Zoning Bylaw No. 737, 2013 (Consolidated)

Elkford, British Columbia · adopted 2013-01-01

This is the exact embedded text of the captured official document. Snapshot 40f34ec5becb · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BYLAW CONSOLIDATION This consolidation is provided for convenience only and reflects the status of the bylaw as of the specified date. It is not the original bylaw and is not admissible in court. ZONING BYLAW NO. 737, 2013 This consolidation was last updated on May 29, 2026 and includes the following Bylaw Amendments: - Zoning Amendment Bylaw 921, 2025 - Zoning Amendment Bylaw 910, 2024 - Zoning Amendment Bylaw 907, 2024 - Zoning Amendment Bylaw 904, 2024 - Zoning Amendment Bylaw 901, 2024 - Zoning Amendment Bylaw 891, 2023 - Zoning Amendment Bylaw 882, 2022 - Zoning Amendment Bylaw 876, 2022 - Zoning Amendment Bylaw 874, 2022 - Zoning Amendment Bylaw 873, 2022 - Zoning Amendment Bylaw 869, 2022 - Zoning Amendment Bylaw 861, 2021 - Zoning Amendment Bylaw 859, 2021 - Zoning Amendment Bylaw 847, 2021 - Zoning Amendment Bylaw 842, 2021 - Zoning Amendment Bylaw 817, 2019 - Zoning Amendment Bylaw 810, 2018 - Zoning Amendment Bylaw 808, 2018 - Zoning Amendment Bylaw 801, 2017 - Zoning Amendment Bylaw 797, 2017 - Zoning Amendment Bylaw 793, 2017 - Zoning Amendment Bylaw 790, 2017 - Zoning Amendment Bylaw 790, 2016 - Zoning Amendment Bylaw 793, 2016 - Zoning Amendment Bylaw 789, 2016 District of Elkford P.O. Box 340 744 Fording Drive, Elkford, B.C., V0B 1H0 [email protected] DISTRICT OF ELKFORD BYLAW NO. 737, 2013 A Bylaw to regulate the location and Use of Buildings and Structures and the Use of Land within the District of Elkford pursuant to the provisions of the Local Government Act. Municipal Council of the District of Elkford hereby enacts as follows: 1. Citation (a) This Bylaw may be cited as the "District of Elkford Zoning Bylaw No. 737, 2013". 2. Application (a) The provisions of this Bylaw shall apply to the Land within the boundaries of the District of Elkford indicated on Schedule "A" and to the Buildings and Structures therein. 3. Compliance with Other Bylaws (a) Passage of a resolution to permit issuance of a Development Permit does not exempt the applicant from full responsibility for the carrying out of the proposed development in compliance with the Bylaw and all other relevant Bylaws, except as specifically provided in a Development Permit. 4. Administration and Inspection (a) The Chief Administrative Officer and such other person as appointed by the Council of the District of Elkford is hereby charged with the administration of this Bylaw. (b) Such persons as appointed under Subsection 4 (a) may enter, at all reasonable times, upon or into any Land, Building or Structure covered by this Bylaw, in order to ascertain whether the provisions of this Bylaw are being, or have been complied with. 5. Violation (a) It shall be unlawful for any person to cause, suffer or permit any Building or Structure to be constructed, reconstructed, altered, moved, extended or used, or Land to be used, in contravention of this Bylaw or otherwise to contravene or fail to comply with this Bylaw. 6. Penalty (a) Every person who violates any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention of this Bylaw, or who neglects to do or refrains from doing any act or thing thereby violating any of the provisions of this Bylaw, shall be liable to the penalties hereby imposed. (b) Any person who violates any of the provisions of this Bylaw shall upon summary conviction thereof be liable to a penalty of not more than Ten Thousand Dollars ($10,000.00). (c) Each day that violation of this Bylaw is caused to continue, constitutes a separate offense. 7. Severability (a) If any section, subsection, sentence, clause, or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Bylaw. 8. Repeal (a) The District of Elkford Zoning Bylaw No. 592, 1999 and all amendments thereto are hereby repealed. Read a first time this 28th day of January, 2013. Read a second time this 28th day of January, 2013. Received Ministry of Transportation and Infrastructure approval this 22nd day of April, 2013. Public Hearing held this 4th day of March, 2013 and 22nd day of April, 2013. Read a third time this 22nd day of July, 2013. Adopted this 22nd day of July, 2013. Dean McKerracher Curtis Helgesen Mayor Chief Administrative Officer District of Elkford Zoning Bylaw No 737, 2013 SCHEDULE A DISTRICT OF ELKFORD ZONING BYLAW NO. 737, 2013 Table of Contents 1. PART ONE|INTERPRETATION ........................................................................................................ 3 1.1 Definitions ............................................................................................................................. 3 2. PART TWO|GENERAL PROVISIONS ............................................................................................. 21 2.1 Permitted Uses of Land, Buildings and Structures ............................................................. 21 2.2 Accessory Buildings and Structures .................................................................................... 21 2.3 Temporary Buildings and Structures .................................................................................. 22 2.4 Prohibited Uses of Land, Buildings and Structures ............................................................ 23 2.5 Permitted Number of Buildings and Structures ................................................................. 23 2.6 Parcel Area and Frontage ................................................................................................... 23 2.7 Size, Shape and Siting of Buildings and Structures ............................................................. 24 2.8 Off-Street Parking and Loading .......................................................................................... 24 2.9 Provincial Highway Setback ................................................................................................ 24 2.10 Height Exemptions .............................................................................................................. 24 2.11 Visibility at Intersections ..................................................................................................... 24 2.12 Gross Floor Area .................................................................................................................. 25 2.13 Projections into Setbacks .................................................................................................... 26 2.14 Storage and Salvage Yards .................................................................................................. 27 2.15 Home Occupation ............................................................................................................... 27 2.16 Child Care Centres ............................................................................................................... 28 2.17 Bed and Breakfasts ............................................................................................................. 28 2.18 Renewable Energy .............................................................................................................. 28 2.19 Secondary Suite and Coach House Regulations ................................................................. 30 2.20 Medical Marihuana Production Facilities or Cannabis Production Facilities ......................31 2.21 Cannabis Retail .................................................................................................................... 31 3. PART THREE|PARKING, SCREENING, AND LANDSCAPING .......................................................... 32 3.1 Parking Requirements ......................................................................................................... 32 3.2 Dimensions and Design of Parking Spaces ......................................................................... 35 3.3 Parking or Storage of Commercial Vehicles, Trailers, Recreation Vehicle Boats, or Equipment in Residential Zones ......................................................................................... 36 3.4 Loading ................................................................................................................................ 37 3.5 Screening ............................................................................................................................. 38 3.6 Landscaping ......................................................................................................................... 39 3.7 Retaining Walls ................................................................................................................... 41 4. PART FOUR|ZONING ................................................................................................................... 42 4.1 General Conditions ............................................................................................................. 42 4.2 Zone Categories .................................................................................................................. 42 4.3 Zone Boundaries ................................................................................................................. 42 4.4 Single-Unit Residential Zone: R-1 ....................................................................................... 44 4.5 Two-Unit Residential Zone:R-2 .......................................................................................... 46 4.6 Multiple Unit Residential Zone: R-3 .................................................................................... 48 4.7 Apartment Residential Zone: R-4 ....................................................................................... 50 4.8 Comprehensive Development Residential Zone: R-5 ........................................................ 52 4.9 Mobile Home Housing Zone: R-MH .................................................................................... 55 4.10 Manufactured Home Park Zone: R-MP ............................................................................... 57 4.11 Town Centre Commercial Zone C-1 .................................................................................... 59 4.12 Service Commercial Zone: C-2 ............................................................................................ 61 4.13 Neighbourhood Commercial Zone: C-3 .............................................................................. 65 4.14 Industrial Zone: I-1 .............................................................................................................. 67 4.15 Institutional Zone: P-1 .......................................................................................................... 69 4.16 Campground Institutional Zone: P-2 .................................................................................. 71 4.17 Agricultural Zone: A-1 ......................................................................................................... 73 4.18 Urban Reserve Zone: UR-1 .................................................................................................. 74 4.19 Large Holding Zone: LH ....................................................................................................... 