this Bylaw, the City is divided into the following zones, as designated in
Schedule A of this Bylaw:
2.1
Residential Zones
Residential Zones
Low Density Residential Zone
LDR
Medium Density Residential Zone
MDR
High Density Residential Zone
HDR
Highway Corridor Commercial 2 Zone
HCC2
Highway Corridor Commercial 3 Zone
HCC3
2.2
Commercial Zones
Commercial Zones
Downtown Comprehensive Zone
DTC
Neighbourhood Commercial Zone
NC
Highway Corridor Commercial Zone
HCC
2.3
Community Use Zones
Community Use Zones
Community Services Zone
CS
Community Park Zone
CP
3166.08
3166.09
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City of Duncan Zoning Bylaw No. 3166
PART 3 - GENERAL REGULATIONS
PART 2 -
Land Uses
3.1
Uses Permitted in All Zones
3.1.1
The following uses are permitted in all zones:
(a) Accessory buildings and structures;
(b) Community Care Facility for no more than 10 persons;
(c) Transition House for no more than 10 persons;
(d) Transportation corridors;
(e) Trails;
(f)
Urban Food Gardens; and
(g) Utilities.
3.2
Uses Prohibited in All Zones
3.2.1
Except as otherwise stated in this Bylaw, the following uses are prohibited in all zones:
(a) Auto wrecking;
(b) Industrial Activity;
(c) Kennel;
(d) Marijuana Operations;
(e) Storage of one or more Derelict Motor Vehicles;
(f)
Parking, storage or commercial use in a fabric covered structure;
(g) Storage Yard as a principal use;
(h) Temporary Accommodation, except where expressly permitted as a Transition
House, Bed and Breakfast or Tourist Accommodation; and
(i)
Residential use of a mobile home or recreational vehicle or other temporary
structure.
3.3
Accessory Uses
3.3.1
Accessory uses and accessory buildings are permitted in every zone if:
(a) a principal use is in existence on the parcel, or
(b) a building for a principal use has been constructed on the parcel, or is in the
process of being constructed pursuant to an active Building Permit.
3.3.2
Despite the minimum setbacks specified in each zone, one (1) accessory building or
structure may be sited not less than 1 m from an interior side or rear parcel line if:
(a) the accessory building or structure has a gross floor area less than 10 m2;
(b) the accessory building or structure is placed directly on the ground or on non-
permanent foundation blocks or footings; and
(c) the height of the accessory building or structure does not exceed 3 m.
3.3.3
Small wind energy systems and solar collectors are permitted accessory structures in all
zones, but must be sited at least 4 m from all parcel lines and are not permitted within
a front yard or exterior side yard.
3166.11
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City of Duncan Zoning Bylaw No. 3166
3.3.4
An accessory building must not
(a) be used as a dwelling unit;
(b) contain bathing facilities; and
(c) have more than two (2) plumbing fixtures that require drainage, unless its use
as a detached secondary suite is expressly permitted by the regulations under
this Bylaw that apply to the zone in which the accessory building is located.
3.4
Shipping Containers
3.4.1
Shipping containers may only be placed permanently on a parcel in accordance with
the following:
(a) One (1) shipping container is permitted per parcel zoned Community Services
(CS) for use as an emergency preparedness kiosk.
(b) One (1) shipping container is permitted per parcel as an accessory use within
the Low Density Residential Zone (LDR), Downtown Comprehensive Zone
(DTC) or the Neighbourhood Commercial Zone (NC) if the container is
completely clad in wood or cement board siding in a colour complementary
to the existing single-unit dwelling or principal building, covered by a shed or
gable roof with a pitch of not less than 4:12, ventilated to permit internal air
exchange, and sited in accordance with setback requirements for accessory
buildings.
3.4.2
Shipping containers may be placed temporarily on a parcel only for the temporary
storage of tools and materials during the construction or maintenance of a utility,
building or structure pursuant to a Building Permit that has not expired, but the
shipping container must be removed prior to the issuance of any occupancy permit for
the building or structure.
3.4.3
Nothing in this Bylaw prohibits the use of shipping containers as a construction material
for the construction of residential or commercial buildings pursuant to a design
prepared by a professional Architect and sealed by a professional Structural Engineer.
3.5
Temporary Uses
3.5.1
Temporary accommodation in a recreational vehicle is permitted during the
construction of a building or structure pursuant to a Building Permit that has not
expired, on the parcel that is the subject of the Building Permit, but the
accommodation in the recreational vehicle must be discontinued before the issuance
of any occupancy permit for the building or structure.
3.5.2
The temporary use of a building as a campaign headquarters for a political candidate
is permitted in any zone for the duration of the campaign up to and including days
remaining in the month following general election day.
3.5.3
Temporary buildings or structures are permitted as follows:
(a) shelter for construction or maintenance crews engaged in work on the parcel
on which the temporary building or structure is placed, or an abutting parcel;
3166.05
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City of Duncan Zoning Bylaw No. 3166
(b) a sales office for development placed on a parcel under active development,
or a lot contiguous to the parcel under active development, provided the office
does not exceed a gross floor area of 70 m2; and
(c) the storage on a parcel of materials for the construction or maintenance on
that parcel of any utility, building or structure for which a Building Permit has
been issued and has not expired, but any remaining materials must be
removed before the issuance of any occupancy permit for the building or
structure.
3.6
Urban Food Gardens
3.6.1
An urban food garden is permitted in all zones provided that:
(a) the total area which may be under cultivation on any parcel zoned for Multi-
Unit Residential or Commercial use does not exceed 600 m2;
(b) production does not include growing and harvesting mushrooms or marijuana;
and
(c) no artificial lighting, pesticides or herbicides are used.
3.7
Swimming Pools
3.7.1
Swimming pools must be enclosed by a fence between 1.5 m and 1.8 m in height and
designed so that it does not facilitate climbing, and where gates provide access to the
pool area they must be self-closing, be operated by hinges and a latch and be able to
be opened freely only from the inside.
Height and Siting
3.8
Fence Height
3.8.1
Fence height is determined by measuring vertically from either natural grade or finished
grade, whichever is lower, to the highest portion of the fence.
3.8.2
Decorative fence post caps with a height not greater than 0.1 m, and entrance arbours
are excluded from the calculations of fence height.
3.8.3
Retaining walls, or portions thereof, are considered fences for the purposes of
section 3.9.
3.8.4
The maximum fence height is as follows:
Zones
Front Yard or Exterior Side Yard
Rear Yard or Interior Side Yard
Residential
1.2 m
2 m
Commercial
Not permitted in either yard or
between the front face or exterior side
yard face of the building and the parcel
line.
2 m
Community Use
1.2 m
2 m
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City of Duncan Zoning Bylaw No. 3166
3.8.5
Despite subsection 3.9.4, fences are permitted where required for screening in
accordance with section 3.23.
3.8.6
Where deemed necessary for the construction of a building, as determined by the
Building Inspector, a guardrail up to 1.07 m in height may be excluded from the total
calculation of fence height.
3.8.7
Despite subsection 3.9.4, within the Residential and Commercial zones, no fence shall
exceed a height of 2 m in any portion of the parcel not otherwise defined as a yard.
3.8.8
Despite subsection 3.9.4, no fence shall be located within any portion of the front yard
of any parcel in Plan 12568, Section 17, Range 5, Quamichan District (also known as
Centennial Heights).
3.8.9
A fence on a parcel zoned residential, commercial, community services or park must
not include barbed wire, razor wire, electric wire, ultra-barrier, or any other material
intended to deter trespass by threat or cause of personal injury to any animal or person
who may come into contact with the fence.
3.9 Building Height
3.9.1
Building height is calculated as distance measured vertically from the average finished
grade or average natural grade, whichever is less, recorded at the outermost corners
of the building, to the highest part of the building. The City may require an applicant
for a Building Permit for a building or structure to engage a B.C. Land Surveyor to
establish grade for the purposes of such measurement.
3.10 Height Exemptions
3.10.1 Green building systems, green roofs, solar collectors, and small wind energy systems
(including the blades), church spires, civic clock towers, church belfries, civic
monuments, fire or hose towers, chimneys, transmission towers, aerials, flagpoles,
rooftop water tanks, elevator penthouses and mechanical equipment components and
enclosures are exempt from the maximum height regulations in this Bylaw if:
(a) enclosures or structural elements cover no more than 20% of the parcel or, if
located on a building, not more than 10% of the roof area, with the exception
of a green roof and solar collectors; and
(b) those structures do not exceed twice the maximum height when they are in a
residential zone.
3.10.2 Where a development permit issued by the City authorizes amenity spaces on the roof
of a building that are shared by occupants of a building, those amenity spaces and
associated features, as detailed in the development permit, are exempt from maximum
building height regulations.
3.11 Building Separations
3.11.1 Accessory buildings, regardless of zone, must be sited at least 1.2 m from a principal
dwelling unit or principal building measured between the exterior wall faces or
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City of Duncan Zoning Bylaw No. 3166
supporting structures of each building.
3.11.2 Detached secondary suites must be sited at least 2.5 m from a principal dwelling unit,
measured between the foundations of each building.
3.12 Projections into Yards
3.12.1 Except as otherwise permitted in this bylaw, the minimum parcel line setbacks in Parts
4 to 6 of this bylaw do not apply, to the extent indicated, to the following features:
Feature
Maximum Permitted Projection
Eave, exterior finish, green wall, gutter, cornice,
sunlight control projection
0.6 m
Chimney
0.75 m
Steps and landing
2 m
Porch
2 m into a front or exterior side yard only
Open Deck
2 m into a rear yard only
3.12.2 Rainwater harvesting structures, equipment and apparatus, including rain barrels and
cisterns, that do not require a Building Permit may be sited within the required parcel
line setbacks.
3.12.3 Wheelchair ramps, children's play equipment, landscape buffers, fences, retaining walls
or other landscape features, above-ground swimming pools and clothesline poles may
be sited within the required parcel line setbacks.
3.12.4 In-ground swimming pools have a minimum parcel line setback of 1.5 m.
3.12.5
Structures that are solely used for weather protection for short-term bicycle
parking may be sited within the required parcel line setbacks, provided that the
structure is limited to a roof with supporting posts and is not enclosed with walls
and provided that drainage from the structure is directed away from adjoining
parcels and highways.
3.13 Mechanical Equipment
3.13.1 Ground or wall-affixed mechanical equipment may only be placed in the interior side
yard, exterior side yard, or rear of a building.
3.13.2 Despite Subsection 3.14.1, mechanical equipment must be located a minimum of 4 m
from an interior side parcel line, exterior side parcel line or rear parcel line.
3.13.3 Where mechanical equipment is located in the exterior side yard, it must be screened
from view by landscaping or decorative fence enclosure not exceeding the maximum
fence height.
3.14 Setbacks to Public Roads
3.14.1 Where a parcel abuts a highway with a dedicated width of less than 12 m, or a
3166.11
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Downtown Road (as identified in Figure 3.15.1) an additional 1.5 m front setback or
exterior side setback is required.
Figure 3.15.1: Setbacks to Public Roads Map
3.15 Visibility at Intersections
3.15.1 Despite any other regulation in this bylaw, where two highways intersect there must
be no visual obstruction, either by buildings, structures or vegetation, to the line of
vision between 1 m and 3 m above grade in the area of any corner parcel bounded by
the intersecting parcel lines and a line joining each of the parcel lines 6 m from their
point of intersection (as identified in Figure 3.16.1).
Downtown Roads Requiring an Additional 1.5 m Setback
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Figure 3.16.1: An illustration of the line of vision at the point of intersection
3.16 Riparian Area Protection
3.16.1 The minimum setback for all buildings and structures from the present natural boundary
of the Cowichan River and its tributaries is 30 m.
3.17 Backyard Hens
3.17.1 A maximum of six (6) hens may be kept on a parcel within the Low Density Residential
Zone where the lot is greater than 450 m2, provided that the owner or occupier of the
parcel registers the hens with the City in accordance with the Animal Regulation and
Impounding Bylaw;
3.17.2 A backyard hen enclosure consisting of a coop and pen must be provided and
maintained in accordance with the Animal Regulation and Impounding Bylaw, and
must be:
a)
located not less than 2.5 m from the rear parcel line, exterior side parcel
line and interior side parcel lines;
b)
located not less than 3 m from any door or window of a dwelling unit;
c)
located within the rear yard of the parcel; and
d)
not more than 3 m in height.
Residential Accessory Businesses
3.18 Home-Based Business
3.18.1 No more than two (2) home-based businesses are permitted per dwelling unit or in the
case of single-unit dwelling with an attached secondary suite or detached secondary
suite, not more than two (2) home-based businesses per parcel.
3.18.2 A home-based business is limited as follows:
Regulations
Home-Based Business
Maximum number of non-resident
employees
1
Maximum area of a home-based business
(including storage) in dwelling unit or
accessory building
40% of the dwelling unit up to 50 m2 ; or
40% of an accessory building up to 50 m2.
Where combined, not more than 70 m2 total.
Maximum number of motor vehicles
associated with the home-based business
1
3.18.3 A home-based business must not involve any of the following:
(a) Automobile Repair Service or autobody;
(b) Retail sale of goods that are not directly associated with the home-based
business or that are not produced on the parcel;
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(c) Outdoor storage;
(d) Marshaling or storage of motor vehicles; or
(e) Odours, vapours, heat, glare, electrical interference, or recurring ground
vibrations that cross a parcel line.
3.18.4 A home-based business in a multi-unit dwelling or multi-unit rowhouse must not involve
the following:
(a)
the presence of clients, patrons, customers or employees on the
premises as a function of its regular business activity, unless they are
permanent residents of the premises; and
(b)
advertisement by means of a sign.
3.19 Short-Term Rentals
3.19.1 Where permitted in a zone, a short-term rental is only permitted subject to compliance
with all requirements and provisions of the Short-Term Rental Accommodations Act
and this bylaw.
3.19.2 A short-term rental is only permitted in a single-unit dwelling, attached secondary suite,
or detached secondary suite.
3.19.3 The maximum number of short-term rentals per parcel or entire building strata is one
(1).
3.20 Residential Daycare
3.20.1 No more than one (1) residential daycare is permitted on a parcel.
3.20.2 A residential daycare is only permitted in a single-unit dwelling, an accessory building,
or an outdoor play space, on a parcel containing no other dwelling units.
3.20.3 A residential daycare is limited to:
(a) 40% of the gross floor area of the single-unit dwelling or accessory building
in which it is contained; and
(b) 70 m2 of floor area where a daycare is contained within both the single-
unit dwelling and an accessory building.
3.20.4 A residential daycare may be operated only by a resident of the parcel containing the
residential daycare and up to one (1) employee.
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Landscaping, Screening and Site Features
3.21 Landscaping
3.21.1 The following requirements, standards, and regulations for the provision of
landscaping, which, by necessity, include the ongoing upkeep and maintenance of such
landscaping, are established for the purpose of preserving, restoring, and enhancing
the natural environment and preventing hazardous conditions:
(a) Where landscaping is required and has been installed and planted in accordance
with the City's Works and Services Bylaw or with a development permit issued by
the City, the area occupied by the landscaping is specifically reserved for
landscaping and must not be used for or occupied by any other use, unless
permitted by the City through a development permit, development permit
amendment, or other written City approval.
(b) The landscaping referred to in this section has inherent ecological and biodiversity
value in the context of the natural environment, and also serves to help prevent
hazardous conditions resulting from climate change, including providing shade
and managing the urban heat effect during extreme heat events and mitigating
the impacts of storm events, and as such, must not be removed, displaced, or
altered in any way without permission from the City to do so through a
development permit, development permit amendment, or other written City
approval.
(c) To regulate situations where an owner has provided the landscaping referred to
in in this section, but fails to take reasonably necessary actions required to ensure
the survivability of the landscaping, the City views maintenance of landscaping as
an inherent and necessary element of the "provision" of landscaping, and as such,
landscaping referred to in this section must be kept up, watered, and otherwise
cared for in accordance with landscape care best practices and, in the event that
such landscaping dies, the landscaping must immediately be replaced and
provided in accordance with the original landscape design, unless an alternative
landscape design is approved by the City through a development permit,
development permit amendment, or other written City approval.
3.22 Screening
3.22.1 On all commercially-zoned parcels, a minimum 1 m wide landscape buffer comprised
of both fencing and plants for the entire length of the buffer must be established
adjacent to residentially-zoned parcels for screening.
3.22.2 All rooftop and grade-level mechanical equipment and electrical equipment must be
fully screened (utilizing vegetation or decorative fencing) from view from any highway
or adjacent multi-unit residential use building.
3.22.3 Despite Subsection 3.23.2, grade-level pad-mounted transformers that cannot be
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screened by plants or decorative fencing must be covered in a decorative wrap.
3.23 Recycling and Garbage Storage Facilities
3.23.1 All commercial, institutional, mixed use or multi-unit residential use buildings must
provide a recycling and garbage collection facility that is either completely contained
within the principal building or fully screened and accessible from a driveway or lane
at an outdoor location on the parcel.
Parking and Off-Street Loading
3.24 Parking and Off-Street Loading Areas
3.24.1 Off-street parking spaces required by this bylaw must not be obstructed in any way by
garbage receptacles, structures, derelict motor vehicles, refuse, equipment, or materials
which interfere with the ability of the parking space to serve its function.
3.24.2 Off-street parking spaces, off-street loading spaces, drive aisles and accesses for all uses
except single-unit dwellings must be hard-surfaced.
3.24.3 Off-street parking spaces and off-street loading spaces must be provided on the same
parcel as the use for which the spaces are required.
3.24.4 In all commercial zones, off-street parking is not permitted between the face of a street-
oriented principal building and the front parcel line or exterior side parcel line.
3.24.5 Where the minimum number of off-street parking spaces includes a fractional unit of
0.5 or more, that fractional unit is considered one off-street parking space.
3.24.6 Off-street parking spaces must not be less than 1 m from any highway.
3.24.7 Off-street parking spaces must have a vehicle stop within each parking space not less
than 0.3 m from the front end of the parking space, except where the front end of a
parking space abuts the rear end of another parking space.
3.25 Access to Parking Areas
3.25.1 Driveway access or egress shall be not less than 15 m from the nearest point of
intersection of two highways.
3.25.2 Unless otherwise specified within a zone, no parking space shall be accessed directly
from a highway.
3.25.3 Parking spaces shall be laid out so as to permit unobstructed access to and egress
from each parking space at all times.
3.25.4 Despite subsection 3.28.3, parking spaces for a single-unit dwelling containing an
attached or detached secondary suite may be arranged such that one space is located
behind the other space with a common or shared point of access to a highway.
3.25.5 The following standards for works and services are established for the provision of
shared driveway accesses:
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a) Where a parcel abuts a downtown road (as identified in Figure 3.25.5) and has
a parcel frontage of less than 40 m, driveway access across a front parcel line
shall not be permitted unless in conjunction with the provision of shared access
to parking areas with neighbouring parcels, where the combined frontage is
equal to or greater than 40 m.
b) Where an easement has been provided to accommodate driveway access over
one parcel to a neighbouring parcel, development on the neighbouring parcel
must only use the shared driveway access, and, if the existing easement does
not include maintenance obligations for the neighbouring parcel, the owner of
neighbouring parcel must register a new easement with shared maintenance
obligations, proportional to the scale of development on each parcel.
Figure 3.25.5: Downtown Roads Access Map
3.25.6 No driveway access shall be permitted for commercial use or multi-unit dwellings from
Trunk Road, Coronation Avenue, Jubilee Street from Evans Street to White Road,
Canada Avenue south of Beverly Street, Station Street or Government Street.
3.26 Surfacing and Construction Standards
3.26.1 Where more than three (3) parking spaces are required by this bylaw, the parking area
must be surfaced with asphalt, concrete, paving stones or bricks, or other dust-free,
hard-surfaced material, and each space must be clearly demarcated by surface
markings comprised of paint or alternate surface material.
Downtown Roads Requiring Shared Access to Parking Areas
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3.26.2 Where more than ten (10) parking spaces are required by this bylaw, an oil/water
separator or bioswale, or combination thereof, must be provided. Oil/water separators
must be designed by a Professional Engineer and bioswales must be designed by a
professional Landscape Architect or Professional Engineer.
3.26.3 Lighting must be provided to illuminate any parking area and be installed so that light
is downcast and adequately covers the parking area and does not spill over onto
adjacent properties.
3.27 Visitor Parking
3.27.1 Where a parcel contains a development with 10 or more dwelling units, one (1) space
of every 20 required parking spaces or portion thereof, shall be identified and
maintained as visitor parking.
3.28 Minimum Off-Street Parking
3.28.1 Off-street parking spaces for motor vehicles must be provided as follows:
3.28.2 Every individual garage or carport in or attached to a dwelling unit in a single-unit
dwelling, two-unit dwelling, or multi-unit rowhouse dwelling must be equipped with a
240 volt electrical outlet (Level 2 charging capabilities).
3.28.3 Multi-unit residential, commercial, or community uses must install one (1) electric
vehicle charging station, minimum Level-2, for every 20 required off-street parking
spaces.
3.29 Dimensions of Parking Spaces
3.29.1 The minimum dimensions of the required off-street parking spaces for motor vehicles
are as follows:
Permitted Use
Minimum Number of Off-street Parking
Spaces
Residential Use
1 per dwelling unit
Affordable Housing
Assisted Living Residential Facility
Community Care Facility
Studio or 1-Bedroom Dwelling Unit in
Downtown Parking Area
Transition House
0.5 per dwelling unit or sleeping unit
Home-Based Business
Residential Daycare
1 per business where public attends
Short-Term Rental
Tourist Accommodation
1 per guest room
Any Other Use
1 per 30 m2 gross floor area
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Standard Vehicle Parking
Dimension
Parking Angle
Parallel
45°
60°
90°
Space Width
2.8 m
2.6 m
2.6 m
2.6 m
Space Length
6.5 m
5.6 m
5.6 m
5.6 m
Aisle Width - One Way
4 m
4 m
5.2 m
6 m
Aisle Width - Two Way
6.5 m
6.5 m
6.5 m
6.5 m
3.29.2 Despite subsection 3.32.1, the minimum dimensions of the required off-street parking
spaces for motor vehicles may be reduced as follows, as permitted by subsections
3.32.3 and 3.32.4.
Small Vehicle Parking
Dimension
Parking Angle
Parallel
45°
60°
90°
Space Width
2.8 m
2.6 m
2.6 m
2.6 m
Space Length
5 m
4.4 m
4.4 m
4.4 m
Aisle Width - One Way
4 m
4 m
5.2 m
6 m
Aisle Width - Two Way
6.0 m
6.0 m
6.0 m
6.5 m
3.29.3 Where a parking area contains more than 12 spaces, up to 30% of the total parking
spaces required by this bylaw may be designed to comply with the standards in
subsection 3.32.2 and each such space must be clearly identified by surface marking
as a small vehicle space only.
3.29.4 Where a parking area contains 12 or fewer spaces, up to 50% of the parking spaces
required by this bylaw may be designed to comply with the standards in subsection
3.32.2 and each such space must be clearly identified by surface marking as a small
vehicle space.
3.29.5 Despite any other provision in this section, where any parking space abuts, along its
length, any portion of a fence, wall or support structure, the minimum stall width shall
be increased by 0.3 m for that stall only and in the case of single parking space in a
garage within a rowhouse an additional 0.6 m shall be provided.
3.30 Bicycle Parking
3.30.1 Bicycle parking must be provided as follows:
Use
Minimum Number of Bicycle Parking Spaces
Short Term Bicycle Parking
(Visitor/Client/Customer)
Long Term Bicycle Parking
(Residential/Employee)
Dwelling, Multiple-Unit
1 two-sided rack per 5 units
1 per unit
Commercial
1 two-sided rack per 200 m2
1 per 200 m2
Community Services
1 two-sided rack per 200 m2
1 per 200 m2
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3.30.2 Short-term bicycle parking must:
(a) be less than 15 m from the main entrance to the principal building;
(b) be visible from the main entrance to the principal building;
(c) be provided in permanently anchored racks;
(d) be well-lit; and
(e) not obstruct pedestrian circulation.
3.30.3 Long-term bicycle parking must
(a) be provided in a dedicated and secure bicycle storage area with bicycle racks
or lockers, which is independently accessible only to residents or employees
of the building; and
(b) be located in close proximity and with access to building entrances.