75 1. PART ONE|INTERPRETATION 1.1 Definitions (a) In this Bylaw, unless the context requires: Accessory Use Building or Structure means a Use, Building, or Structure on the same Parcel as, and customarily incidental and subordinate to, the Principal Use or Structure on the Parcel and includes but is not limited to greenhouses, sheds, detached Garages, and vehicle tents. Agriculture Use means the Use of a Parcel for any of the following activities involved in carrying on a farm business: (a) growing, producing, raising or keeping plants or animals including: any ungulate such as cows; horses; mules; donkeys; sheep; goats; swine; and llamas and their young; poultry; fowl; bees; and the primary products of those plants or animals; (b) cultivation in plantations of any specialty wood crops or specialty fibre crops prescribed under the Farm Practices Protection (Right to Farm) Act; (c) turf production; (d) clearing, draining, irrigating or cultivating Land; (e) raising or keeping fur bearing animals, within the meaning of the Fur Farm Act; (f) raising or keeping game, within the meaning of the Game Farm Act; and, (g) using farm machinery, equipment, devices, materials and Structures But does not include: (a) all manufacturing and any processing not specifically related to the preliminary grading of agricultural products for shipment; (b) an activity that constitutes a forest practice as defined in the Forest and Range Practices Act; (c) growing, producing, raising or keeping exotic animals, except types of exotic animals prescribed under the Farm Practices Protection (Right to Farm) Act. Agricultural, Urban means the act of growing food on a Parcel zoned for residential, institutional, or commercial Use; in addition to produce grown in a garden, this also includes community gardens, fruit and nut tree production, and the retail sale of produce from the Urban Agricultural Use, provided the retail sales area does not exceed 30 m2, but does not include the keeping of poultry or bees. Amenity and Administration Use means the Use of Land and Buildings in a Mobile Home Park or Campground for washrooms, laundry, drying, indoor storage, indoor recreation, and Office space for Mobile Home Park or Campground administration. Assisted Living Facility means an assisted living residence for three or more adults as defined in the Community Care and Assisted Living Act and includes but is not limited to rest homes, nursing homes, convalescent homes and senior citizen homes. Basement means a Storey, or Storey's of a Building located below the First Storey. First Storey means the uppermost storey having its floor level not more than 2m above the lesser of Average Natural Grade and Average Finished Grade. Bicycle Parking means racks or Structures to accommodate bicycle parking. Boarder means a person who is provided with sleeping accommodation in a Dwelling Unit or Rooming House, for payment of rent. Boarding means a Use accessory to a residential Use where a Building wholly contains not more than two (2) Sleeping Units for the accommodation of not more than a total of two (2) identifiable Boarders, and does not include a bed and breakfast operation;. Brewery means a facility for the brewing, bottling, marketing and retail sales of beers and ales which may include an area for the sale and consumption of beers and ales on site. Building means any Structure used or intended for supporting or sheltering any Occupancy. Campground means Land that has been designed and developed for the temporary placement of Recreation Vehicles, tents, yurts, and/or Tiny Homes to accommodate the traveling public. Campground Space means an area of Land located within a Campground occupied or intended to be occupied by Recreation Vehicles or tents. Cannabis Retail means the Use of a premises to dispense, sell, or distribute cannabis or any product containing cannabis for any purpose including medical use and excludes a Cannabis Production Facility or a Medical Marihuana Production Facility. Cannabis Production Facility means a business or service growing, cultivating, germinating, producing, storing, warehousing or packaging any product or thing containing cannabis. Caretaker Trailer means a Recreation Vehicle that is used as accommodation between the months of March and November by a caretaker who provides caretaker services in respect of a public/recreational Use or outdoor recreation Use on the Land on which the Recreation Vehicle is located. Carport means a partially enclosed Structure used or intended for the shelter of one or more motor vehicles. Cellar means a Storey, the floor of which is more than one half (1/2) its height from floor to ceiling below the lower of Average Natural or Average Finished Grade. Child Care Centre, Major means a Use which provides for the care of more than eight (8) children in accordance Child Care Licensing Regulation under the Community Care and Assisted Living Act. Child Care Centre, Minor means the Use of a Dwelling for the care of (8) or less children in accordance with the Child Care Licensing Regulation under the Community Care and Assisted Living Act. Club means a Building or establishment used by a philanthropic, social service, non-profit, athletic, business or fraternal organization for meetings or social, educational or recreational purposes, including incidental use by the general public. Coach House means an Accessory Building used for the purpose of accommodating a Secondary Suite, subordinate and detached from the Principal Single-Unit Dwelling on the same Parcel, including Tiny Homes. Common Activity Area means a developed indoor area(s) on a Parcel which have been specifically designed to be a recreational or social use by all residents of the Parcel. Community Sewer System means a sanitary sewer or a system of sanitary sewage disposal which is owned, operated and maintained by the District. Community Water System means a system of waterworks, which is owned, operated and maintained by the District. Council means the Municipal Council of the District of Elkford. Distillery means a facility for the manufacture, storage, distribution and sale of spirituous liquors produced on site which may include an area for the sale and consumption of alcohol and products promoting the sale or marketing of the spirituous liquors produced on site. Domestic Animal means an animal kept for companionship and amusement rather than for practical purposes and does not include: any ungulate such as cows; horses; mules; donkeys; sheep; goats; swine; and llamas and their young; poultry; fowl; bees; peacocks; uncaged pigeons; or animals used for agricultural purposes. Dwelling means a Building or portion of a Building designed or used as a Dwelling Unit or units. Dwelling, Apartment means a Dwelling containing three or more Dwelling units which have common entry and exit facilities, constructed on a Parcel providing Usable Open Space and a Common Activity Area or Areas. Dwelling, Employee means a Dwelling Unit accessory to a Principal Use, intended for occupation by an employee of the Principal Use, such as a manager, watchperson, or caretaker. Dwelling, Townhouse means a Dwelling containing at least three Dwelling units separated by party walls, whether subdivided from one another or not, of which each has separate entrance and exit facilities. Dwelling, Single-Unit means a Dwelling containing one Dwelling Unit, including a Modular Home, but not including a Mobile Home except where specifically permitted. Dwelling, Studio means a Dwelling Unit within a Building having a single Habitable room in addition to Kitchen facilities and a bathroom. Dwelling, Two-Unit means a Dwelling containing two Dwelling Units, including a Modular Home, but not including a Mobile Home except where specifically permitted. Dwelling Unit means Habitable room(s) used or intended to be used for living and sleeping purposes for not more than one Household and containing sleeping, Kitchen and bathroom facilities. Equipment/Machinery Light Duty means light equipment and machinery generally not of a self- propelled nature but does not include bulldozers, scrapers, trenchers, power shovels, drag lines, clamshells, power graders, power hoes, or any other type of heavy equipment of similar weight or horsepower rating. Fence means a Structure used as an enclosure or for Screening purposes around all or part of a Parcel, constructed of wood, metal, masonry, stone, or concrete and includes any wall that is not part of a Building. Floor Area Ratio means the ratio between the Gross Floor Area of a Building and the total area of the Parcel upon which the Building is located. Food Primary Establishment means a Liquor Co Frontage means the boundary shared by the Front Parcel Line of a Parcel and a Street. On a Corner Parcel the Frontage shall be deemed to be the shorter of the Street boundaries, regardless of the orientation of the Buildings on the Parcel. Garage means a Building or part thereof used or intended to be used for the shelter, storage or repair of motor vehicles. On a corner Parcel, Frontage is the shorter of a and b Grade, Average Finished means the average elevation of the Finished Grade around the perimeter of a Building, measured at each of the four outermost exterior corners of the Building, or projections thereof. In the case of a Townhouse Building, the Average Finished Grade shall be the average of the four elevations measured where either the outermost face of the side wall or party wall separations, or projections thereof, intersect with the front most and rearmost walls of the Building, or projections thereof. Grade, Average Finished Grade, Average Natural means the average elevation of the Natural Grade around the perimeter of a Building, measured at each of the four outermost exterior corners of the Building, or projections thereof. In the case of a Townhouse Building, the Average Natural Grade shall be the average of the four elevations measured where either the outermost sidewall faces or party wall separations, or projections thereof, intersect with the front most and rearmost wall face of the Building, or projections thereof. Grade, Finished means the grade on a Parcel after construction, taking into account any proposed changes to Natural Grade including any addition of fill or removal of soil, but excluding Localized Depressions. Grade, Natural means (a) with reference to a Building or Structure not requiring subdivision, the elevation of the ground surface in its existing state prior to any disturbance, alteration, excavation or filling, as determined by a registered Land surveyor; (b) with reference to any development requiring subdivision, means the pre-construction grade established on a grading plan submitted to the District in connection with the construction of highways or other services, but excluding Localized Depressions; and (c) with reference to any development where the elevation of the ground surface in its existing state is below the required flood plain construction level as determined by a Professional Engineer, means 0.6 m above the highest elevation of the crown of any Highway abutting the Parcel. o = represents the four outermost exterior corners, or projections thereof, of the Building Gross Floor Area means the total area of all the floors, calculated in accordance with Section 4.12. Habitable means that portion of a Dwelling used primarily for cooking, eating, sleeping or other human occupancy; but excludes bathroom, utility room, mechanical or furnace room, crawl space, Garage or storage area. Height means, in respect of a Building, the greatest vertical distance between the lower of Average Natural Grade and Average Finished Grade and the highest point. Highway includes every highway within the meaning of the Transportation Act, and every road, street, lane, or right of way designed or intended for or used by the general public for the passage of vehicles, and every private place or passageway, to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited. Home Occupation means an occupation, service, profession or craft carried on in a Dwelling Unit or Accessory Building for remuneration or financial gain. Hostel means a building or part thereof used as a temporary place of lodging containing one or more Sleeping Units and may include common facilities for washing, cooking, dining and socializing. [Added by Bylaw 774, 2015] a = greatest vertical distance from the lower of Average Natural and Average Finished Grade Hotel means a Building or part thereof wherein temporary accommodation of the traveling public is provided, and may include Restaurants including Food Primary Establishments, Liquor Primary Establishments, banquet and meeting rooms, Retail stores, and fitness services, as well as in-room Kitchens. Household means either a person; two or more persons related by blood, marriage, common law marriage or adoption; or a group of not more than 5 unrelated persons, not including Boarders; all of whom are living together in one Dwelling Unit using common Kitchen facilities. Indoor Recreation and Entertainment means the use of Buildings, or Structures for recreation, amusement, or entertainment, and includes billiard halls, bowling alleys, arcades, fitness centres, sport facilities, theatres, cinemas, auditoria, concert halls, and galleries. Kitchen means facilities intended or used for the storage, preparation or cooking of food, and includes any room or portion of a room containing cabinets, counters, or appliances or fixtures used for those purposes, including hotplates or microwave ovens, or plumbed or wired for the installation of such appliances or fixtures. Kennel, Class 1 means a Building, Structure, compound, pen or cage, or facility on a Parcel within a residential or agricultural zone on which a minimum of three (3), to a maximum of five (5) dogs, cats, birds, or other Domestic Animals or some combination not exceeding five animals in total, are kept, trained, boarded, cared for, groomed, harboured or bred, whether for business purposes or not, but does not include the keeping of up to two (2) such animals in a Dwelling unit as household pets. Kennel, Class 2 means a Building, Structure, compound, pen or cage, or facility on a Parcel within a non-residential zone on which three (3) or more dogs, cats, birds, or other Domestic Animals or some combination exceeding three (3) animals in total, are kept, trained, boarded, cared for, groomed, harboured or bred for remuneration. Land includes the surface of water. Landscaping means the placement or addition of lawns, shrubs and trees or ornamental plantings; permeable elements such as bricks, pavers, shale, or crushed rock; non-permeable elements in the form of patios, walkways and paths; and decorative features such as decorative fencing, walls, or sculptures or other Structures and materials as used in landscape architecture, and does not include paved parking areas, uncleared natural bush, undergrowth or uncontrolled weeds. Liquor Primary Establishment means an establishment that holds a Liquor Primary License issued under the Liquor Control and Licensing Act. Liquor Store means the Use of premises for the retail sale of liquor, beer or wine for consumption off the premises. Loading Space means an unobstructed area used to provide access for vehicles to a loading door, platform or for the purpose of loading and unloading goods or materials. Localized Depression means: (a) any depression in Natural Grade not exceeding in width the lesser of 3 m and 20% of the wall length along any Building wall that it intersects; (b) a depression below Finished Grade created for the purposes of providing vehicles or pedestrian entrance to a Building subject to the following conditions: (i) only one vehicle entrance and one pedestrian entrance may be excluded from the calculation of Average Finished Grade or Average Natural Grade as Localized Depressions in respect of a Single-Unit Dwelling. (ii) on any side of a Building in a Single-Unit Dwelling zone, the Localized Depression width shall not exceed the lesser of 50% of the Building width and: a = the lesser 3 m or 20% or b 1) 6 m for vehicle access; 2) 2.44 m for a pedestrian access provided also that the area of the access does not exceed 3 m2; 3) 7.3 m for a combined vehicle and pedestrian access; and provided that any combination of vehicle or pedestrian entrances and existing depressions remaining after final grading shall not exceed 50% of the Building width or length along any side of a Building. Mail Order Sales means internet, telephone or postal sale of goods in which no merchandise is stored on the premises except for a display sample of not more than one of each item for sale. Manufactured Home Pad means that portion of a Manufactured Home Space, designated, designed and prepared for the installation and support of a Mobile Home or Modular Home. Manufactured Home Park means Land used for the accommodation of two or more Mobile Homes or Modular Homes. Manufactured Home Space means an area of Land within a Manufactured Home Park occupied or intended to be occupied by one Mobile Home or Modular Home. Marihuana means all parts of the genus cannabis whether growing or not and the seed or clone of such plants. Medical Marihuana Production Facility means a facility, licensed by the Federal Government under the Marihuana for Medical Purposes Regulation, used solely for the production, manufacturing, processing, testing, packaging, and shipping of marihuana and marihuana products for medical purposes. Mobile Home means a single-wide or double-wide Dwelling, constructed in a factory to CSA Z240MH standards, transported on its own chassis and placed on a permanent foundation complying with the B.C. Building Code if placed in the Mobile Home Housing zone or on a temporary foundation complying with CSA Z240.10.1 Site Preparation, Foundation and Anchoring of Manufactured Homes if placed in the Mobile Home Park Zone, and does not include a Recreation Vehicle. Mobile Home, Two-Unit means a Two-Unit Dwelling, constructed in a factory to CSA Z240MH standards, transported on its own chassis and placed on a permanent foundation complying with the B.C. Building Code if placed in the Mobile Home Housing zone or on a temporary foundation complying with CSA Z240.10.1 Site Preparation, Foundation and Anchoring of Manufactured Mobile Vendor Homes if placed in the Mobile Home Park Zone, and does not include a Recreation Vehicle. means a person who, either on his own account or as an officer, servant, or agent of another, sells or offers for sale goods from a mobile truck or other vehicle. Modular Home means a Dwelling constructed in a factory to CSA A277 standards, transported to a building site on a flat-deck trailer and placed on a permanent foundation complying with the B.C. Building Code, and does not include a Mobile Home or Recreation Vehicle. Occupancy means the use or intended use of a Building or part thereof for shelter or support of persons, animals or property. Office means premises for the provision of professional, management, administrative, consulting, or financial services, including but not limited to lawyers, accountants, travel agents, real estate and insurance firms, planners, clerical and secretarial agencies, printing, publishing, and media production, but excludes the servicing and repair of goods, the sale of goods to the customer on the site, and the manufacture or other handling of a physical product. Parcel means an area of Land designated as a separate and distinct Parcel on a Subdivision or strata plan filed in the Land Title Office. Parcel, Corner means a Parcel abutted by Highways on two or more sides and having a front Parcel Line and at least one exterior side Parcel Line. Parcel Area means the area of a Parcel taken in a horizontal plane within the Parcel Lines of the Parcel. Parcel Coverage means the aggregate horizontal area within the outermost walls of the Principal and Accessory Buildings and Structures on a Parcel expressed as a percentage of the Parcel Area, including decks but not including patios that are less than 0.6 m above finished grade. Parcel Line means a legal boundary of a Parcel. Parcel Line, Exterior Side means the Parcel Line(s) not being the Front or Rear Parcel Line, common to the Parcel and a Street or, in the case of a bare land strata parcel, an access route in the strata plan. Parcel Line, Front means the Parcel Line(s) common to the Parcel and a fronting Street or, in the case of a bare land strata parcel, an access route in the strata plan, and where there is more than one fronting Street or access route, the shorter of the Parcel Lines common to the Parcel and the fronting Streets or access route. Parcel Line, Interior Side means the Parcel Line(s), not being the Front or Rear Parcel Line, common to more than one Parcel. Parcel Line, Rear means the Parcel Line(s) opposite to and most distant from the Front Parcel line, and where the rear portion of the Parcel is bounded by intersecting side Parcel Lines, shall be deemed to be the point of such intersection. Parcel Coverage Parcel Width means the greater of the length of the Front Parcel Line and the distance between the side parcel lines of the Parcel measured parallel to the Front Parcel Line and 8 m to the rear of the Front Parcel Line. Personal and Professional Services means the provision of financial, post office, insurance, or real estate services; out-patient preventive, diagnostic, treatment, therapeutic, rehabilitative, or counseling health services; legal services; and services related to the care and appearance of the body and the maintenance of personal effects, including tailoring, dry cleaning, and laundry services. Principal Building means a Building that accommodates the Principal Use of a site, and may accommodate one or more Accessory Uses. Principal Use means the main purpose for which Land, Buildings or Structures are used. Professional Engineer means a member of the Association of Professional Engineers and Geoscientists of B.C. Public Culture and/or Art Centre means a facility providing space for the pursuit of cultural activities, including arts, entertainment, crafts, heritage and languages. Public Utility means a Use providing for the essential servicing of the District where such a Use is established by the District, another government body or by a corporation or company operating under the Utilities Commission Act, including facilities and infrastructure for water, sewer, electrical, natural gas, telecommunications, wireless communications, broadcasting transmissions, traffic controls, substations and similar services, but excludes public storage and work yards. Recreation Vehicle means a motor vehicle, or a vehicle that is intended to be transported or drawn by a motor vehicle on a Highway, designed or used primarily for accommodation during travel, or recreation or as a Temporary Building or Structure. Parcel Width = the greater of a or b Renewable Energy Device means a device or system in which energy is derived from natural resources that are renewable (naturally replenished) within a reasonable timeframe. Retail means the sale of goods to the general public, including sales at convenience stores, grocery and produce stores, and pharmacies, but not the sale of liquor in a Liquor Store. Restaurant means premises for the preparation, service and sale of food to the public for immediate consumption, within the premises or at other premises, and includes a Food Primary Establishment except where expressly prohibited, but excludes premises for the consumption of food in motor vehicles parked on the site, or with drive-through takeout facilities. Resource Extraction Use means the extraction of primary mineral and other resources, and includes the preliminary grading, washing or crushing of such materials for shipment, but excludes all other processing or manufacturing. Rooming House means a Building in which the owner or manager resides and where more than two (2) Sleeping Units are made available for remuneration, with and without meals being provided. It does not include Hotels, motels, bed and breakfasts or community care facilities. Salvage Yard means an open area accessory to a Principal Use including a vehicle wrecking or dismantling yard, where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to metals, paper, rags, rubber tires and bottles. Screening means a landscaped area used to visually screen and buffer Land uses, comprised of a dense planting of coniferous vegetation, a Fence, or a combination thereof, installed or planted so that no person is able to see through it, and which is broken only by access drives, and walkways. Secondary Suite Service Station means a Dwelling Unit accessory to a Single-Unit Dwelling contained within a Single-Unit Dwelling or permitted Accessory Building. means any Building or Land, used for the Retail sale of motor fuels and lubricants and includes automobile diagnostic centres, the washing, servicing and repairing of motor vehicles, and the sale of automotive accessories, but excludes all other sales and services, auto body shops, and vehicle painting. Setback means the required minimum distance between the face of the foundation of a Building or Structure or Use and each of the respective Parcel Lines. Sleeping Unit means a unit of accommodation that includes a sleeping room and may include a bathroom, and a Kitchen. Solar Energy Facility means an electric generating facility whose main purpose is to collect and convert solar energy to generate, store, distribute and supply electricity and consists of one or more solar collector panel, film, shingle, or other device and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines, and other appurtenant structures and facilities. Solar Hot Water Heating means the heating of domestic water by direct renewable solar energy. Storage Yard means the exterior storage of equipment, goods, products, vehicles, machinery and materials, but does not