3.31 Minimum Off-Street Loading
3.31.1 Off-street loading must be provided for commercial buildings as follows:
Gross Floor Area
Minimum Number of Off-Street
Loading Spaces
Minimum Dimensions
Width
Length
Less than 1,000 m2
1 per commercial building
2.6 m
5.8 m
1,000 - 2,000 m2
1 per commercial building
3 m
12 m
Greater than 2,000 m2
2 per commercial building
3 m
12 m
3.31.2 Despite subsection 3.34.1, if a parcel contains multiple commercial buildings, the
minimum number of off-street loading spaces for all commercial buildings with a total
gross floor area of less than 1,000 m2 may be reduced to one (1) in total.
3.32 Commercial and Stored Vehicles
3.32.1 Residentially-zoned parcels must not be used for parking, storing or repairing a
commercial vehicle which has, or at any time has had, a licensed gross vehicle weight
greater than 5,000 kg, as indicated on a present or past commercial vehicle registration.
3.32.2 Residentially-zoned parcels must not be used for parking or storage of recreational
vehicles exceeding 11 m in length;
3.32.3 Residentially-zoned parcels must not be used for parking or storage of watercraft
exceeding 10 m in length;
3.32.4 Parking or storage of motor vehicles for a single-unit dwelling must not exceed a
combined total of four (4) motor vehicles, recreational vehicles, or watercraft, and
parking or storage of motor vehicles for a two-unit dwelling must not exceed a
combined total of six (6) motor vehicles, recreational vehicles, or watercraft.
3.32.5 Residentially-zoned parcels must not be used for parking or storage of more than two
commercial vehicles.
3.33 Downtown Parking Area
3.33.1 The area shaded in Figure 3.36.1 is the Downtown Parking Area referred to in
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subsection 3.31.1. Commercial uses on the first floor of a building in this area are wholly
exempt from parking requirements:
Figure 3.36.1: Downtown Parking Area Map
3.34 Parking for Persons with Disabilities Requirements
3.34.1 For any use required to be accessible to persons with disabilities by the British
Columbia Building Code, a minimum of one (1) parking stall for persons with disabilities
must be provided.
3.34.2 One (1) parking space for persons with disabilities must be provided for the first 20
required parking spaces and one (1) additional space for every 40 required spaces
thereafter.
3.34.3 All parking spaces for persons with disabilities must be:
(a) a minimum of 3.7 m in width and a minimum depth of 5.8 m and a
slope less than 2%;
(b) surfaced with concrete or asphalt to provide ease of access for
wheelchairs;
(c) constructed and located to allow convenient access to the entrance of
a building or use for which the spaces are provided; and
(d) marked by a painted wheelchair symbol on the pavement and signage
in accordance with the Motor Vehicle Act.
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PART 4 - RESIDENTIAL ZONES
Low Density Residential Zone
LDR
4.1
Intent
4.1.1
The intent of the Low Density Residential (LDR) zone is to permit up to four dwelling
units on parcels in a variety of building forms, including attached and detached
secondary suites, single-unit dwellings, two-unit dwellings, multi-unit rowhouse
dwellings, and multi-unit dwellings.
4.2
Permitted Uses
4.2.1
The uses permitted in the LDR zone are as follows:
Principal Uses
Accessory Uses
Dwelling, Multi-Unit
Dwelling, Multi-Unit Rowhouse
Dwelling, Single-Unit
Dwelling, Two-Unit
Home-Based Business
Residential Daycare
Secondary Suite, Attached
Secondary Suite, Detached
Short-Term Rental
4.3
Development Regulations
4.3.1
Development in the LDR zone is subject to the following:
Development Criteria
Regulations
Maximum Density
4 dwelling units per parcel
Maximum Parcel Coverage
50%
Driveway Access
Where a parcel abuts a dedicated lane intended for
motor vehicle access to a parcel, access must only be
from the lane.
Principal Building
Regulations
Maximum Height
11 m (3 habitable storeys)
Minimum
Parcel Line
Setback
Front
3 m
Rear
4 m
Side, Interior
1.5 m
Side, Exterior
3 m
Minimum Garage Setback
6 m where the garage door is facing a highway.
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Accessory Buildings and Structures
Regulations
Maximum Height
5 m for buildings without a detached secondary suite
on the second storey.
7.5 m for buildings with a detached secondary suite on
the second storey.
Minimum
Parcel Line
Setback
Front
6 m
Rear
1.5 m
Side, Interior
1.5 m
Side, Exterior
3 m
4.3.2
The maximum number of suites is one attached secondary suite or one detached
secondary suite per primary dwelling unit.
4.3.3
The maximum gross floor area of an attached secondary suite or detached secondary
suite is 90 m2.
4.4
Subdivision Regulations
4.4.1
Subdivision in the LDR zone is subject to the following:
Subdivision Criteria
Conditions
Minimum Parcel Area
600 m2
Minimum Parcel Frontage
15 m
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Medium Density Residential Zone
MDR
4.5
Intent
4.5.1
The intent of the Medium Density Residential (MDR) zone is to permit a mix of housing
types and provide for multi-unit rowhouse dwellings and multi-unit dwellings that
accommodate a variety of building forms up to four (4) storeys in height.
4.6
Permitted Uses
4.6.1
The uses permitted in the MDR zone are as follows:
Principal Uses
Accessory Uses
Community Care Facility
Assisted Living Residential Facility
Dwelling, Multi-Unit
Dwelling, Multi-Unit Rowhouse
Home-Based Business
Secondary Suite, Attached
4.7
Development Regulations
4.7.1
Development in the MDR zone is subject to the following:
Development Criteria
Regulations
Maximum Parcel Coverage
50% for all buildings and structures combined
Minimum Floor Area Ratio
0.5:1
Maximum Floor Area Ratio
Base Density
Bonus Density I
Bonus Density II
1.2:1
1.4:1
1.6:1
Amenities Required for Bonus
Density I
A density bonus of up to 0.2 above the base density is
permitted if the developer enters a housing agreement with
the City, to require that a minimum of 30% of the dwelling
units in the entire development are affordable housing units
for a period of 80 years.
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Amenities Required for Bonus
Density II
A density bonus of up to 0.4 above the base density is
permitted if at least one of the following conditions are met:
(i) The developer enters a housing agreement with the
City to require that a minimum of 75% of the dwelling
units in the entire development are affordable housing
units for a period of 80 years;
(ii) 100 % of the required parking spaces for the entire
development are located underground or within a
parking structure incorporated into the design of the
building; or
(iii) The entire development achieves or exceeds British
Columbia Energy Step Code Level 3 energy efficiency
requirements.
Parcel Access
Where a parcel abuts a lane intended for motor vehicle
access to a parcel, access must only be from the lane.
Principal Building
Regulations
Maximum Height
14 m (4 habitable storeys)
Minimum Height
2 habitable storeys
Minimum
Parcel Line
Setback
Front
3 m
Rear
4 m
Side, Interior
1.5 m
Side, Exterior
3 m
Maximum
Parcel Line
Setback
Front
6 m
Side, Exterior
4 m
Minimum Garage Setback
6 m where the garage door is facing a highway.
Accessory Buildings and
Structures
Regulations
Maximum Height
5 m
Minimum
Parcel Line
Setback
Front
4 m
Rear
1.2 m
Side, Interior
1.2 m
Side, Exterior
4 m
4.7.2
A single unit or two unit dwelling to which this section applies may be rebuilt for a
residential use if it is damaged to the extent of 75% or more of its value above the
foundation, despite any rule in the Local Government Act that would limit the use of
the building if rebuilt, provided that its floor area is not increased and the number of
dwelling units in the building is not increased.
4.7.3
The maximum gross floor area of an attached secondary suite is 90 m2.
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4.8
Conditions of Use and Subdivision Regulations
4.8.1 Permitted uses within the MDR zone are subject to the following conditions of use:
Parcel Area and Frontage by Use
Conditions
Minimum Parcel Area for Multi-Unit
Dwellings
600 m2
Minimum Parcel Frontage for Multi-
Unit Dwellings
15 m
Minimum Parcel Area
for Rowhouse Dwelling
250 m2
for a dwelling unit which shares a party wall
with one (1) other dwelling unit and has one
(1) exterior side yard.
200 m2
for a dwelling unit which shares a party wall
with one (1) other dwelling unit and has one
(1) interior side yard.
150 m2
for a dwelling unit which shares a party wall
with two (2) other dwelling units.
Minimum Parcel Frontage
for Rowhouse Dwelling
9 m
for a dwelling unit which shares a party wall
with one (1) other dwelling unit and has one
(1) exterior side yard.
7.5 m
for a dwelling unit which shares a party wall
with one (1) other dwelling unit and has one
(1) Interior side yard.
5 m
for a dwelling unit which shares a party wall
with two (2) other dwelling units.
4.8.1
Despite Subsection 4.8.1, where the proposed use is a multi-unit rowhouse dwelling,
subdivision shall only be permitted once the building is substantially commenced in
accordance with an approved Development Permit and subsequent Building Permit.
4.8.2
An attached secondary suite is only permitted in a multi-unit rowhouse dwelling and is
limited to one (1) attached secondary suite per primary dwelling unit.
4.8.3
Where a development with a multi-unit dwelling contains at least 20 dwelling units, a
minimum of 20% of the dwelling units in the development must be 2-bedroom units
and a minimum of 10% of the dwelling units in the development must be 3-bedroom
units, and where the calculation results in a fractional unit of 0.5 or more, that fractional
unit is considered one dwelling unit.
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4.9
Site-Specific Development Regulations
4.9.1
The following site-specific development regulation applies to the property listed in
this subsection:
Civic Address
Legal Description
Portion of 531 Herbert
Street
Eastern-most portion of LOT 1 SECTION 19 RANGE 5
QUAMICHAN DISTRICT PLAN VIP76282 PID 025-818-
759, extending 24.62 m from the eastern parcel
boundary.
Development Criteria
Regulation
Maximum Height of
Principal Building
11 m (3 habitable storeys)
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High Density Residential Zone
HDR
4.10 Intent
4.10.1 The intent of the High Density Residential (HDR) zone is to permit multi-unit dwellings
that can accommodate a variety of building forms up to 5 storeys in height.
4.11 Permitted Uses
4.11.1 The uses permitted in the HDR zone are as follows:
Principal Uses
Accessory Uses
Assisted
Living
Residential
Facility
Community Care Facility
Dwelling, Multi-Unit
Dwelling, Multi-Unit Rowhouse
Home-Based Business
Offices for the provision of support services for residents in a
Multi-Unit Dwelling development for women who have
experienced or are at risk of violence
Secondary Suite, Attached
4.12 Development Regulations
4.12.1 Development in the HDR zone is subject to the following:
Development Criteria
Regulations
Maximum Parcel Coverage
70% for all buildings and structures combined
Minimum Floor Area Ratio
0.75:1
Maximum Floor Area Ratio
Base Density
Bonus Density I
Bonus Density II
2.4:1
2.7:1
3:1
Amenities Required for Bonus
Density I
A density bonus of up to 0.3 above the base density is
permitted if the developer enters a housing agreement with
the City, to require that a minimum of 30% of the dwelling
units in the entire development are affordable housing units
for a period of 80 years.
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Amenities Required for Bonus
Density II
A density bonus of up to 0.6 above the base density is
permitted if at least one of the following conditions are met:
(i) The developer enters a housing agreement with the
City to require that a minimum of 75% of the dwelling
units in the entire development are affordable housing
units for a period of 80 years;
(ii) 100 % of the required parking spaces for the entire
development are located underground or within a
parking structure incorporated into the design of the
building; or
(iii) The entire development achieves or exceeds British
Columbia Energy Step Code Level 3 energy efficiency
requirements.
Parcel Access
Where a parcel abuts a lane intended for motor vehicle
access to a parcel, access must only be from the lane.
Principal Building
Regulations
Maximum Height
17 m (5 habitable storeys)
Minimum Height
3 habitable storeys
Minimum
Parcel Line
Setback
Front
3 m
Rear
4 m
Side, Interior
1.5 m
Side, Exterior
3 m
Maximum
Parcel Line
Setback
Front
6 m
Side, Exterior
6 m
Minimum Garage Setback
6 m where the garage door is facing a highway.