include a Salvage Yard. Storey means a Habitable space between the top of any floor and the upper surface of the floor next above it, except that the top most Storey shall be that portion of a Building included between the upper surface of the top most floor and the ceiling above, and includes any Basement which contains Habitable accommodation. Storey, First means the uppermost Storey having its floor level not more than 2 m above the lesser of Average Natural Grade and Average Finished Grade. a = Front Setback b= Rear Setback c = Exterior Side Setback d = Interior Side Setback a = not more than 2 m above the lesser of Average Natural and Average Finished Grade Street means the travelled portion of a highway. Structure means a construction of any kind, whether fixed to, supported by, or sunk into Land or water. Subdivision means the division of a Parcel under the Land Title Act or the Strata Property Act, and the consolidation of or boundary adjustment between or among two or more adjoining Parcels. Taxidermy means preparing and mounting skins of animals in a lifelike manner for commercial purposes. Tiny Home means a Dwelling Unit constructed to CSA A277, CSA Z240, CSA Z241, or CSA Z240-RV standard which is not a Recreation Vehicle, has a Gross Floor Area of 47 square metres or less, and, when used as a Coach House, is placed on a permanent foundation complying with the BC Building Code. U-Vin/U-Brew means a commercial establishment that provides assistance and instruction in the process of making wine or beer for consumption by the customer and not for resale. Usable Open Space means an outside compact and unobstructed area(s) available for safe and convenient use by all the inhabitants of a Townhouse Dwelling, an Apartment Dwelling, or a Mobile Home Park, having no dimension of less than 6.0 m and no slope greater than 5%, providing for landscaping, gardens, and space for recreation and other leisure activities normally carried on outdoors, and excluding areas used for off-Street Parking, off- Street loading, service driveways, private balconies or patios and roof areas. Use means the purpose, function or activity to which Land, Buildings or Structures are or may be occupied or maintained. Vehicle and Equipment Sales, Rental, and Service means a Use of Land, Buildings, or Structures for the sale of vehicles and equipment, including parts, tires, and related supplies other than motor fuels, vehicle and equipment repair and installation, vehicle body fabrication, repair, and painting, and vehicle towing. Wet Bar means a small facility that is used exclusively to prepare beverages or other items that do not require Kitchen facilities or the wiring or rough-in of services for the installation of such facilities. Workforce Camp means or one more buildings or structures established for the purpose of providing temporary accommodations for workers, arranged to provide individual Sleeping Units with or without individual bathrooms, without kitchens located in the Sleeping Units, and may include meals provided in common dining areas, common facilities for recreation, laundry and other basic living essentials. Yard, Front means the area of a Parcel between the front face of the Principal Building and the Front Parcel Line and between side Parcel Lines. Yard, Rear means the area of a Parcel between the rear face of the Principal Buildings and the Rear Parcel Line and between side Parcel Lines. Yard, Side means the areas of a Parcel between the side face of the Principal Building and the side Parcel Lines and between the Front Yard and the Rear Yard. a = Front Yard b= Rear Yard c = Exterior Side Yard d = Interior Side Yard 2. PART TWO|GENERAL PROVISIONS 2.1 Permitted Uses of Land, Buildings and Structures (a) The Use of Land, Buildings and Structures shall be in accordance with the Permitted Uses specified in this Bylaw. (b) The following Uses, Buildings and Structures shall be allowed in all zones: (i) the temporary Use of a Building or part thereof as a polling station for government elections, referenda, or census, provided that the time period of such Use does not exceed sixty (60) days; (ii) the temporary Use of a Building or part thereof as campaign headquarters for political candidates, providing that the time period of such Use does not exceed ninety (90) days; (iii) Public Utilities; (iv) Street furniture; (v) Street lighting fixtures; (vi) Streets and rights-of-way; (vii) Street identification signs, Street-number signs, residents name signs and prohibitive signs; (viii) accessory off-street parking; and (ix) parks and playgrounds. 2.2 Accessory Buildings and Structures (a) No Accessory Building or Structure, including any Private Renewable Energy Device, shall be erected on any Parcel unless the Principal Building to which the Building or Structure is Accessory has been erected or will be erected simultaneously with said Accessory Building or Structure. (b) No Accessory Building or Structure shall be located in the Front Yard of a Parcel in a residential or commercial zone. (c) The attachment of an Accessory Building or Structure to a Principal Building is prohibited unless all portions of the Accessory Building or Structure, following attachment, will comply in all respects with the requirements of this Bylaw applicable to the Principal Building. (d) Unless used for transport purposes, shipping containers shall be considered an Accessory Structure and shall be subject to the following regulations: (i) shall only be permitted in the I-1, A-1, UR-1, P-1, P-2 and C-2 zones; (ii) shall be limited to a maximum of two (2) containers per Parcel; (iii) shall be not longer than 13 m nor wider than 2.5 m per shipping container; (iv) shall be subject to the siting requirements for Accessory Building or Structures on the Parcel where the container is located. (v) may be stacked vertically provided that the Height of the shipping containers combined shall not exceed the maximum Principal Building Height requirements on the Parcel where the container is located. 2.3 Temporary Buildings and Structures (a) Temporary Buildings and Structures ("TBS") which are erected or placed for the purpose of providing temporary office space, storage of materials for moving, accommodation or shelter for construction crews, or storage of materials for the construction of any Public Utility or service, or Building or Structure are permitted in all zones subject to the following requirements: (i) a valid and subsisting building permit, with a construction value of no less than $100,000, shall be in place for the construction of the Public Utility or service, or Building or Structure for which the TBS is required; (ii) an application shall be made in writing to the Building Inspector for a siting permit to erect or place a TBS. The Application shall state clearly the proposed location of the TBS, the nature and purpose of the TBS, and the length of time it is intended to maintain the TBS; (iii) The TBS must be located on the same parcel as the Public Utility or service, or Building or Structure, or on a parcel immediately adjacent to such parcel; (iv) subject to the satisfaction of the Building Inspector that the proposed TBS would not constitute or cause a public hazard or public nuisance, nor obstruct any public right-of-way, a siting permit shall be limited to a period of not more than six (6) months, with the ability, on application, to renew the permit for further periods each of not more than six (6) months; (v) within thirty (30) days of the completion of the Public Utility or service, or Building or Structure, any TBS shall be removed by the applicant and the site thereof restored as nearly as possible to the condition prior to the erection or placement of the TBS; (vi) Shall be limited to a maximum of two (2) TBS per parcel; (vii) A Recreation Vehicle may be considered a TBS for the purposes of this Section 2.3. (b) Temporary Buildings or Structures may be erected or placed on Parcels zoned C-1, for the purpose of a Retail, Restaurant, or Public Culture and/or Art Centre Use, subject to the following requirements: (i) A Temporary Building or Structure may only be placed for a period not exceeding 180 days, after which any such building or structure must be removed and the Use discontinued for at least a period of 180 days; (ii) Notwithstanding Section 2.2 (d), a shipping container may be used as a Temporary Building pursuant to this Section; (iii) Except in the case of a Mobile Vendor, a person seeking to place a Temporary Building or Structure shall first obtain a development permit and building permit, in accordance with the Official Community Plan and Building Bylaw; (iv) Section 4.11 (c) and (d) shall not apply to Temporary Buildings or Structures pursuant to this Section; (v) a Mobile Vendor is considered a Temporary Building or Structure for the purposes of this section. 2.4 Prohibited Uses of Land, Buildings and Structures (a) The following Uses shall be prohibited in all zones: (i) A Use that is carried on wholly or partly in a Mobile Home, except as may be permitted under the provisions of the Mobile Home Housing Zone, R-MH, or Mobile Home Park Zone, R-MP; (ii) The storage of an automobile and any part thereof which is in a state of disrepair, wrecked, or being dismantled for salvage, or which is not licensed or insured for the current year, except where specifically permitted under the provisions of this Bylaw; and (iii) The storage of contaminated materials, unless in accordance with the Environmental Management Act. 2.5 Permitted Number of Buildings and Structures (a) No Parcel shall have more than one Principal Building or Structure of any kind constructed or placed upon it unless specifically permitted by this Bylaw. 2.6 Parcel Area and Frontage (a) No Parcel shall be created having a lesser area or Frontage than the Parcel Area and Frontage specified for the zone in which the Parcel is located, and for the nature of municipal services that are available to the Parcel or that will be provided to the Parcel as a condition of approval of the subdivision. (b) Where this Bylaw specifies a Parcel Area or Parcel Frontage for a particular Use of Land, Building or Structure, the Use, Building or Structure is not permitted on a Parcel having a lesser Area or Frontage. (c) Parcels existing at the time of the effective date of this Bylaw which do not conform to the Parcel size or Frontage requirements of these Regulations may be used for any of the Uses specifically permitted in the respective zone provided that all other requirements applicable within that zone can be met and provided that no other Regulations are contravened. (d) The provisions of section 2.6 (a),(b), and Parcel Coverage regulations of this bylaw do not apply in the following cases: (i) The parcel being created is to be used solely for an unattended building or equipment necessary for the operation of: a. a community water system; b. a community sewer system; c. a community gas distribution system; d. a radio or television receiving or broadcasting antenna; e. a telecommunication relay station; f. an air navigation aid; g. an electrical substation or power generation station; h. parks and playgrounds; or i. any other similar public service facility or utility; and is to be used for no other purpose. (ii) If an existing Parcel within the A-1 or UR-1 zone is divided by an existing Highway, then a new Parcel may be created provided: a. each new Parcel has a minimum size of 1 Ha; b. only one Parcel is created and that parcel consists of the entire area isolated from the parent Parcel by the Highway. (iii) Parcel lines are relocated to facilitate an existing development or improve a Subdivision pattern provided that: a. no additional Parcels are created; b. all Parcels are contiguous; and c. no Parcel shall be enlarged to a size permitting further Subdivision. 2.7 Size, Shape and Siting of Buildings and Structures (a) The construction, reconstruction, alteration, moving or extension of Buildings and Structures within any zone shall be in conformity with the regulations for the size, shape and siting of Buildings and Structures specified in this Bylaw. 2.8 Off-Street Parking and Loading (a) No Land, Building or Structure shall be used by the owner, occupier or any other person for any Use unless the off-Street parking and off-Street loading requirements for that Use have been provided in accordance with PART THREE of this Bylaw. 