Accessory Buildings and
Structures
Regulations
Maximum Height
5 m
Minimum
Parcel Line
Setback
Front
4 m
Rear
1.2 m
Side, Interior
1.2 m
Side, Exterior
4 m
4.12.2 A single unit or two unit dwelling to which this section applies may be rebuilt for a
residential use if it is damaged to the extent of 75% or more of its value above the
foundation, despite any rule in the Local Government Act that would limit the use of
the building if rebuilt, provided that its floor area is not increased and the number of
dwelling units in the building is not increased.
4.12.3 The maximum gross floor area of an attached secondary suite is 90 m2.
3166.11
3166.11
RESIDENTIAL ZONES
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Page 34
City of Duncan Zoning Bylaw No. 3166
4.13 Conditions of Use and Subdivision Regulations
4.13.1 Permitted Uses within the HDR zone is subject to the following conditions of use:
Parcel Area and Frontage by Use
Conditions
Minimum Parcel Area for Multi-Unit
Dwellings
600 m2
Minimum Parcel Frontage for Multi-
Unit Dwellings
15 m
Minimum Parcel Area
for Rowhouse Dwelling
250 m2
for a dwelling unit which shares a party wall
with one (1) other dwelling unit and has one
(1) exterior side yard.
200 m2
for a dwelling unit which shares a party wall
with one (1) other dwelling unit and has one
(1) interior side yard.
150 m2
for a dwelling unit which shares a party wall
with two (2) other dwelling units.
Minimum Parcel Frontage
for Rowhouse Dwelling
9 m
for a dwelling unit which shares a party wall
with one (1) other dwelling unit and has 1
exterior side yard.
7.5 m
for a dwelling unit which shares a party wall
with one (1) other dwelling unit and has one
(1) interior side yard.
5 m
for a dwelling unit which shares a party wall
with two (2) other dwelling units.
4.13.2 Despite Subsection 4.12.1, where the proposed use is a Multi-Unit Rowhouse Dwelling,
subdivision shall only be permitted once the building is substantially commenced in
accordance with an approved Development Permit and subsequent Building Permit.
4.13.3 An attached secondary suite is only permitted in a multi-unit rowhouse dwelling and is
limited to one (1) attached secondary suite per primary dwelling unit.
4.13.4 Where a development with a multi-unit dwelling contains at least 20 dwelling units, a
minimum of 20% of the dwelling units in the development must be 2-bedroom units
and a minimum of 10% of the dwelling units in the development must be 3-bedroom
units, and where the calculation results in a fractional unit of 0.5 or more, that fractional
unit is considered one dwelling unit.
3166.10
3166.11
3166.11
RESIDENTIAL ZONES
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Page 35
City of Duncan Zoning Bylaw No. 3166
4.14 Site-Specific Development Regulations and Conditions of Use
4.14.1 The following site-specific development regulations and conditions of use apply to
the property listed in this subsection:
Civic Address
Legal Description
490 Ypres Street
LOT A SECTION 17 RANGE 6 QUAMICHAN DISTRICT
PLAN VIP81324 PID 026-734-958
483 Festubert Street
LOT 21, BLOCK 5, SECTION 17, RANGE 6,
QUAMICHAN DISTRICT, PLAN 1063 PID 008-069-841
491 Festubert Street
LOT 22, BLOCK 5, SECTION 17, RANGE 6,
QUAMICHAN DISTRICT, PLAN 1063 PID 004-803-531
Development Criteria
Regulations
Minimum Unit Mix for
Multi-Unit Dwelling
2-bedroom dwelling units: 20% of total number of
dwelling units
3-bedroom dwelling units: 9% of total number of
dwelling units
Maximum Principal
Building Height
24 m (6 habitable storeys)
Minimum parcel line
setback for accessory
structures used solely to
provide weather
protection for short-term
bicycle parking
0 m
Minimum Parcel Line
Setback for Underground
Parkade
0 m
Minimum Number of
Off-Street Parking Spaces
1 per dwelling unit
4.14.2 The following site-specific development regulation applies to the property listed in this
subsection:
Civic Address
Legal Description
262 E.J. Hughes Place
LOT 1 SECTION 17 RANGE 6 QUAMICHAN DISTRICT
PLAN EPP28469 PID 029-108-659
Development Criteria
Regulations
Maximum Height of
Principal Building
20 m (6 habitable storeys)
3166.11
3166.10
RESIDENTIAL ZONES
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Page 36
City of Duncan Zoning Bylaw No. 3166
4.14.3 The following site-specific development regulations and conditions of use apply to the
property listed in this sub-section:
Civic Address
Legal Description
140 Trans-Canada
Highway
LOT A, SECTION 16, RANGE 7, QUAMICHAN
DISTRICT, PLAN 48762 PID 014-377-004
Development Criteria
Regulations
Minimum Unit Mix for
Multi-Unit Dwelling
2-bedroom dwelling units: 20% of total number of
dwelling units
3-bedroom dwelling units: 10% of total number of
dwelling units
Maximum Principal
Building Height
24 m (6 habitable storeys)
Minimum parcel line
setback for accessory
structures used solely to
provide weather
protection for short-term
bicycle parking
0 m
Minimum Parcel Line
Setback for Underground
Parkade
0 m
Maximum Permitted
Projection of eaves,
entryway covers, exterior
finish, green wall, gutter,
cornice, sunlight control
projection
1 m
Minimum Number of Off-
Street Parking Spaces
1 per dwelling unit
3166.09
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Downtown Comprehensive
Page 37
City of Duncan Zoning Bylaw No. 3166
PART 5 - COMMERCIAL ZONES
Downtown Comprehensive Zone
DTC
5.1 Intent
5.1.1
The intent of the Downtown Comprehensive (DTC) zone is to permit a broad range of
residential and non-residential uses including mixed-use developments up to 6 storeys
in height in the downtown area.
5.2
Permitted Uses
5.2.1
The uses permitted in the DTC zone are as follows:
Principal Uses
Accessory Uses
Conditions of Use
Residential Uses:
Assisted Living Residential
Facility*
Community Care Facility*
Dwelling, Multi Unit*
Home-Based Business in a
Multi-Unit Dwelling
* Where the Retail &
Personal Service use is a
store selling previously
owned or used goods,
outside display of goods is
limited to a maximum of
3.7 m2.
* Dwelling units or sleeping
units are permitted above
the first storey only
* Uses on the first storey of a
building with a Residential
Use must provide service to
persons off-site, not only to
owners or occupiers of the
building.
* Off-street parking, access,
and circulation (ex. entry,
lobby, stairs, elevators,
hallways, etc.), and other
amenities and services
associated with a
Residential Use are
permitted on the first
storey, provided their
combined area does not
exceed 60% of the total first
storey gross floor area.
Non-Residential Uses:
Commercial Daycare
Community Use
Craft Beverage Production
Cultural Use
Education Facility
Financial Institution
Funeral Service Facility
Mobile Food Vending
Hospital
Office
Parking Facility
Public Market
Recreation Facilities, Indoor
Repair Service, General
Retail & Personal Service*
Restaurant
Social Service
Tourist Accommodation
3166.02
3166.02
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Downtown Comprehensive
Page 38
City of Duncan Zoning Bylaw No. 3166
*Conditions of use apply
5.3
Development Regulations
5.3.1
Development in the DTC zone is subject to the following:
Development Criteria
Regulations
Maximum Parcel Coverage
95%
Minimum Floor Area Ratio
1.0:1
Maximum Floor Area Ratio
Base
Density
Bonus Density I
Bonus Density II
3:1
3.3:1
3.6:1
Development Criteria
Regulations
Amenities Required for
Bonus Density I
A density bonus of up to 0.3 above the base density is
permitted if the developer enters a housing agreement
with the City, to require that a minimum of 30% of the
dwelling units in the entire development are affordable
housing units for a period of 80 years.
Amenities Required for
Bonus Density II
A density bonus of up to 0.6 above the base density is
permitted if at least one of the following conditions
are met:
(i) The developer enters a housing agreement with
the City to require that a minimum of 75% of the
dwelling units in the entire development are
affordable housing units for a period of 80 years;
(ii) 100 % of the required parking spaces for the
entire development are located underground or
within a parking structure incorporated into the
design of the building; or
(iii) The entire development achieves or exceeds
British Columbia Energy Step Code Level 3 energy
efficiency requirements.
Principal Building
Regulations
Maximum Height
20 m (6 habitable storeys) for Mixed-Use Development
14 m (4 habitable storeys) for other uses
Minimum Height
2 storeys
Minimum
Parcel Line
Setback
Front
1 m; 0 m on Station Street and Craig Street
Rear
0 m
Side, Interior
0 m
Side, Exterior
1 m; 0 m on Station Street and Craig Street
3166.11
COMMERCIAL ZONES
Part 5 |
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Page 39
City of Duncan Zoning Bylaw No. 3166
Maximum Front or Exterior Side
Parcel Line Setback
3 m
No more than 25% of the front or exterior side of a
building shall be set back further than the maximum
setback.
Accessory Buildings and
Structures
Regulations
Maximum Height
4 m
Minimum Parcel
Line Setback
Front
15 m
Rear
0 m
Side, Interior
0 m
Side, Exterior
5 m
5.3.2
A multi-unit dwelling strata development with more than 74% parcel coverage, to which
this section applies, may be rebuilt in its existing location if it is damaged to the extent
of 75% or more of its value above the foundation, provided that its floor area is not
increased and the number of dwelling units in the building is not increased.
5.3.3
No more than 25% of the building frontage within the first storey of a mixed-use
development shall be used for a parking facility.
5.3.4
The first storey of a building must have non-residential uses, not including required
parking for those uses, totaling a minimum floor area of 200 m2 OR 40% of the building
footprint area, whichever is greater.
5.3.5
If all the required parking spaces for a building, excluding off-street loading spaces, are
provided within the building footprint the minimum area for non-residential uses on
the first storey under 5.3.4 is reduced to 25% of the building footprint area.
5.4
Conditions of Use and Subdivision Regulations
5.4.1
Subdivision in the DTC zone is subject to the following:
Subdivision Criteria
Regulations
Minimum Parcel Area
700 m2
Minimum Parcel Frontage
20 m
5.4.2
Where a mixed use development with a multi-unit dwelling contains at least 20 dwelling
units, a minimum of 20% of the dwelling units in the development must be 2-bedroom
units and a minimum of 10% of the dwelling units in the development must be 3-
bedroom units, and where the calculation results in a fractional unit of 0.5 or more,
that fractional unit is considered one dwelling unit.
5.5
Site Specific Uses and Development Regulations
5.5.1
The following uses and development regulations shall be permitted on a site-specific
basis only:
3166.02
3166.02
3166.02
3166.06
3166.11
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Downtown Comprehensive
Page 40
City of Duncan Zoning Bylaw No. 3166
Site-specific Uses and
Development Regulations
Location
Automotive Repair Shop
462 Duncan Street - LOT 3, BLOCK 1, SECTION 17,
RANGE 6, QUAMICHAN DISTRICT, PLAN VIP 854
Car Wash
71 Trunk Road - LOT A, BLOCK 2, SECTION 17, RANGE
6, QUAMICHAN DISTRICT, PLAN VIP 2070
Motorcycle Repair and Sales
277 Government Street - LOT 7, BLOCK 12, SECTION 17,
RANGE 6, QUAMICHAN DISTRICT, PLAN VIP 2070
Multi-Unit Dwelling that
contains only two dwelling units
Minimum floor area ratio: 0.5:1
725 Canada Avenue - LOT A (DD ED130010), SECTION
18, RANGE 6, QUAMICHAN DISTRICT, PLAN 5481
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Neighbourhood Commercial
Page 41
City of Duncan Zoning Bylaw No. 3166
Neighbourhood Commercial Zone
NC
5.6
Intent
5.6.1
The intent of the Neighbourhood Commercial (NC) zone is to permit a range of
residential and non-residential uses that are intended to contribute to a vibrant
neighbourhood with street-oriented buildings, and infrastructure and facilities focused
on active transportation.
5.7
Permitted Uses
5.7.1
The uses permitted in the NC zone are as follows:
Principal Uses
Accessory Uses
Conditions of Use
Residential Uses:
Assisted Living Residential
Facility*
Community Care Facility*
Dwelling, Multi-Unit*
Home-Based Business in a
Multi-Unit Dwelling
Dwelling, Accessory
* Dwelling units or sleeping
units are permitted above
the first storey.
* Uses on the first storey of a
building with a Residential
Use must provide service to
persons off-site, not only to
owners or occupiers of the
building.
* Off-street parking, access,
and circulation (ex. entry,
lobby, stairs, elevators,
hallways, etc.), and other
amenities and services
associated with a
Residential Use are
permitted on the first
storey.
Non-Residential Uses:
Community Use
Commercial Daycare
Cultural Use
Craft Beverage Production
Dog Grooming
Education Facility
Financial Institution
Funeral Service Facility
Mobile Food Vending
Indoor Recreation Facilities
Office
Parking Facility
Public Market
Repair Service, Automotive
Repair Service, General
Retail & Personal Service
Restaurant
Social Service
Tourist Accommodation
*Conditions of use apply
5.8
Development Regulations
5.8.1
Development in the NC zone is subject to the following:
3166.02
3166.02
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Neighbourhood Commercial
Page 42
City of Duncan Zoning Bylaw No. 3166
Development Criteria
Regulations
Maximum Parcel Coverage
70%
Minimum Floor Area Ratio
0.5:1
Maximum Floor Area Ratio
Base Density
Bonus Density I
Bonus Density II
1.9:1
2.1:1
2.4:1
Development Criteria
Regulations
Amenities Required for
Bonus Density I
A density bonus of up to 0.2 above the base density is
permitted if the developer enters a housing agreement with
the City, to require that a minimum of 30% of the dwelling
units in the entire development are affordable housing units
for a period of 80 years.
Amenities Required for
Bonus Density II
A density bonus of up to 0.5 above the base density is
permitted if at least one of the following conditions are met:
(i) The developer enters a housing agreement with the City
to require that a minimum of 75% of the dwelling units in
the entire development are affordable housing units for a
period of 80 years;
(ii) 100 percent of the required parking spaces for the
entire development are located underground or within a
parking structure incorporated into the design of the
building; or
(iii) The entire development achieves or exceeds British
Columbia Energy Step Code Level 3 energy efficiency
requirements.
Outdoor Storage
Outdoor storage areas must be screened from highways in
accordance with section 3.23.
Principal Building
Regulations
Maximum Height:
14 m (4 habitable storeys)
Minimum Height:
2 habitable storeys
Minimum
Parcel Line
Setback
Front
4 m
Rear
0 m, except where a parcel abuts a residential zone, the
minimum rear parcel line setback is 8 m.
Side, Interior
0 m on one side, 4 m on the other side, except where a parcel
abuts land with residential zoning, the minimum interior side
parcel line setback is 5 m.
Side, Exterior
4 m
Maximum
Parcel Line
Setback
Front
6 m
Side, Exterior
6 m
Accessory Buildings and
Structures
Regulations
Maximum Height
5 m
Front
8 m
3166.11
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Neighbourhood Commercial
Page 43
City of Duncan Zoning Bylaw No. 3166
5.8.2
No more than 25% of the building frontage within the first storey of a mixed-use
development shall be used for a parking facility.
5.8.3
The first storey of a building must have non-residential uses, not including required
parking for those uses, totaling a minimum floor area of 150 m2 OR 25% of the building
footprint area, whichever is greater.
5.8.4
If all the required parking spaces for a building, excluding off-street loading spaces, are
provided within the building footprint, the minimum area for non-residential uses on
the first storey under 5.8.3 is reduced to 20% of the building footprint area.
5.9
Conditions of Use and Subdivision Regulations
5.9.1
Subdivision in the NC zone is subject to the following:
Subdivision Criteria
Regulations
Minimum Parcel Area
600 m2
Minimum Parcel Frontage
15 m
5.9.2
Where a mixed use development with a multi-unit dwelling contains at least 20 dwelling
units, a minimum of 20% of the dwelling units in the development must be 2-bedroom
units and a minimum of 10% of the dwelling units in the development must be 3-
bedroom units, and where the calculation results in a fractional unit of 0.5 or more,
that fractional unit is considered one dwelling unit.
5.10 Site Specific Uses
5.10.1 The following uses shall be permitted on a site-specific basis only:
Site-specific Uses
Location
Automotive Fueling Station
1006 Government Street - Lot A, Section 19, Range 5,
Quamichan District, Plan VIP 54586
Automotive Fueling Station
and Car Wash
1007 Canada Avenue - Lot 2, Section 19, Range 6,
Quamichan District, Plan VIP 6745 (except Plan 22556)
Minimum
Parcel Line
Setback
Rear
0 m, except where a parcel abuts land with residential zoning,
the minimum rear parcel line setback is 8 m.
Side, Interior
1.2 m, except where a parcel abuts land with residential
zoning, the minimum interior side parcel line setback is 5 m.
Side, Exterior
1.2 m
3166.02
3166.02
3166.02
3166.11
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Highway Corridor Commercial
Page 44
City of Duncan Zoning Bylaw No. 3166
Highway Corridor Commercial Zone
HCC
5.11 Intent
5.11.1 The intent of the Highway Corridor Commercial (HCC) zone is to permit a range of
commercial uses that are automobile-oriented and require convenient access to the
Trans-Canada Highway.
5.12 Permitted Uses
5.12.1 The uses permitted in the HCC zone are as follows:
Principal Uses
Accessory Uses
Conditions of Use
Automotive Fueling Station
Car Wash
Cheque-Cashing*
Commercial Daycare
Community Use
Craft Beverage Production
Cultural Use
Dog Grooming
Drive Through
Education Facility
Financial Institution
Funeral Service Facility
Mobile Food Vending
Office
Pawn Shop*
Public Market
Recreation Facilities, Indoor
Repair Service, Automotive
Repair Service, General
Retail & Personal Service
Restaurant
Tourist Accommodation
Dwelling, Accessory
Home-Based Business
Parking Facility
*A Cheque-Cashing business
must be at least 500 m from
any other Cheque-Cashing
business.
*A Pawn Shop must be at
least 500 m from any other
Pawn Shop.
*Conditions of use apply.
5.13 Development Regulations
5.13.1 Development in the HCC zone is subject to the following:
Development Criteria
Regulations
Maximum Parcel Coverage
40%
Minimum Floor Area Ratio
0.3:1
3166.11
COMMERCIAL ZONES
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Page 45
City of Duncan Zoning Bylaw No. 3166
Maximum Floor Area Ratio
1.5:1
Maximum Residential Density
1 accessory dwelling
Outdoor Storage (does not
include retail display areas)
Outdoor storage areas must be screened from highways in
accordance with section 3.23.
Principal Building
Regulations
Maximum Height:
14 m (4 habitable storeys)
Minimum Height:
2 habitable storeys
Minimum
Parcel Line
Setback
Front
4 m
Rear
0 m, except where a parcel abuts land with residential
zoning, the minimum rear parcel line setback is 8 m.
Side, Interior
0 m on one side, 4 m on the other side, except where a
parcel abuts land with residential zoning, the minimum
interior side parcel line setback is 5 m.
Side, Exterior
4 m
Maximum Front Parcel Line
Setback
6 m
Accessory Buildings and
Structures
Regulations
Maximum Height
5 m
Minimum
Parcel Line
Setback
Front
8 m
Rear
0 m, except where a parcel abuts land with residential
zoning, the minimum rear parcel line setback is 8 m.
Side, Interior
1.2 m, except where a parcel abuts land with residential
zoning, the minimum interior side parcel line setback is 8 m.
Side, Exterior
1.2 m
5.14 Subdivision Regulations
5.14.1 Subdivision in the HCC zone is subject to the following:
Subdivision Criteria
Regulations
Minimum Parcel Area
600 m2
Minimum Parcel Frontage
15 m
5.15 Site Specific Uses and Development Regulations
5.15.1 The following uses shall be permitted on a site-specific basis only:
Site-specific Uses
Location
Automotive Sales
439 Trans Canada Highway - Lot A, Section 17, Range 6,
Quamichan District, Plan VIP 44109
Automotive Sales
461 Trans Canada Highway - Lot 1, Section 17, Range 6,
Quamichan District, Plan VIP 53706
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Highway Corridor Commercial
Page 46
City of Duncan Zoning Bylaw No. 3166
Automotive Sales
467 Trans Canada Highway - the southern half of Lot 1, Section
17, Range 6, Quamichan District, Plan VIP 29603
Automotive Sales
466 St. Julien Street - Lot A, Section 17, Range 6, Quamichan
District, Plan VIP 82436
5.15.2 Principal buildings used for automotive sales on the parcels in sub-section 5.15.1 are
not subject to the Minimum Floor Area Ratio, Minimum Height or Maximum Front
Parcel Line Setback regulations in section 5.13.
Highway Corridor Commercial 2 Zone
HCC2
5.16
Intent
5.16.1 The intent of the HCC2 zone is to permit a range of commercial, community, and
mixed-use developments close to the Trans-Canada Highway.
5.17
Permitted Uses
5.17.1 The uses permitted in the HCC2 zone are as follows:
Principal Uses
Accessory Uses
Conditions of Use
Residential Uses:
Assisted Living Residential
Facility*
Community Care Facility*
Dwelling, Multi-Unit*
Non-Residential Uses:
Automotive Fueling Station
Car Wash
Cheque-Cashing**
Commercial Daycare
Community Use
Craft Beverage Production
Cultural Use
Dog Grooming
Drive Through
Education Facility
Financial Institution
Funeral Service Facility
Hospital
Home-Based Business in a
Multi-Unit Dwelling
* Dwelling units or sleeping
units are permitted above
the first storey only.
* Uses on the first storey of a
building with a residential
use must provide service to
persons off-site, not only to
owners or occupiers of the
building.
* Off-street parking, access,
and circulation (ex. entry,
lobby, stairs, elevators,
hallways, etc.), and other
amenities and services
associated with a
residential use are
permitted on the first
storey.
** A cheque-cashing business
must be at least 500 m from
3166.08
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Highway Corridor Commercial
Page 47
City of Duncan Zoning Bylaw No. 3166
Mobile Food Vending
Office
Parking Facility
Pawn Shop**
Public Market
Recreation Facilities, Indoor
Repair Service, Automotive
Repair Service, General
Restaurant
Retail & Personal Service
Social Service
Tourist Accommodation
any other cheque-cashing
business.
** A pawn shop must be at
least 500 m from any other
pawn shop.
5.18
Development Regulations
5.18.1 Development in the HCC2 zone is subject to the following:
Development Criteria
Regulations
Maximum Parcel Coverage
60%
Minimum Floor Area Ratio
1:1
Maximum Floor Area Ratio
3:1
Principal Building
Regulations
Maximum Height
24 m (6 habitable storeys)
Minimum Height
2 habitable storeys
Minimum
Parcel Line
Setback
Front
4 m
Rear
4 m, except where a parcel abuts land with
residential zoning, the minimum rear parcel line
setback is 8 m.
Side, Interior
4 m, except where a parcel abuts land with
residential zoning, the minimum interior side parcel
line setback is 5 m.
Side, Exterior
4 m
Accessory Buildings and Structures
Regulations
Maximum Height
5 m
Minimum
Parcel Line
Setback
Front
4 m
Rear
4 m, except where a parcel abuts land with
residential zoning, the minimum rear parcel line
setback is 8 m.
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Highway Corridor Commercial
Page 48
City of Duncan Zoning Bylaw No. 3166
Side, Interior
4 m, except where a parcel abuts land with
residential zoning, the minimum interior side parcel
line setback is 5 m.
Side, Exterior
4 m
Minimum parcel line setback for
accessory structures used solely to
provide weather protection for short-
term bicycle parking
0 m
5.18.2 The first storey of a building must have non-residential uses, not including required
parking for those uses, totaling a minimum floor area of 60% of the building footprint
area.