2.9 Provincial Highway Setback (a) Where a Building is to be constructed on a Parcel which fronts onto a Provincial Highway and the Ministry of Transportation and Highways requires a Front Yard Setback in excess of the requirements of this Bylaw, the requirements of the Ministry of Transportation and Highways shall apply, unless a greater Setback is required under the Transportation Act in relation to an arterial Highway. 2.10 Height Exemptions (a) The height of limitations of this Bylaw shall not apply to church spires, belfries, steeples, cupolas, domes, monuments, fire and hose towers, transmission towers and poles, water tanks, telecommunications antennas, chimneys, smoke stacks, ventilators, flag poles, lighting poles, Apartment elevator shafts, clotheslines, and industrial cranes. 2.11 Visibility at Intersections (a) In all zones there shall be no obstruction to vision at intersections by Buildings, Structures, or Landscaping between the heights of 1 m and 3 m above Finished Grade as measured at the intersection of the Street centrelines, and within the area bounded by centre lines of intersecting Street and a line joining each centre line at a distance of 25 m from the point of intersection. 2.12 Gross Floor Area (a) For either a Single-Unit or Two-Unit residential Use, Gross Floor Area shall be measured to the exterior surface of the exterior walls but excludes: (i) Exterior Cladding and Exterior Solid Wall Systems up to a maximum thickness of 0.165 m provided that the exterior insulation or weather protection wall system has been approved by a Professional Engineer; (ii) That portion of a Dwelling that is dedicated for a conduit run extending from the mechanical service area to roof for the purposes of Solar Hot Water Heating; (iii) That portion of the Dwelling used for mechanical space, not to exceed 4.65 m2, provided that at least one of the following heating devices or systems is located within the space: ENERGY STAR furnace with a minimum 95% AFUE (thermal efficiency), ENERGY STAR condensing Boiler with a minimum 90% AFUE (thermal efficiency), ENERGY STAR condensing domestic hot water storage tank with a minimum 94% thermal efficiency, ENERGY STAR instantaneous condensing domestic hot water system with a minimum energy factor of 0.90, ENERGY STAR heat recovery ventilator, CAN /CSA C448 compliant geothermal heat exchange components, or CAN/CSA compliant solar hot water system; (iv) Floor areas with ceiling heights of less than 1.5 m; (v) Garages to a maximum floor space exclusion of 46 m2; (vi) The floor area of Accessory Buildings, other than Garages and Coach Houses, not to exceed 50 m2; (vii) Stairwells; and (viii) Unenclosed balconies, unenclosed decks, unenclosed patios, and unenclosed porches. b) For all other Uses, Gross Floor Area shall be measured to the exterior surface of the exterior wall and not include: (i) unenclosed balconies; (ii) unenclosed decks, patios, terraces, and courtyards; (iii) common corridors, common stairwells, elevator shafts, and a common entry lobby; (iv) common recreation facilities and amenities, including swimming pools and laundry facilities; (v) common garbage and recycling facilities; (vi) common Class Bicycle Parking facilities; and (vii) those portions of the Building situated below the Average Grade that are used for parking, storage, or mechanical spaces, and cisterns for the collection of stormwater, but not Habitable spaces. c) For buildings in multiple-unit zones, gross floor area shall exclude a maximum of 0.165 m of thickness of the exterior cladding and exterior solid wall systems, provided that an exterior insulation or weather protection wall system has been approved by a Professional Engineer. 2.13 Projections into Setbacks (a) The following may project into or be located in a required Front, Side or Rear Setback : (i) steps; (ii) eaves and gutters, cornices, sills, bay windows, sun shades, chimneys, or other similar features provided that such projections do not exceed 1 m, nor 0.65 m in the case of a Side Yard of 1.2 m or less in width; (iii) open porches and canopies, provided that such projections do not exceed 1.8 m, or 50 percent of the width of a required Side Yard, when sited in a Side Yard . The minimum height to the underside of a canopy shall be 2.5 m; (iv) balconies and sunshades, provided that such projections do not exceed 1.3 m; (v) an unenclosed patio or terrace in any yard in all residential zones; (vi) arbours and trellises, fish ponds, ornaments, or similar landscape features; (vii) a fire escape not more than 1.25 m wide; (viii) free-standing lighting poles, warning devices, antennas, masts, utility poles, wires, flag poles, clotheslines and clothesline poles, signs and sign Structures may be sited on any portion of a Parcel provided that the location and design thereof is not prohibited under this or any other Bylaw or regulation of the District; (ix) Public Utilities, cisterns, storage tanks, and other underground Structures which are covered by sufficient soil depth to accommodate Landscaping and provided that the top surface of such Structure shall at no point extend above Finished Grade; and (x) ramps, lifts, or other Structures intended to allow access to Buildings by persons with disabilities. 2.14 Storage and Salvage Yards (a) No Storage or Salvage Yard shall be permitted in: (i) any required Front Yard; (ii) any required yard which abuts a Residential Zone unless buffering, screening, physical separation or other design measures are utilized to reduce any unsightly premises from the Residential Zone. (iii) any required yard which is separated by a Street from a Residential Zone unless buffering, screening, physical separation or other design measures are utilized to reduce any unsightly premises from the Residential Zone. 2.15 Home Occupation (a) A Home Occupation, where permitted: (i) shall be carried on by the residents of the Dwelling Unit and no more than two people who are not residents of the Dwelling Unit shall be employed in such occupation; (ii) shall be conducted entirely within a Dwelling Unit or an enclosed Accessory Building; (iii) shall not involve the sale of a commodity on the property unless it is produced on the premises, except for Mail Order Sales; (iv) shall not involve exterior storage of materials, used directly or indirectly in the processing or resulting from the processing of any product of such occupation; (v) shall not require delivery of material or commodities in such bulk or as quantity to require more than once per week delivery by a commercial vehicle or trailer; (vi) shall accommodate any increase in automobile parking attributable to the use of the premises for Home Occupation off-Street according to the requirements of PART THREE of this Bylaw; (vii) shall produce no offensive: 1) noise; 2) odorous, toxic or noxious matter; 3) heat, glare or radiation; 4) dust; 5) smoke; or 6) electrical interference. (viii) shall not involve storage of ammunition materials for sale except for a display sample of not more than one of each item. Also, no storage of products that produce inflammable or explosive vapours or gases under ordinary temperatures is allowed; (ix) shall in the case of contractors, tradespeople or mobile services include only business offices and up to 46 m2 of enclosed storage space for materials on the premises; (x) in the case of occupations involving instruction, shall accommodate a maximum of two students on the premises per instructor at any one time; and (xi) shall be operated in a manner that is accessory and subordinate to the residential Use and does not alter the residential appearance or character of the Building in which it is located. (b) No Home Occupation shall be permitted unless the proprietor of a Home Occupation has obtained a licence for carrying on such a Home Occupation, where such licence is required to be obtained under the provisions of the Community Charter or the provisions of such other applicable statutes, bylaws, and regulations in force from time to time. 2.16 Child Care Centres (a) A Child Care Centre, Minor Use accessory to a principal Dwelling shall be considered to be a Home Occupation, and (b) A Child Care Centre, Major Use in the C-1, C-3, or P-1 zones shall be considered a Principal Use. 2.17 Bed and Breakfasts (a) A bed and breakfast Use accessory to a principal Dwelling shall be considered to be a Home Occupation and shall conform to the following regulations: (i) the Principal Use of the Dwelling Unit shall remain a Household residence; (ii) not more than two Sleeping Units may be used for bed and breakfast accommodation; (iii) not more than one meal per day shall be provided to customers; (iv) no liquor shall be offered for sale or sold to customers; (v) off-Street parking shall be accommodated on the Parcel; (vi) no more than ten (10) guests shall be allowed to sleep in the Dwelling. 2.18 Renewable Energy (a) The production of the renewable energy as well as any device used to produce the energy must comply with all other Municipal, Provincial and Federal Bylaws, Statutes and Regulations including but not limited to the District of Elkford Building Bylaw and BC Building Code Regulations. (b) Solar Energy Devices: (i) In residential, urban reserve and commercial zones, solar energy devices shall be permitted provided that the solar energy device shall: 1) be attached to a Principal or Accessory Building; and 2) not extend beyond the outermost edge of the roof. (ii) In agricultural, industrial and institutional zones, solar energy devices shall be permitted provided that: 1) the device is located on either the Principal or an Accessory Building in which case the device shall not extend beyond the outermost edge of the roof; or 2) as a standalone Structure subject to the siting requirements for Accessory Buildings or Structures in Section 4.2 and in the applicable zones in PART FOUR of this Bylaw. (c) Geothermal Energy Devices and Heat Pumps: (i) In all zones, all above ground parts of geothermal energy devices and heat pumps are subject to the requirements for an Accessory Building or Structure in Section 2.2 and in the applicable zones in PART FOUR of this Bylaw. (ii) In all zones the underground parts of geothermal energy devices and above ground heat pumps shall be a minimum 3 m away from all Parcel Lines. (iii) In residential zones, no geothermal energy device or heat pump shall emit noise greater than 55 dba, as measured at the nearest residential Building face on an adjacent property. (iv) Geothermal energy devices or heat pumps shall not be located closer than 7.5 m from a window or door of any Dwelling Unit on an adjacent Parcel. (v) Geothermal energy systems or heat pumps requiring access to the Elk River or any other watercourse must obtain authorization from the Province. (d) Wind Energy Devices: (i) In all zones, all above ground parts of the wind energy devices which generate up to 10 kW shall be subject to the requirements for an Accessory Building or Structure in Section 2.2 and be subject to the following regulations: 1) only one wind energy device is permitted on each Parcel; 2) the Parcel on which a wind energy device is located shall be 1,250 m2 or greater in size; 3) maximum height of a wind energy device (including the blades) shall be 10.5 m as measured from the Finished Grade; and 4) a wind energy device tower shall have a minimum separation from any Dwelling Unit on an adjacent Parcel that is a distance equal to 125% of the total height of the device (including support Structure and blades). (ii) For Parcels in industrial, institutional, urban reserve and commercial zones that are not adjacent to residential zones, wind energy devices which generate up to 20 kW shall be permitted as an Accessory Use, subject to the following requirements: 1) only one wind energy device is permitted on each Parcel; 2) the Parcel on which a wind energy device is located shall be 560 m2 or greater in size; 3) maximum height of a wind energy device (including the blades) shall be 21 m as measured from the ground; and 4) a wind energy device tower shall have a minimum separation from any Dwelling unit on an adjacent Parcel that is a distant equal to 125% of the total height of the device (including support Structure and blades). (iii) Wind energy devices on industrial, institutional, urban reserve and commercial Parcels adjacent to residential zones are subject to Section 2.18(d)(i). (e) Biomass: (i) Biomass fuelled boilers shall only be permitted in the I-1, A-1, UR-1, and P-1 zones, subject to the requirements for an Accessory Building or Structure in Section 4.2 and in the applicable zones in PART FOUR of this Bylaw. 