5.19
Subdivision Regulations
5.19.1 Subdivision in the HCC2 zone is subject to the following:
Subdivision Criteria
Conditions
Minimum Parcel Area
600 m2
Minimum Parcel Frontage
15 m
5.20
Site-Specific Development Regulations and Conditions of Use
5.20.1 The following site-specific development regulations and conditions of use apply to the
properties listed in this sub-section and are applicable only to a mixed-use development
comprised of commercial space, at least 200 m2 of commercial childcare space, and 69
dwelling units that are affordable housing or meet other affordability parameters
specified by the provincial government as a condition of funding from that organization:
Civic Address
Legal Description
553 Dobson Road
AMENDED LOT 8 (DD 210508I), SECTION 16, RANGE 7,
QUAMICHAN DISTRICT, PLAN 6913 PID 005-778-654
561 Dobson Road
LOT B, SECTION 16, RANGE 7, QUAMICHAN DISTRICT,
PLAN 37692 PID 001-033-387
573 Dobson Road
LOT A, SECTION 16, RANGE 7, QUAMICHAN DISTRICT,
PLAN 37692, PID 001-033-379
Development Criteria
Regulations
Minimum Unit Mix for Multi-
Unit Dwelling
2-bedroom dwelling units: 8% of total number of dwelling
units
3-bedroom dwelling units: 11% of total number of
dwelling units
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Highway Corridor Commercial
Page 49
City of Duncan Zoning Bylaw No. 3166
Minimum Parcel Line Setbacks
Front Side (New Road): 1.5 m
Exterior Side (Dobson Road): 3 m
Interior Side: 4 m
Minimum Parcel Line Setback
for Underground Parkade
0m
Maximum Permitted Projection
of eaves, entryway covers and
overhangs, exterior finish, green
wall, gutter, cornice, sunlight
control projection
1.5 m for entryway covers and overhangs
0.8 m for all other permitted projections
Minimum Number of Off-Street
Parking Spaces
52 for all uses combined for a development that is a
mixed-use development comprised of commercial space,
at least 200 m2 of commercial childcare space, and 69
dwelling units that are affordable housing or meet other
affordability parameters specified by the provincial
government as a condition of funding from that
organization.
Up to 47% of the required off-street parking spaces are
permitted to be for small vehicle parking.
Visibility at Intersections
Despite Section 3.15, principal buildings may project up to
1.5 m into the 6 m by 6 m sight triangle.
Highway Corridor Commercial 3 Zone
HCC3
5.21
Intent
5.21.1 The intent of the HCC3 zone is to permit a range of commercial, community, and
mixed-use developments close to the Trans-Canada Highway.
5.22
Permitted Uses
5.22.1 The uses permitted in the HCC3 zone are as follows:
Principal Uses
Accessory Uses
Conditions of Use
Residential Uses:
Assisted Living Residential
Facility*
Community Care Facility*
Dwelling, Multi-Unit*
Home-Based Business in a
Multi-Unit Dwelling
* Dwelling units or sleeping
units are permitted above
the first storey only.
* Uses on the first storey of a
building with a residential
use must provide service to
3166.09
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Highway Corridor Commercial
Page 50
City of Duncan Zoning Bylaw No. 3166
Non-Residential Uses:
Automotive Fueling Station
Car Wash
Cheque-Cashing**
Commercial Daycare
Community Use
Craft Beverage Production
Cultural Use
Dog Grooming
Drive Through
Education Facility
Financial Institution
Funeral Service Facility
Hospital
Mobile Food Vending
Office
Parking Facility
Pawn Shop**
Public Market
Recreation Facilities, Indoor
Repair Service, Automotive
Repair Service, General
Restaurant
Retail & Personal Service
Social Service
Tourist Accommodation
persons off-site, not only to
owners or occupiers of the
building.
* Off-street parking, access,
and circulation (ex. entry,
lobby, stairs, elevators,
hallways, etc.), and other
amenities and services
associated with a
residential use are
permitted on the first
storey.
** A cheque-cashing business
must be at least 500 m from
any other cheque-cashing
business.
** A pawn shop must be at
least 500 m from any other
pawn shop.
5.23
Development Regulations
5.23.1 Development in the HCC3 zone is subject to the following:
Development Criteria
Regulations
Maximum Parcel Coverage
60%
Minimum Floor Area Ratio
1:1
Maximum Floor Area Ratio
3:1
Principal Building
Regulations
Maximum Height
24 m (6 habitable storeys)
Minimum Height
2 habitable storeys
Front
4 m
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Highway Corridor Commercial
Page 51
City of Duncan Zoning Bylaw No. 3166
Minimum
Parcel Line
Setback
Rear
4 m, except where a parcel abuts land with
residential zoning, the minimum rear parcel line
setback is 8 m.
Side, Interior
4 m, except where a parcel abuts land with
residential zoning, the minimum interior side parcel
line setback is 5 m.
Side, Exterior
4 m
Accessory Buildings and Structures
Regulations
Maximum Height
5 m
Minimum
Parcel Line
Setback
Front
4 m
Rear
4 m, except where a parcel abuts land with
residential zoning, the minimum rear parcel line
setback is 8 m.
Side, Interior
4 m, except where a parcel abuts land with
residential zoning, the minimum interior side parcel
line setback is 5 m.
Side, Exterior
4 m
Minimum parcel line setback for
accessory structures used solely to
provide weather protection for short-
term bicycle parking
0 m
5.23.2 The first storey of a building must have non-residential uses, not including required
parking for those uses, totaling a minimum floor area of 60% of the building footprint
area.
5.24
Subdivision Regulations
5.24.1 Subdivision in the HCC3 zone is subject to the following:
Subdivision Criteria
Conditions
Minimum Parcel Area
600 m2
Minimum Parcel Frontage
15 m
COMMERCIAL ZONES
Part 5 |
Commercial Zones - Highway Corridor Commercial
Page 52
City of Duncan Zoning Bylaw No. 3166
5.25
Site-Specific Development Regulations and Conditions of Use
5.25.1 The following site-specific development regulations and conditions of use apply to the
property listed in this sub-section:
Civic Address
Legal Description
140 Trans-Canada Highway
LOT A, SECTION 16, RANGE 7, QUAMICHAN DISTRICT,
PLAN 48762 PID 014-377-004
Development Criteria
Regulations
Minimum Unit Mix for Multi-
Unit Dwelling
2-bedroom dwelling units: 20% of total number of
dwelling units
3-bedroom dwelling units: 8% of total number of dwelling
units
Minimum Parcel Line Setbacks
Front Side: 3 m
Rear Side: 3 m
Minimum Parcel Line Setback
for Underground Parkade
0 m
Minimum Number of Off-Street
Parking Spaces
1 per dwelling unit
1 per 40 m2 gross floor area of commercial or community
use
COMMUNITY SERVICES ZONES
Part 6
|
Community Use Zones - Community Services
Page 53
City of Duncan Zoning Bylaw No. 3166
PART 6 - COMMUNITY USE ZONES
Community Service Zone
CS
6.1
Intent
6.1.1
The intent of the Community Services (CS) zone is to permit a variety of institutional
uses and community-oriented uses.
6.2
Permitted Uses
6.2.1
The uses permitted in the CS zone are as follows:
Principal Uses
Accessory Uses
Assisted Living Residential Facility
Community Use
Cultural Use
Commercial Daycare
Community Care Facility
Education Facility
Fish Hatchery
Hospital
Institutional Use
Indoor Recreation Facilities
Outdoor Recreation
Treatment Centre
Dwelling, Accessory
Restaurant
Retail
Office
Mobile Food Vending
6.3
Development Regulations
6.3.1
Development in the CS zone is subject to the following:
Development Criteria
Regulations
Maximum Parcel Coverage
40%
Maximum Density
1 accessory dwelling unit per parcel
Principal Building
Regulations
Maximum Height
14 m (4 storeys) for Principal Buildings
Minimum
Parcel Line
Setback
Front
5 m
Rear
3 m
Side, Interior
3 m
Side, Exterior
5 m
Accessory Buildings and Structures
Regulations
Maximum Height
5 m
Minimum
Parcel Line
Setback
Front
5 m
Rear
1.2 m
Side, Interior
1.2 m
Side, Exterior
5 m
COMMUNITY SERVICES ZONES
Part 6
|
Community Use Zones - Community Services
Page 54
City of Duncan Zoning Bylaw No. 3166
6.4
Subdivision Regulations
6.4.1
Subdivision in the CS zone is subject to the following:
Subdivision Criteria
Regulations
Minimum Parcel Area
600 m2
Minimum Parcel Frontage
15 m
6.5
Site-Specific Development Regulations
6.5.1
The following site-specific development regulations apply to the properties
listed in this sub-section and are applicable only to an affordable housing
development designed, constructed, and operated in accordance with the
parameters of the provincial government Building BC: Community Housing
Fund Program:
Civic Address
Legal Description
162 First Street
LOT 3, BLOCK 1, SECTION 18, RANGE 6, QUAMICHAN
DISTRICT, PLAN 798 PID 008-462-623
486 Jubilee Street
LOT 1 BLOCK 1 SECTION 18 RANGE 6 QUAMICHAN
DISTRICT PLAN 798 PID 008-462-569
LOT 2 BLOCK 1 SECTION 18 RANGE 6 QUAMICHAN
DISTRICT PLAN 798 PID 008-462-593
LOT 14 BLOCK 17 SECTION 17 RANGE 6 QUAMICHAN
DISTRICT PLAN 2070 PID 006-707-424
447 Tyee Street
LOT 7, BLOCK 17, SECTION 17, RANGE 6, QUAMICHAN
DISTRICT, PLAN 2070 PID 006-705-499
Development Criteria
Regulations
Maximum Parcel Coverage
60%
Maximum Height
22 m (6 storeys) for Principal Buildings
Minimum Parcel Line
Setbacks
Front and Exterior Side: 1 m
Rear and Interior Side: 2 m
3166.04
COMMUNITY SERVICES ZONES
Part 6
|
Community Use Zones - Community Services
Page 55
City of Duncan Zoning Bylaw No. 3166
Maximum permitted
projection of eaves,
exterior finish, green wall,
gutter, cornice, sunlight
control projection
1 m
Minimum number of off-
street parking spaces for
motor vehicles
36 total spaces for all uses combined
Maximum percentage of
small vehicle parking
spaces
34%
Minimum two way aisle
width for 90 degree small
vehicle parking
6.0 m
COMMUNITY SERVICES ZONES
Part 6
|
Community Use Zones - Community Park
Page 56
City of Duncan Zoning Bylaw No. 3166
Community Park Zone
CP
6.6
Intent
6.6.1
The intent of the Community Park (CP) zone is to permit the full range of park and
protected area uses, including community and neighbourhood parks.
6.7
Permitted Uses
6.7.1
The uses permitted in the CP zone are as follows:
Principal Uses
Accessory Uses
Community Use
Park, Community
Indoor Recreation Facilities
Institutional Use
Outdoor Recreation
Parking Facility
Office
Mobile Food Vending
Commercial Daycare
6.8
Development Regulations
6.8.1
Development in the CP zone is subject to the following:
Development Criteria
Regulations
Maximum Parcel Coverage
30%
Principal Building
Regulations
Maximum Height
14 m (4 storeys) for principal buildings
Minimum Parcel Line Setback
5 m
Accessory Buildings and
Structures
Regulations
Maximum Height
5 m
Minimum Parcel Line Setback
5 m
DEFINITIONS
Page 57
City of Duncan Zoning Bylaw No. 3166
PART 7 - DEFINITIONS
Definitions found throughout this Bylaw are as follows:
A
Accessory Building
means a building used for a purpose that is accessory and
subordinate to the use of the principal building or to a principal use
of the parcel and located on the same parcel.
Accessory Use
means a use that is accessory and subordinate to and associated with
a principal use or building located on the same parcel.
Affordable Housing
means affordable rental housing which, under the terms of a Housing
Agreement with the City or an agreement with a provincial or federal
government agency, has a rental price that is at least 20 percent
below the market rental price or, in the case of rent geared to income,
a rental price that does not exceed 30 percent of the household
income of the occupants. The market rental price is the rental price
that could otherwise be charged in the local market, based on
appraisal evidence, as determined by a professional property
valuation firm or appraiser accredited under the Appraisal Institute of
Canada, and knowledge in the multi-unit residential real estate
market in the Duncan area.
Assisted Living
Residential Facility
means a residential use which provides sleeping units or dwelling units
for persons aged 55 or older, or for persons of any age with physical
or mental health challenges; within which may be provided meal
preparation and common dining areas, housekeeping and other
support services, and may contain accessory retail and personal
service uses.
Automotive Fueling
Station
means the land, buildings or structures used for the retail sale of
motor fuels and lubricants and the charging of electric vehicles, which
may include an accessory retail store, car wash, service and minor
repair of motor vehicles and the sale of automobile accessories.
3166.11
DEFINITIONS
Page 58
City of Duncan Zoning Bylaw No. 3166
Automotive Sales
means the use of a building, structure, or land for the sale, lease, or
rental of motor vehicles and includes the subsidiary servicing and
repair of motor vehicles.
Auto Wrecking
means a business that salvages, dismantles, or stores wrecked or
decommissioned vehicles.
B
Backyard Hen
Enclosure
means an area of land on a parcel used for the keeping of hens.
Basement
means a storey or storeys of a building located below the first storey.
Building
means a structure which is used or intended to be used for the
support, enclosure or shelter of persons, animals or property.
Building Inspector
means the person(s) appointed as such by the City and includes the
authorized representatives of the Building Inspector.
Bylaw Enforcement
Officer
means the person(s) appointed by the City to enforce regulatory
bylaws of the City.
C
Car Wash
means the use of land, buildings or structures for washing motor
vehicles.
Cheque-Cashing
means the use of buildings or structures for exchanging cheques for
cash as a principal use.
City
means City of Duncan.
Commercial Vehicle
means any self-propelled or towed vehicle used in commerce to
transport cargo or passengers.
DEFINITIONS
Page 59
City of Duncan Zoning Bylaw No. 3166
Community Care
Facility
means the use of land, buildings or structures for the provision of care
to persons who require specialized care for any purpose, operated in
accordance with the Community Care and Assisting Living Act and
Residential Care Regulation.
Community Use
means the use of land, buildings or structures for the assembly,
gathering, or meeting of persons for religious, charitable,
philanthropic, cultural, educational or any similar non-commercial
purpose.
Condition of Use
means a condition that is required to be met in order to carry out a
use in a zone.
Craft Beverage
Production
means the use of land, buildings or structures for production, storage
and retail sales of beer, cider, spirits, mead or wine in a micro-
brewery, cidery, distillery, meadery or winery.
Cultural Use
means the use of land, buildings or structures for a museum, art or
craft gallery, visitor centre, or theatre for the performing arts.
D
Daycare, Residential
(or Residential Daycare)
means the use of land, buildings or structures for the care of eight (8)
or fewer persons who require supervision during the day.
Daycare, Commercial
(or Commercial
Daycare)
means the use of land, buildings or structures for the care of more
than eight (8) persons who require supervision during the day.
Density
means the quantity of dwelling units in a given area or space.
Derelict Motor Vehicle means all or part of any motor vehicle, other than a recreational
trailer, which is not capable of operating under its own power and
has not been insured for use on public highways within the previous
12 months.
Dog Grooming
means an establishment for the hygienic care and cleaning of dogs
and for enhancing their appearance, which may include dog daycare
where dogs are kept indoors only and not overnight.
3166.11
DEFINITIONS
Page 60
City of Duncan Zoning Bylaw No. 3166
Drive Through
means the use of land, buildings or structures for the provision of
food, services or retail goods to customers in their motor vehicles, but
excludes any financial institution, car wash, automotive fueling station
or automotive repair service that provides such goods or services.
Dwelling, Accessory
(or Accessory Dwelling)
means a dwelling unit which is an accessory use to a principal non-
residential use on the same parcel.
Dwelling, Multi-Unit
(or Multi-Unit Dwelling)
means a building containing three (3) or more dwelling units.
Dwelling, Single-Unit
(or Single-Unit
Dwelling)
means a building containing only one primary (1) dwelling unit and,
where permitted by this bylaw, an attached secondary suite, and
includes a factory built dwelling unit constructed in accordance with
the British Columbia Building Code and the CSA A-277 Modular
Home Standard.
Dwelling, Multi-Unit
Rowhouse
(or Multi-Unit
Rowhouse Dwelling)
means a building comprised of at least three (3) attached dwelling
units, where each dwelling unit has a separate ground-oriented
entrance from the exterior of the building.
Dwelling, Two-Unit
(or Two-Unit Dwelling)
means the use of land, buildings or structures for a dwelling
comprised of two (2) dwelling units, where each dwelling unit has a
separate ground-oriented entrance from the exterior of the building.
Dwelling Unit
means a self-contained living unit for residential use with sleeping
units, sanitary facilities, and only one (1) kitchen.
E
Education Facility
means land, buildings, or structures used for providing academic,
commercial, or curriculum-based educational services.
Electric Vehicle
Charging Station
means a vehicle parking space that is served by battery charging
equipment that has as its primary purpose the transfer of electric
energy to a battery or other energy storage device in an electric or
hybrid vehicle.
3166.11
DEFINITIONS
Page 61
City of Duncan Zoning Bylaw No. 3166
Emergency
Preparedness Kiosk
means a container or other type of structure intended solely for use
in response to natural disasters, diseases or other emergencies, and
used for storage of emergency supplies such as bottled water,
canned foods, clothing, bedding, and first aid supplies.
F
Fabric Covered
Structure
means a manufactured structure consisting of a wood, metal, or
plastic frame, covered on the roof and a maximum of three sides with
fabric, polyethylene or soft vinyl, and intended for temporary storage
purposes.
Fence
means a structure used as an enclosure or screening.
Financial Institution
means a bank, credit union, credit acceptance corporation, trust
company,
finance
company
or
similar
financial
services
establishment.
First Storey
means the uppermost storey having its floor level not more than 2 m
above finished grade.
Fish Hatchery
means the land, buildings, or structures used for the purposes of
artificial breeding, hatching and rearing through the early life stages
of finfish or shellfish.
Food Cart
means a non-motorized mobile cart with a maximum area of 4.65 m2
from which food and beverages are carried, contained, and offered
for sale to the public.
Food Trailer
means a portable self-contained trailer that is equipped to cook,
prepare, or serve and offer food or beverages for sale to the public,
but does not include a food cart.
Food Truck
means a motorized, mobile, self-contained vehicle that is equipped
to cook, prepare, or serve, and offer for sale food or beverages to the
public, but does not include a food trailer or food cart.
DEFINITIONS
Page 62
City of Duncan Zoning Bylaw No. 3166
Floor Area, Gross
(or Gross Floor Area)
means the sum of the total floor areas of all floors in all buildings on
a parcel measured to the outer surfaces of exterior walls of the
building and includes:
(a) all habitable areas, including loft spaces, mezzanines, and spaces
in accessory buildings;
(b) garages and carports; and
(c) enclosed porches; but excludes:
(d) common or exit stairwells, elevator shafts and floor areas
occupied by mechanical systems;
(e) open decks;
(f) outdoor unenclosed parking;
(g) exterior wall thickness in excess of 152 mm;
(h) floor areas with a ceiling height of less than 1.5 m; and
(i) underground parking spaces located at least 2 m below natural
grade.
Floor Area Ratio
means the figure obtained when the total gross floor area of all buildings
and structures on a parcel, is divided by the area of the parcel.
An illustration of Floor Area Ratio
Funeral Service
Facility
means the use of a building for the storage of deceased human bodies
prior to burial or cremation, or for the preparation of the deceased for
burial and the display of the deceased and ceremonies connected
therewith, but in either case excluding the process of cremation.
DEFINITIONS
Page 63
City of Duncan Zoning Bylaw No. 3166
G
Grade, Finished
(or Finished
Grade)
means the lowest of the average levels of finished ground adjoining each
exterior wall of a building, except that localized depressions need not be
considered in the determination of average levels of finished ground.
Grade, Natural
(or Natural Grade)
means the surface elevation of a parcel in its natural state, prior to any
disturbance, alteration of land, excavation or filling, as determined by a B.C.
Land Surveyor, or the elevations shown on a grading plan for the parcel
approved by the Building Inspector.
Green Building
System
means:
(a) equipment that converts, stores, or transfers energy from a renewable
energy source, including equipment used to support solar collectors,
small wind energy systems, heat pump systems, waste heat recovery
systems, and biomass systems, and
(b) equipment that collects, stores and treats rainwater, greywater or
both, on the site on which it falls or is produced.
Green Roof
means a roofing system that utilizes vegetation over a roof membrane to
minimize storm water runoff and reduce heat absorption.
Green Wall
means a structure affixed to a building wall used for growing edible or
ornamental plants.
H
Habitable
means an area used or intended for cooking, eating, sleeping or other
human occupancy.
Height
means the distance measured vertically from natural grade or finished
grade, whichever is lesser; in the case of a building, recorded at the
outermost corners of the building, to the highest part of the building or
structure.
DEFINITIONS
Page 64
City of Duncan Zoning Bylaw No. 3166
An illustration of height
Hen
means the female common domestic fowl kept for egg production, but
does not include a turkey, goose, duck, artificially reared grouse, partridge,
quail, pheasant or ptarmigan.
Highway
means a public road and any other public way, but excludes a lane or trail.
Home-Based
Business
means an occupation, business or professional practice which is carried on
for remuneration or financial gain on a residential parcel as an accessory
use.
Hospital
means the use of land, buildings or structures for a hospital, as defined in
the Hospital Act, as amended or replaced, specifically includes treatment
centres.
Housing
Agreement
means an agreement between a property owner and the City pursuant to
the Local Government Act.
I
Industrial
Activity
means the manufacturing, processing, assembly, fabricating, testing,
servicing, repair, storage, transporting, warehousing, wholesaling,
distributing, wrecking, or salvaging of goods, products or materials from
raw materials, and includes the sale of heavy industrial equipment or
other industrial product.
DEFINITIONS
Page 65
City of Duncan Zoning Bylaw No. 3166
Institutional Use
means the use of land, buildings or structures for police, ambulance, and
fire stations; courts of law; legislative chambers or government
administrative offices.
K
Kennel
means a place where dogs or cats are bred, raised, or boarded overnight.
Kitchen
means a room designed or used for the operation of a stove, grill, oven,
dishwashing equipment, or any other appliance or equipment used in the
preparation of food.
L
Landlord
means a person who is an owner of land, who, in an exchange for rent,
leases it to another individual known as the tenant.
Landscaping
means the physical arrangement and maintenance of vegetation and
hardscape materials on a parcel for the purpose of enhancing the
functional and aesthetic qualities of site development.
Landscape
Buffer
means an area containing landscaping, to provide a buffer between parcels.
Lane
means a public way that provides access to the rear of a parcel.
Loading, Off-
Street
(or Off-Street
Loading)
means the use of an area of a parcel for the loading or unloading of
commercial vehicles in connection with the use of that parcel or an adjacent
parcel .
M
Marijuana
Operation
means cultivating, growing, producing, packaging, storing, distributing,
dispensing, trading or selling of marijuana (cannabis) or its derivatives.
Mechanical
equipment
means heating, ventilation, air conditioning, or refrigeration units, or other
noise-emitting equipment, such as stationary power generators.
3166.11
3166.11
DEFINITIONS
Page 66
City of Duncan Zoning Bylaw No. 3166
Mixed-use
Development
means the use of buildings or structures for a combination of commercial
uses and multi-unit residential uses on the second floor and above.
Mobile Food
Vending
means a food truck, food trailer, or food cart equipped with facilities for
preparation and retail sale of food for immediate consumption.
Mobile Home
means a manufactured home constructed to the CAN/CSA Z240 standard.
Motor Vehicle
means a self-propelled vehicle in, on or by which a person or thing may be
transported on a highway, but specifically excludes vehicles designed to be
used exclusively on stationary rails or tracks, vehicles moved by human
power, mobility scooters, or motor-assisted bicycles.
Motorcycle
Repair and Sales
means the use of a building, structure, or land for the servicing, repair, sale,
lease, or rental of two or three-wheeled motor vehicles.
N
Natural Boundary
means the visible high water mark of any lake, river, stream or
other body of water where the presence and action of the water
are so common and usual, and so long continued in all ordinary
years, as to mark the soil of the bed of the body of water a
character distinct from that of its banks, in vegetation, as well as in
the nature of the soil itself.
O
Occupancy
means the use or intended use of a building or structure or part
thereof for sheltering or supporting persons, animals, or property.
Occupier
has the same meaning as defined in the Community Charter.
Office
means the use of a building for conducting the affairs of a business,
profession, service, or government, including health and veterinary
services, social services, financial services, and research.
Official Community
Plan
means the City of Duncan Official Community Plan and
amendments thereto.