2.19 Secondary Suite and Coach House Regulations (a) Secondary Suites, where permitted in this Bylaw, shall comply with the following regulations: (i) Secondary Suites shall be considered an Accessory Use to a Principal Single-Unit Dwelling; (ii) Secondary Suites shall be connected to community water and sewer services; (iii) Secondary Suites shall not be located in Single-Unit Dwellings that are Mobile Homes; (iv) Secondary Suites shall form a single real estate entity with the principal Single-Unit Dwelling; (v) Secondary Suites shall be limited to: 1) one such Use per Single-Unit Dwelling, 2) a maximum of 90 m2 or 40% of the Gross Floor Area of the Dwelling, whichever is less; (b) Secondary Suites may only be located in a detached Coach House where: (i) a continuous unobstructed pathway of not more than 45 m in length, consisting of a minimum width of at least 90 cm and vertical headroom clearance of at least 2.1 m, is provided from the fronting Street to the principal entrance serving the Coach House; (ii) the address for the Coach House located on the property is visible from the Street, mounted on the Building or a signpost adjacent to the path of travel leading to the detached Accessory Building. (c) In addition to the requirements of Section 2.19(b), Coach Houses shall: (i) be included in the determining of Parcel Coverage for the parcel on which it is located; (ii) not exceed 10% of the Parcel Coverage requirements for the Parcel on which it is located; (iii) be prohibited where the principal Dwelling contains a Secondary Suite; (iv) not be sited in the Front Yard. 2.20 Medical Marihuana Production Facilities or Cannabis Production Facilities (a) A Medical Marihuana Production Facility or Cannabis Production Facility, where permitted: (i) shall be conducted entirely within an enclosed Building; (ii) shall not involve the retail sales on the property; (iii) shall not involve exterior storage of materials, used directly or indirectly in the processing or resulting from the processing of any product; (iv) shall conduct all preparation for shipping goods inside the building and must not be visible from the street. (b) All Medical Marihuana Production Facilities or Cannabis Production Facilities must be designed and constructed such that the facility: (i) includes a filter system to prevent the escape of pollen and odours, designed by a professional whose area of specialty includes the design of these systems; (ii) is designed to keep impact on the environment, and exposure and disturbance to humans, including noise, odour, toxic or noxious matter, heat, glare, dust, smoke and electrical interference to a minimum; (iii) includes measures to ensure security, including intrusion detection, to detect attempted or unauthorized access, operating 24 hours a day 7 days a week monitored by personnel; (iv) includes perimeter fencing. (c) Buildings and structures for Medical Marihuana Production Facilities or Cannabis Production Facilities shall be sited not less than: (i) 150 m from any residential zone; (ii) 150 m from any daycare facility, playground, community centre, school, public park, or any use catering to individuals under the age of 18. 2.21 Cannabis Retail (a) Cannabis Retail, where permitted: (i) Shall be conducted entirely within an enclosed building; (ii) Shall not involve exterior storage; (iii) Shall not have signage or advertising visible from the outside depicting a cannabis or marihuana leaf or leaves. PART THREE|PARKING, SCREENING, AND LANDSCAPING 3.1 Parking Requirements (a) No Land, Building or Structure shall be used by the owner, occupier or any other person for any Use unless the off-Street parking requirements for that Use have been provided in accordance with the provisions of this Bylaw. (b) The number of off-Street parking spaces for any Use, Building or Structure shall conform to the following schedule: Use (Principal or Accessory) Vehicle Parking Spaces Required Non-Residential Uses: Agriculture 0.5 per employee Animal shelter, grooming, and daycare 0.1 per animal Auction house 0.25 per seat Club 0.25 per seat Child Care Centre 0.5 per child Contractor services 0.5 per employee Crematorium 0.5 per employee Fleet services 0.5 per employee Hotel 0.5 per Sleeping Unit Hospital, diagnostic centre 0.5 per employee; and 0.2 per bed Hostel 1.0 per Sleeping Unit Indoor Recreation and Entertainment 0.25 per seat; 1.0 per racquetball/squash court; and 1.0 per billiards table Industrial training or trade school 0.5 per employee; and 5.0 per classroom. Funeral home 0.25 per seat Kennel, Class 1 and 2 0.1 per animal Library 0.3 per 100 m2 Liquor Primary Establishment 0.15 per table Manufacturing, processing, packaging, bottling, and non-Retail distribution of food and beverages. 0.5 per employee Medical Marihuana Production Facility 1.0 per employee Museum 0.5 per 100 m2 Office 0.5 per 100 m2 Outdoor recreation 0.5 per employee; plus 10.0 per playing field; 1.0 per golf hole; or 0.5 per participant. Personal service 3.0 per 100 m2; 4.0 per doctor or dentist; or 0.3 per washing machine. Place of worship 0.15 per seat Public culture and art centre 0.15 per seat Public safety Building 0.5 per employee Recreation centre, community centre 0.25 per seat Recycling 1.0 per receptacle Restaurant, food primary establishment 0.25 per table Retail 2.0 per 100 m2 School 0.5 per employee; 1.0 per elementary or secondary classroom; or 5.0 per post-secondary classroom. Service Station 0.5 per employee; 1.0 per service or wash bay; and 1.0 per vehicle customarily used in the enterprise. Solid waste disposal 0.5 per employee U-Vin or U-Brew 0.5 per employee Vehicle and equipment sales, rental, and service 0.5 per employee; 1.0 per 70 m2 floor area; and 1.0 per service or wash bay. Veterinary clinic 1.0 per employee Warehouse, personal storage 0.1 per storage unit Other Use in the I-1 zone not listed above 0.3 per employee; or 0.5 per 100 m2 Residential Uses: Apartment Dwelling 1.0 for each Dwelling Unit; plus 0.1 per each Dwelling Unit designated as visitor parking Apartment Dwelling in C-1 zone 1.0 for each Dwelling Unit Boarding and Rooming house Bed and Breakfast 1.0 for each Sleeping Unit 1.0 for each Sleeping Unit Caretaker Trailer and Employee Dwellings 1.0 per Dwelling Unit Single-Unit Dwelling, and Dwelling Units in R-MH and R-MP Zones 2.0 for each Dwelling Unit Secondary Suite, Coach House 1.0 for each Dwelling Unit Townhouse Dwelling 2.0 for each Dwelling Unit Two-Unit Dwelling 2.0 for each Dwelling Unit Use (Principal or Accessory) Bicycle Parking Spaces Required Non-residential Uses 0.2 spaces per 100 m2, with a minimum of 6 Apartment Dwelling 1.0 space per Dwelling Unit (c) In cases where a Parcel contains multiple uses: (i) the total requirements for off-Street parking shall be the sum of the requirements for the various uses computed separately. (ii) required parking spaces for one Use shall not be considered as required parking spaces for any other Use; and (iii) notwithstanding sections 3.1(c) (i) and (ii), for Parcels with multiple uses in the C- 1, C-2 and C-3 Zones, the parking requirements shall be reduced by 25%. (d) Notwithstanding section 3 (b) or 3 (c), the following Parcels located in the C-1 zone are exempt from providing off-street parking and loading spaces: (i) Those Parcels which are located a combination of south of Boivin Creek, east of 431 Boivin Road, west of 59 Alpine Way, and north of Alpine Way and Boivin Road; (ii) 216 Alpine Way. 3.2 Dimensions and Design of Parking Spaces (a) Each required off-Street vehicle parking space shall be a minimum of 2.75 m in width and a minimum of 5.5 m in length exclusive of access aisle. For parallel parking the required length of each parking space shall be increased to 7.25 m except for the end spaces which shall be a minimum length of 6 m. (b) Minimum aisle widths between vehicle parking stalls shall be: (i) not less than 5.5 m where parking spaces are aligned at an angle of less than 60° to the aisle. (ii) not less than 7.5 m where parking spaces are aligned at an angle of 60° to 90° to the aisle. (c) All off-Street vehicle parking areas: (i) shall have vehicular access to a Street; and (ii) in commercial and industrial zones shall be designed so that vehicles are not required to manoeuvre into a space from, nor back out onto a Street. (d) All required off-Street vehicle parking: (i) for other than residential uses shall be located no more than 120 m from the Parcel being served. (ii) for residential uses shall be located on the Parcel of the residential Use being served. (e) No more than 2 off-Street vehicle parking spaces may be located in the Front Yard of a Dwelling in the R-1, R-2, R-3 or R-MH Zones. (f) Off-Street vehicle parking areas required to accommodate three (3) or more motor vehicles for all uses other than Single-Unit and Two-Unit Dwellings, and all access roads to such parking areas shall be surfaced with a permanent surface of permeable, non- grouted pavers, permeable paving, asphalt, concrete or similar permeable surfaces so as to provide a durable and dust-free surface, drained so that no surface water: (i) accumulates thereon; (ii) flows onto any sidewalk; (iii) flows onto any Street or right-of-way if the area is not paved; (iv) flows onto any adjoining Parcel; or (v) except in accordance with an approved grading plan or as required by the District of Elkford Subdivision and Development Servicing Bylaw. (g) Off-Street vehicle parking areas required to accommodate three (3) or more motor vehicles for all uses other than Single-Unit and Two-Unit Dwellings shall: (i) have Fences, curbs, or Landscaping to prevent vehicle crossings of sidewalks and boulevards except at authorized exits and entrances; (ii) have individual parking spaces, aisles, entrances and exits clearly marked by curbs, curb stops, Fences, lines or signs; (iii) be screened by a continuous landscape strip not less than 2 m wide, densely planted with shrubs and trees at least 0.9 m in height at the time of planting that will form a year round dense screen and is broken only for access driveways and walkways. On the perimeter of the parking area, trees should be located a maximum distance of 10 m on centre; and (iv) provide permeable areas to receive and store snow removed from the off-Street parking area, Landscaped with species hardy enough to withstand snow storage and managing melt and drainage. (h) Off-Street bicycle parking areas required to accommodate racks or Structures for bicycle parking shall: (i) provide spaces of a minimum width of 0.3 m for each bicycle; (ii) be constructed of sturdy theft-resistant material, having secure theft-resistant anchoring to the floor or ground; and (iii) be provided in a convenient, well-lit location that provides visual surveillance by occupants of the Building the racks or Structures are intended to serve. (i) Any lighting used to illuminate any parking area shall be dark sky cut-off lighting, arranged as to minimize the light from the fixtures falling onto any adjoining residential property, shall not direct any light in an upward direction, and shall not be a hazard to traffic on any public road. 3.3 Parking or Storage of Commercial Vehicles, Trailers, Recreation Vehicle Boats, or Equipment in Residential Zones (a) In the R-1, R-2, R-3, R-4, R-5, R-MH or R-MP zone, no commercial vehicle, contractor's equipment, truck, bus, dismantled or wrecked vehicle, Recreation Vehicle, boat, trailer or any similar vehicle, conveyance, craft or equipment shall be constructed or dismantled in an unenclosed area. (b) In the R-1, R-2, R-3, R-4, R-5, R-MH or R-MP zone, a commercial vehicle, contractor's equipment, truck, bus, dismantled or wrecked vehicle, Recreation Vehicle, boat, trailer or any similar vehicle, conveyance, craft or equipment shall be parked or stored in an unenclosed area subject to the following: (i) Not more than one (1) commercial vehicle not exceeding 6,350 kg gross vehicle weight (GVW) rated capacity; (ii) vehicles or equipment required for construction, repair, servicing or maintenance shall be limited to when parked during normal working hours; (iii) Not more than one (1) boat or vessel less than a length of 10 m; (iv) Not more than one (1) Recreation Vehicle less than a length of 11 m; and (v) building materials, trucks, and contractors equipment, when the owner, lessee, or occupier of the premises is in possession of a valid Building permit, provided that the materials, vehicles or equipment stored are in connection with the construction or development of the Building situated on the same property as which the material, vehicles or equipment is stored pursuant to the Building permit. 3.4 Loading (a) No Land, Building or Structure shall be used by the owner, occupier or any other person for any Use unless the off-Street loading requirements of that Use have been provided in accordance with the provisions of this Bylaw. (b) The number of off-Street Loading Spaces, shall be provided as follows: (i) in the C-2, I-1 zones - one (1) space for the first 500 m2 of Gross Floor Area or fraction thereof and one (1) additional space for each additional 2,000 m2 of Gross Floor Area or fraction thereof; (ii) in the C-1, C-3, and P-1 zones - one (1) space for the first 3,000 m2 and one (1) additional space for each additional 3,000 m2 of Gross Floor Area or fraction thereof; (iii) In cases of mixed uses, the total requirements for off-Street Loading Spaces shall be the sum of the requirements for the various uses computed separately. Required Loading Spaces for one Use shall not be considered as required Loading Spaces for any other Use, unless approved by the Development Variance Permit; and (iv) Off-Street Loading Spaces shall not be credited as off-Street Parking Parcel spaces. (c) Each off-Street Loading Space shall: (i) have a minimum area of 30 m2 and shall be not less than 9 m in length, 3.5 m in width nor have less than 4 m in vertical headroom clearance; (ii) in no case be of an insufficient length such that a vehicle in the process of loading or unloading shall project onto any Street; and (iii) have vehicular access to a Street. (d) Off-Street Loading Spaces and facilities shall be located on the same Parcel as the Use served, but not within the required Front Yard nor closer than 15.5 m to the nearest point of intersection of any two road allowances. (e) Off-Street Loading Spaces and facilities, and all access roads to such Loading Spaces and facilities shall be surfaced with a permanent surface of permeable, non-grouted pavers, permeable paving, asphalt, concrete or similar permeable surfaces so as to provide a durable and dust-free surface, drained so that no surface water: (i) accumulates thereon; (ii) runs onto any sidewalk; (iii) runs onto any Street or right-of-way if the area is not paved; (iv) runs onto any adjoining Parcel; or (v) except in accordance with an approved grading plan or as required by the District of Elkford Subdivision and Development Servicing Bylaw. (f) Any lighting used to illuminate any loading area shall be dark sky cut-off lighting, arranged as to minimize the light from the fixtures falling onto any adjoining residential property, shall not direct any light in an upward direction, and shall not be a hazard to traffic on any public road. 3.5 Screening (a) Subject to Sections 2.10 and 2.11 the following height limitations, measured from Finished Grade at the base of the Structure, shall apply to all Fences, including any Fences provided in fulfillment of the Screening requirements of this section: (i) in all zones, Fences shall not be greater than 1.2 m in height except where the fence is located to the rear of a required Front Yard, in which case the Fence shall not exceed 2.0 m in height; and (ii) in residential zones, where the Rear Parcel Line of a Parcel abuts the side Parcel Line of an adjoining Parcel, the height of the Fences on such Rear Parcel Line shall be no greater than the height permitted on the side Parcel Line of an adjoining Parcel at the point of abutment. (b) Section 3.5(a) shall not apply to open mesh or chain link type Fences erected on cemeteries, public playgrounds, parks, playfields, community gardens, or school areas. In these cases no such Fence shall exceed a height of 3.5 m, measured from Finished Grade at the base of the Structure. (c) Screening is required as follows: (i) Where an R-3 Zone abuts an R-1, R-2 or R-MH Zone, Screening of not less than 2.0 m in height shall be provided and maintained by the owner or occupier of the R-3 Parcel along the abutting property lines; (ii) When an R-4 Zone abuts an R-1, R-2, R-3 or R-MH Zone, Screening of not less than 2.0 m in height shall be provided and maintained by the owner or occupier of the R-4 Parcel along the abutting property lines; (iii) Where any parking area, loading area or display yard in a Commercial or Industrial zone abuts a Parcel in a residential zone, Screening of not less than 1.2 m in height in any required Front Yard and not less than 2.0 m in height to the rear of any required Front Yard, or separated by a suitably Landscaped strip of not less than 2.0 m in width shall be provided and properly maintained; (iv) Any unenclosed Salvage Yard or unenclosed Storage Yard in a Commercial or Industrial Zone shall be enclosed by properly maintained Screening of not less than 2.0 m in height, and no material shall be piled to extend above such Screening; (v) Any area used for the storage of waste, compostable material, or recyclables, shall be enclosed by properly maintained Screening of not less than 2.0 m in height; (vi) Any storage of commercial vehicles, trucks, utility trailers, Recreation Vehicles, boats, or vessels, shall be enclosed by Screening of not less than 2.0 m in height; and (vii) Any non-agricultural Use shall be separated from a directly abutting Parcel in the A-1 zone by a fully and suitably landscaped and properly maintained strip of not less than 4.5 m in width and screening of not less than 2.0 m in height on the Parcel on which the non-agricultural Use is located. (d) Every Manufactured Home Park and Campground Use shall provide and maintain a peripheral Screen area consisting of existing trees or vegetation and other Landscaping. Such a peripheral Screen shall provide immediate and effective Screening between the abutting properties and provide protection of trees from wind and other damage. In no case shall this Screen area be less than 7.5 m in width as measured from the Front, Rear, Interior Side and Exterior Side Parcel Lines. (i) Within such a Landscape Screen area: 1) no recreation or service areas may be located; 2) no Campground Space, Mobile Home Space or Parcel may be located; 3) no Building or Structure may be erected or placed, except a sign, which may only be placed within 7.5 m of any Street , and a Fence and a wall; 4) except where danger is involved, no plant material may be removed or may any substance of which Land is composed be deposited or removed, except as a part of a recognizable beautification scheme; 5) no vehicle parking area shall be located; and 6) the only roads permitted in the Landscape Screen are those which cross it as close to right angles as practicable and connect directly with the road system contained within the remainder of the Mobile Home Park or Campground Use. (ii) No Mobile Home Space or Campground Space shall have direct access from any public Highway. 3.6 Landscaping (a) On a Parcel zoned R-3, R-4, R-5, C-1, C-2, C-3, I-1, or P-1, any part of such Parcel which is not used for Buildings, exterior display areas, parking, or loading facilities, shall be fully Landscaped and properly maintained in a permeable state. (b) On a Parcel zoned R-1, R-2, R-3, R-4, or R-5, a minimum of 30% of the total surface area of such Parcel shall be fully Landscaped and properly maintained in a permeable state. (c) For the purposes of this Bylaw, impermeable surfaces shall include, but not be limited to: (i) Buildings and Structures with the exception of Buildings and Structures with green roofs that reduce stormwater discharge by more than 25% (rate and quantity); (ii) asphalt; (iii) concrete; and (iv) grouted pavers; But does not include: (v) water surfaces of Structures designed to retain water, including swimming pools, reflecting pools, and ornamental ponds. (d) On a Parcel zoned R-3, R-4, R-5, C-1, C-2, C-3, I-1, or P-1, all Landscape Screening or other Landscaped areas required by this Bylaw shall be subject to the following requirements: (i) Existing Landscaped areas of healthy woody plants (trees and shrubs) shall be preserved and protected during construction unless demonstrated to the satisfaction of the Building Inspector that removal is required to accommodate a Use, Building or Structure on the Parcel or if the plants pose a safety hazard. Existing Landscaping or natural vegetation that is to be retained must be protected to the furthest extent of the drip line and the Finished Grade of the site should not alter the Natural Grade around the drip line more than 20 cm (vertically), unless an arborist report indicates otherwise and is approved by the District. (ii) All landscape areas and installations shall meet or exceed the latest editions of the BC Landscape Standards (BC Society of Landscape Architects/BC Landscape and Nursery Association), with such modification as are necessary to avoid attracting wildlife and mitigate wildfire hazard, and be regularly maintained, except for natural area plantings where regular maintenance may not be required. (iii) On Parcels zoned R-3, R-4, R-5, C-1, C-2, C-3, and P-1, planted deciduous trees shall be a minimum of 6 cm calliper at installation and trees in off-Street Parking areas, and minimum of 4 cm calliper outside those zones. (iv) At installation, planted coniferous trees shall have a minimum height of 3.0 m in commercial zones and in off-Street Parking areas, and a minimum height of 2.0 m outside those zones. (v) New Landscape plantings shall consist of native xeric or water-conserving herbaceous and/or woody plant species proven to be enduring in the District of Elkford area. (vi) Appropriate means of irrigation, with an emphasis on high-efficient water reducing systems, shall be provided by the owner of the Parcel with particular attention paid to adequate watering during the establishment period to ensure survival of the newly planted areas. (vii) The installation of green roofs shall conform to the latest edition of the BC Standard for Extensive Green Roofs (BC Society of Landscape Architects). (e) To minimize wildfire interface for Buildings and Structures located outside the District Growth Boundary, all Landscape Screening or Landscaped areas required by this Bylaw shall be subject to the following requirements: (i) Coniferous plantings within 10 m of the principal Dwelling shall be limited to ground cover not exceeding 15.2 cm. (ii) Coniferous trees and coniferous shrubs shall be planted a minimum 6 m apart as measured from the furthest extent of the drip line within a minimum of 30 m from the principal Dwelling. (iii) Coniferous trees and coniferous shrubs shall be planted a minimum distance of 4 m from the sides of the driveway access. (iv) All Landscaping shall make special consideration of Fire Smart criteria for plant selection. 3.7 Retaining Walls (a) The entire height of a retaining wall or excavated wall (shoring wall below Natural Grade) is measured from the Finished Grade at the base of the wall on the lowest side of the wall. (b) The maximum exposed height of a retaining wall at a Parcel Line is 1.2 m. (c) All retaining or excavated walls located within 1.2 m of each other will be collectively considered a single retaining or excavated wall for the purposes of determining height. (d) The 1.2 m limitation on exposed retaining wall height does not apply to stacked rock walls. 4. PART FOUR|ZONING 4.1 General Conditions (a) No Building or Structure except a Fence, sign, dock or boat launch facility shall be constructed closer than 20 m from the natural boundary of any river or lake and 45 m from the natural boundary of the Elk River or Boivin Creek. (b) Where a Parcel is used for combined commercial or industrial Use, with residential Use, the residential Use shall: (i) be contained in the same Building as the Principal commercial Use, except where the Use is a gasoline Service Station, in which case the Dwelling Unit may be in a separate Building from the commercial Use; (ii) be located over or behind the Principal commercial or industrial Use; (iii) where located over a commercial or industrial use, have a separate outside entrance occupying no more than 25% of the First Storey commercial Frontage. 