DEFINITIONS
Page 67
City of Duncan Zoning Bylaw No. 3166
Open Deck
means any unenclosed structure connected to a principal building
which:
a. is elevated a minimum of 0.6m from ground level;
b. is structurally supported or cantilevered;
c. may be covered by a canopy or trellis which is not
structurally, nor in appearance, part of the roof system of
the principal use;
d. does not cover a carport or a garage; and
e. may have a railing system, but no solid walls.
This includes any structure forming a border or walking area
surrounding a hot tub, unless the rim of the hot tub is at
ground level.
Owner
has the same meaning as defined in the Community Charter.
P
Parcel
means any lot, block or other area in which land is held or into
which it is subdivided under the Land Title Act or the Strata
Property Act.
Parcel, Corner
(or Corner Parcel)
means a parcel with both a front parcel line and an exterior side
parcel line.
Parcel, Panhandle
(or Panhandle Parcel)
means a parcel, the majority of whose area is physically separated
from the nearest highway by another parcel, and that is connected
to the highway by a narrow strip of land forming part of the parcel.
Parcel, Through
(or Through Parcel)
means a parcel abutting 2 parallel or approximately parallel
highways, or a corner parcel abutting 3 highways.
DEFINITIONS
Page 68
City of Duncan Zoning Bylaw No. 3166
Parcel Coverage
means the percentage of the parcel area that is covered by
buildings and structures, including carports, roofed entries,
enclosed walkways and cantilevered areas, balconies and decks,
but excludes the following:
(a) eaves, exterior finishes, gutters and cornices;
(b) unenclosed steps, landings and wheelchair ramps;
(c) chimneys;
(d) air conditioners and heat pumps;
(e) awnings, trellises and unenclosed patio canopies;
(f)
underground parking facilities; and
(g) uncovered in-ground swimming pools and hot tubs.
An illustration of Parcel Coverage
Parcel Frontage
means the length of the parcel line that directly abuts a highway,
other than a path, walkway, trail or lane.
Parcel Line
means a line that forms the boundary of a parcel.
DEFINITIONS
Page 69
City of Duncan Zoning Bylaw No. 3166
An illustration of Parcel Line
Parcel Line, Exterior Side
(or Exterior Side Parcel
Line)
means the parcel line forming the boundary between a parcel and
highway that has one or both ends intersecting a front parcel line.
Parcel Line, Interior Side
(or Interior Side Parcel
Line)
means any parcel line other than the front parcel line, rear parcel
line, and exterior side parcel line.
Parcel Line, Front
(or Front Parcel Line)
means the parcel line abutting the highway, and:
(a) in the case of a corner parcel, either parcel line that abuts the
highway may be considered the front parcel line, in which
case the other parcel line abutting a highway is deemed to
be an exterior side parcel line; or
(b) in the case of a through parcel, all parcel lines abutting the
highway are considered front parcel lines.
Parcel Line, Rear
(or Rear Parcel Line)
means the parcel line most opposite to and distant from the front
parcel line as measured from the centre point of the front parcel
line to the centre point of the rear parcel line, or where the rear
portion of the parcel is bounded by intersecting side parcel lines,
the point of intersection of the side parcel lines.
DEFINITIONS
Page 70
City of Duncan Zoning Bylaw No. 3166
Park, Community
(or Community Park)
means the land, water areas, buildings or structures used for
recreational, archaeological, historical, educational or ecological
purposes, which may also include accessory buildings, structures
and infrastructure, including community water access, cultural
facilities, administrative offices, interpretative and directional
signage, seating areas, viewing platforms and information kiosks.
Parking Facility
means the use of land, buildings or structures for the parking of
motor vehicles or bicycles, including parking lots and parkade
structures.
Parking, Off-Street
(or Off-Street Parking)
means the use of land for the parking of vehicles or bicycles
accessory to the use of the land.
Party Wall
means a shared supporting wall that is in a building or between
two adjoining buildings and is situated on any part of the common
boundary shared by adjoining parcels as defined in the Land Title
Act.
Pawn Shop
means buildings or structures used by an establishment that
engages in the business of loaning money on the security of
pledges of personal goods, and retail sale of pawned personal
goods.
Permitted Use
means the principal, permissible purpose for which land, buildings
or structures may be used.
Person
has the same meaning as defined in the Community Charter.
Porch
means an unenclosed covered deck or patio on the front or
exterior side yard face of a building used to provide access to the
primary entrance of a dwelling unit.
Principal Building
means a building in which the principal use of a parcel is
conducted.
Principal Use
means the primary purpose for which land, buildings or structures
are ordinarily used.
Property
means real property as defined in the Community Charter.
DEFINITIONS
Page 71
City of Duncan Zoning Bylaw No. 3166
Public Market
means the use of land, buildings or structures for the sale of food,
beverages, arts and crafts by multiple vendors.
Q
R
Recreation Facilities,
Indoor
(or Indoor Recreation
Facilities)
means the use of gymnasiums, indoor racquet courts, curling rinks,
skating rinks, swimming pools, dance studios, aerobic studios,
yoga studios or weight rooms, billiard halls, and bowling alleys and
accessory restaurants, administrative offices, and retail sales of
sporting goods.
Recreation, Outdoor
(or Outdoor Recreation)
means the use of land, for outdoor fitness facilities, running tracks,
ball courts, racquet courts, and canoe, kayak and rowing
clubhouses, and includes accessory restaurants, administrative
offices and retail sales.
Recreational Vehicle
means a camper, travel trailer, fifth wheel trailer or motor home
with a maximum width of 2.6 m in transit mode which can be used
to provide sleeping accommodation and which is capable of being
licensed for highway use pursuant to the Motor Vehicle Act.
Repair Service,
Automotive
means the use of land, buildings or structures for repair of
automobiles and recreational vehicles and may include accessory
retail sales of parts and accessories, but specifically excludes body
repair and painting.
Repair Service, General
means the use of land, buildings or structures for the repair of
household items, small motors, electrical devices, and computers
and may include accessory retail sales of parts and accessories.
Residential Use
means a use providing for the accommodation of one or more
persons, where the minimum rental or occupancy period is 30
consecutive days.
Restaurant
means the use of buildings or structures for the preparation and
serving of food or beverages, including cafes, pubs, and brew
pubs, but specifically excludes drive throughs.
DEFINITIONS
Page 72
City of Duncan Zoning Bylaw No. 3166
Retail & Personal
Service
means the use of land, buildings or structures for the retail sale or
rental of goods, foods, or wares, the provision of services to the
person or personal goods of a customer, but specifically excludes
Pawn Shops and Marijuana Operations.
Retaining Wall
means a structure intended to hold back, stabilize or support an
earthen bank.
S
School, Academic
(or Academic School)
means land, buildings or structures used to provide academic
instruction to students who have an opportunity to earn a
certificate, diploma, or degree provided by the British Columbia
Ministry of Education.
School, Commercial
(or Commercial School)
means land, buildings or structures other than an academic school,
used to provide instruction of any kind and includes art schools,
language schools, business schools, and commercial training
schools.
Secondary Suite,
Attached
(or Attached Secondary
Suite)
means a secondary dwelling unit located in a building of residential
occupancy containing only one other dwelling unit.
Secondary Suite,
Detached
(or Detached Secondary
Suite)
means a secondary dwelling unit located in an accessory building
on the same parcel as a single-unit dwelling.
Setback
means the distance between a building or structure and a parcel
line or other feature.
Shipping Container
means a metal container of standard dimensions, designed for
transporting cargo by ship, rail, or truck.
Short-Term Rental
means temporary accommodation in a building that is provided to
members of the public in exchange for a fee.
3166.11
DEFINITIONS
Page 73
City of Duncan Zoning Bylaw No. 3166
Small Wind Energy
System
means the use of land, buildings or structures for a wind energy
conversion system consisting of a wind turbine, associated
structures and mechanical devices with a nameplate capacity of
not more than five (5) Kilowatt hours.
Sleeping Unit
means one or more rooms used for sleeping and living purposes
and in which there is no kitchen or cooking facilities.
Social Service
means the use of land, buildings or structures for the provision of
information, referrals, counselling and advocacy services, aid in the
nature of food or clothing or drop-in or activity space.
Solar Collector
means equipment designed to absorb solar radiation as a source
of energy for generating electricity or heat.
Storage Yard
means the use of land, for the storage of equipment, goods and
products, vehicles, machinery and materials, either inside or
outside of a building, but does not include auto wrecking.
Storey
means that portion of a building that is situated between the top
of any floor and the top of the floor next above it, and if there is
no floor above it, between the top of a floor and the ceiling above
it.
Structure
means anything constructed, placed, or erected on land, including
retaining walls greater than 1.2 m in height.
Subdivision
means the division of land into two (2) or more parcels, whether
by plan, descriptive words or otherwise.
Surveyor, British
Columbia Land
(or B.C. Land Surveyor)
means a land surveyor licensed and registered as a land surveyor
with the Province of British Columbia.
Swimming Pool
means any structure or construction other than a hot tub, intended
primarily for recreation that is, or is capable of, being filled with
water to a depth of 0.6m or more.
T
DEFINITIONS
Page 74
City of Duncan Zoning Bylaw No. 3166
Temporary
Accommodation
means accommodation for a period not greater than six (6) weeks.
Tenant
means a person who occupies land or property rented from a
landlord.
Transition House
means a temporary accommodation use providing sleeping units
or dwelling units for the provision of emergency and support
services for women and children who have experienced or are at
risk of violence but does not include the use of land for halfway
house use in conjunction with the administration of justice for the
purpose of shelter and support of persons serving or on any part
of a sentence imposed by a court.
Tourist Accommodation
means the use of land, buildings or structures, for temporary
accommodation, of traveling lodgers which may include accessory
facilities such as a restaurant, meeting rooms, convention facilities,
retail sales and recreation facilities.
Trail
means an unpaved pathway or walkway.
Transportation Corridor
means a linear feature which facilitates one or more modes of
transportation.
Treatment Centre
means the use of land, buildings or structures to treat persons for
substance abuse, and includes needle exchange facilities, safe
injection sites, Methadone clinics, and harm reduction centres.
U
Urban Food Garden
means the use of land for growing and harvesting of fruits,
vegetables, and other edible plants.
Use
means the purpose or function for which land, buildings or
structures are used or intended to be used or occupied.
Utility
means the use of land, buildings or structures to facilitate the
production, transmission, delivery or furnishing of water, gas,
electricity or communication services to the public, or the
collection and disposal of sewage, refuse or other waste.
DEFINITIONS
Page 75
City of Duncan Zoning Bylaw No. 3166
V
W
Watercraft
means a boat or vessel that travels on water.
Y
Yard, Front
(or Front Yard)
means the area of a lot between the front parcel line and the
principal building.
Yard, Rear
(or Rear Yard)
means the area of a lot between the rear parcel line and the
principal building.
Yard, Exterior Side
(or Exterior Side Yard)
means the area of a lot between the exterior side parcel line and
the principal building.
Yard, Interior Side
(or Interior Side Yard)
means the area of a lot between the interior side parcel line and
the principal building.
Z
Zone
means any of the areas into which the City is divided in accordance
with this Bylaw, and for which specific regulations are set out in this
Bylaw.
ADOPTION
Page 76
City of Duncan Zoning Bylaw No. 3166
ADOPTION
PASSED FIRST READING 20-NOVEMBER-2017.
PASSED SECOND READING 20-NOVEMBER-2017.
PUBLIC NOTICE GIVEN IN ACCORDANCE WITH THE LOCAL GOVERNMENT ACT
15-NOVEMBER-2017 AND 22-NOVEMBER-2018.
PUBLIC HEARING 27-NOVEMBER-2017.
PASSED SECOND READING AS AMENDED 19-FEBRUARY-2018.
PUBLIC NOTICE GIVEN IN ACCORDANCE WITH THE LOCAL GOVERNMENT ACT
9-MARCH-2018 AND 14-MARCH-2018.
PUBLIC HEARING 19-MARCH-2018.
PASSED THIRD READING 19-MARCH-2018.
RECEIVED MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE APPROVAL 10-APRIL-
2018.
ADOPTED 22-MAY-2018
_____________________________
Phil Kent, Mayor
Allison Boyd,
A/Director of Corporate Services
Page 77
City of Duncan Zoning Bylaw No. 3166
Schedule A - Zoning Map
3166.03
3166.11
3166.08
3166.09