4.2 Zone Categories (a) The area within the boundaries of the District of Elkford indicated on Schedule "A" is hereby divided into zones with the following designations and their short form equivalents: Zone Designations Short Forms Single-Unit Residential Zone R-1 Two-Unit Residential Zone R-2 Multiple Unit Residential Zone R-3 Apartment Residential Zone R-4 Comprehensive Development Residential Zone R-5 Mobile Home Housing Zone R-MH Mobile Home Park Zone R-MP Town Centre Commercial Zone C-1 Service Commercial Zone C-2 Neighbourhood Commercial Zone C-3 Industrial Zone I-1 Public Institutional Zone P-1 Campground Institutional Zone P-2 Agricultural Zone A-1 Urban Reserve Zone UR-1 4.3 Zone Boundaries (a) The area extent of the said zones is as shown on the attached Schedule "A", being the "District of Elkford Zoning Map" which is an integral part of this Bylaw. (b) The boundary lines of said zones shall be the centre lines of road allowances, creeks or rivers, unless referenced to Parcel Lines, Municipal boundaries, or shown otherwise on the attached Schedule "A", "District of Elkford Zoning Map". (c) Where a boundary line of a zone does not follow a legally defined line and where the distances are not specifically indicated, the location of the boundary shall be determined by scaling from Schedule "A". 4.4 Single-Unit Residential Zone: R-1 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Single-Unit Dwelling. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Secondary Suite; (ii) Coach House; (iii) Home Occupation, including bed and breakfast; (iv) Boarding; (v) Kennel, Class 1; and (vi) Urban Agriculture. (c) Regulations On a parcel zoned Single-Unit Residential, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Single-Unit Dwellings per Parcel - 1 (ii) Maximum number of Dwelling Units per Parcel - 2 (iii) Maximum Number of Accessory Buildings or Structures per Parcel - 3 (iv) Minimum Parcel Area created by Subdivision - Single Parcel - Corner Parcel - 465 m2 - 560 m2 (v) Minimum Parcel Frontage - Single Parcel - Corner Parcel - 15 m - 18 m (vi) Parcel Coverage - 35% (vii) Minimum gross floor area for a Single-Unit Dwelling - 85 m2 (viii) Minimum horizontal dimension of a Single- Unit Dwelling - 7.3 m (ix) Minimum Setback for: All Buildings and Structures from - Front Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line Single-Unit Dwellings from - Rear Parcel Line Accessory Buildings or Structures from - Rear Parcel Line Coach Houses from - Rear Parcel Line - Principle Single Family Dwelling - 7.5 m - 1.2 m - 4.5 m - 4.5 m - 1.2 m - 3.0 m - 3.0 m (x) Maximum height for - Principle Buildings and Structures - Coach Houses - Accessory Buildings - 10.5 m - 10.5 m - 6 m or 1 Storey, whichever is the lesser 4.5 Two-Unit Residential Zone: R-2 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Single-Unit Dwelling; and (ii) Two-Unit Dwelling. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Secondary Suite; (ii) Home Occupation, including bed and breakfast; (iii) Boarding; (iv) Kennel, Class 1; and (v) Urban Agriculture. (c) Regulations On a parcel zoned Two-Unit Residential, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Single-Unit Dwellings or Two-Unit Dwellings per Parcel - 1 (ii) Maximum number of Dwelling Units per Parcel - 2 (iii) Maximum Number of Accessory Buildings or Structures per Parcel - 2 (iv) Minimum Parcel Area created by Subdivision - Single-Unit Dwelling on a single Parcel - Single-Unit Dwelling on a single Corner Parcel - Two-Unit Dwelling on a single Parcel - Two-Unit Dwelling on a single Corner Parcel - Two-Unit Dwelling on a single Parcel with one zero Parcel Line Side Yard and the Dwelling Units separated by a party wall - Two-Unit Dwelling on a single Corner Parcel with one zero Parcel Line Side Yard and the Dwelling Units separated by a party wall - 465 m² - 560 m² - 700 m2 - 790 m2 - 372 m2 - 560 m2 (v) Minimum Parcel Frontage - Single Parcel - Corner Parcel - 23 m - 26 m (vi) Parcel Coverage - 40% (vii) Minimum gross floor area for a Single-Unit Dwelling and a Two-Unit Dwelling - 70 m2 (viii) Minimum horizontal dimension of a Single-Unit Dwelling or Two-Unit Dwelling - 7.3 m (ix) Minimum Setback from: All Buildings and Structures: - Front Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line Single-Unit Dwelling or Two-Unit Dwelling - Rear Parcel Line Accessory Building or Structure - Rear Parcel Line - 7.5 m - 1.2 m, 0 m when separated by a party wall - 4.5 m - 4.5 m - 1.2 m (x) Maximum height for - Principle Buildings and Structures - Accessory Buildings - 10.5 m - 6 m or 1 Storey, whichever is the lesser 4.6 Multiple Unit Residential Zone: R-3 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Townhouse Dwellings. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Home Occupation, excluding bed and breakfast; (ii) Boarding; and (iii) Urban Agriculture. (c) Regulations On a parcel zoned Multiple Unit Residential, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Principal Buildings per Parcel - Not restricted (ii) Maximum Number of Accessory Buildings or Structures per Parcel - 2 per Dwelling Unit (iii) Minimum Parcel Area created for subdivision for each Townhouse Dwelling Unit - Interior Parcel - End Parcel - 250 m2 - 370 m2 (iv) Minimum Parcel Frontage for each Townhouse Dwelling Unit - Interior Parcel - End Parcel - 6 m - 10 m (v) Parcel Coverage - 35% (vi) Minimum gross floor area for each Townhouse Dwelling Unit - 60 m2 (vii) Usable Open Space shall be provided on the Parcel for each Townhouse Dwelling Unit, based on the following ratio - Three (3) or more bedroom unit - Two (2) or less bedroom unit - 45 m2 - 30 m2 (viii) A common activity area or areas shall be provided on the Parcel based on - 5 m2 for each Townhouse Dwelling Unit (ix) Minimum Setback from: Townhouse Dwelling Unit - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - Where walls of any two separate Townhouse Dwellings Units in a group face or overlap each other, the clear distance between such opposing walls shall not be less than Accessory Building or Structure - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - 7.5 m - 7.5m - 1.2m, 0 m when separated by a party wall - 4.5m - 9.0 m for walls containing windows - 4.5 m for walls containing no windows, subject to the District of Elkford Building Bylaw and the BC Building Code - 7.5m - 1.2m - 1.2m - 4.5 m (x) Maximum height for - Principle buildings and structures - Accessory buildings - 12 m - 6 m or 1 Storey whichever is the lesser 4.7 Apartment Residential Zone: R-4 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Apartment Dwellings, (ii) Assisted Living Facilities; and (iii) Rooming House. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Home Occupation, excluding bed and breakfasts; (ii) Boarding; and (iii) Urban Agriculture. (c) Regulations On a parcel zoned Apartment Residential, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Principal Buildings per Parcel - Not Restricted (ii) Maximum Number of Accessory Buildings or Structures per Parcel - 1 for every 5 Dwelling Units (iii) Minimum Parcel Area created by subdivision - 1,000 m2 (v) Parcel Coverage - 35% (vi) Maximum Gross Floor Area - 0.60 times the Parcel Area (vii) Minimum gross floor area for - Each Dwelling unit in an Assisted Living Facility - Studio Dwelling Unit - One (1) bedroom Dwelling Unit - Each Dwelling Unit with two (2) or more bedrooms - 40 m2 - 40 m2 - 46 m2 - 70 m2 (viii) Usable Open Space shall be provided on the Parcel for each Dwelling Unit, based on the following ratio - Three (3) or more bedroom unit - Two (2) bedroom unit - One (1) bedroom unit - Studio Unit - 45 m2 - 30 m2 - 25 m2 - 20 m2 (ix) A common activity area or areas shall be provided on the Parcel based on - 5 m2 for each Apartment Dwelling Unit (x) Minimum Setback from: Apartment Dwelling Unit - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line Where walls of any two separate Principal Buildings in a group face or overlap each other, the clear distance between such opposing walls shall not be less than Accessory Building or Structure - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - 7.5 m - 7.5 m - 3.0 m - 4.5 m - 12 m for walls containing windows, subject to the District of Elkford Building Bylaw and the BC Building Code. - 4.5m - 4.5m - 4.5m - 4.5m (xi) Maximum height for - Principle buildings and structures - Accessory buildings - 16 m - 6 m or 1 Storey whichever is the lesser 4.8 Comprehensive Development Residential Zone: R-5 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Single-Unit Dwellings; (ii) Two-Unit Dwellings; (iii) Rooming House; (iv) Townhouse Dwellings; and (v) Apartment Dwellings. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Secondary Suite, accessory to a Single-Unit Dwelling; (ii) Coach House, accessory to a Single-Unit Dwelling; (iii) Home Occupation, including bed and breakfast, accessory to a Single or Two-Unit, or Townhouse Dwelling (iv) Boarding; (v) Kennel, Class 1, accessory to Single-Unit Dwelling or Two-Unit Dwelling; and (vi) Urban Agriculture. (c) Regulations On a parcel zoned Comprehensive Development Residential, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Principal Buildings per Parcel - Single-Unit Dwellings or Two-Unit Dwellings or Rooming Houses - Townhouse Dwellings or Apartment Dwellings - 1 - Not Restricted (ii) Maximum Number of Accessory Buildings or Structures per Parcel - Single-Unit Dwellings or Two-Unit Dwellings or Townhouse Dwellings - Rooming Houses and Apartment Dwellings - 2 per Dwelling Unit - 1 for every 5 Dwelling Units (iii) Minimum Parcel Area created by Subdivision - 315 m2 per Dwelling Unit (iv) Parcel Coverage - 35% (v) Minimum gross floor area - Single-Unit Dwelling - Two-Unit Dwelling - Townhouse Dwelling, regardless of bedroom number - Studio Dwelling Unit - One (1) bedroom Dwelling Unit - Each Dwelling unit with two (2) or more bedrooms - 85 m2 - 70 m2 - 60 m2 - 40 m2 - 46 m2 - 70 m2 (vi) Usable Open Space shall be provided on the Lot for each Townhouse or Apartment Dwelling unit, based on the following ratio: - Three (3) or more bedroom unit - Two (2) bedroom unit - One (1) bedroom unit - Studio unit - 45 m2 - 30 m2 - 25 m2 - 20 m (vii) A common activity area or areas shall be provided on the Parcel for Townhouse or Apartment Dwelling unit based on - 5 m2 for each Dwelling Unit (ix) Maximum height for - Single-Unit Dwelling - Two-Unit Dwelling - Townhouse Dwelling - Apartment Building - Accessory Building or Structure - Coach House - 10.5 m - 10.5 m - 11 m - 13 m - 6 m or 1 Storey, whichever is the lesser - 6 m (viii) Minimum Setback for: All buildings and Structures from - Front Parcel Line Single-Unit Dwellings, Two-Unit Dwellings and Rooming Houses from - Interior Side Parcel Line - Rear Parcel Line - Exterior Side Parcel Line Townhouse Dwellings on end lots from - Interior Side Parcel Line Apartment Dwellings from - Interior Side Parcel Line Accessory Buildings and Structures for Single-Unit Dwellings, Two-Unit Dwellings and Townhouse Dwellings - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line Accessory Buildings and Structures for Apartment Buildings - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line Coach Houses - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - Principal Single-Unit Dwelling - 7.5 m - 1.2 m - 7.5 m - 4.5 m - 2.5 m - 3.0 m - 1.2 m - 1.2 m - 4.5 m - 7.5 m - 7.5 m - 7.5 m - 3.0 m - 1.5 m - 4.5 m - 3.0 m (d) Where walls of any two separate Principal Buildings: (i) in a group of Townhouse Buildings face or overlap each other, the clear distance between such opposing walls shall be not less than 9 m for walls containing windows, or 4.5 m for walls containing no windows (ii) in a group of Apartment Buildings face or overlap each other, the clear distance between such opposing walls shall be not less than12 m for walls containing windows or 7.5 m for walls containing no windows subject to Building regulations regarding fire protection. 4.9 Mobile Home Housing Zone: R-MH (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Single-Unit Dwelling; (ii) Mobile Home, placed on permanent foundation complying with the BC Building Code. (iii) Two-Unit Mobile Home, placed on a permanent foundation complying with the BC Building Code, limited to: 1) Lot 23 District Lot 3512 Kootenay District Plan 13132 (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Secondary Suite, accessory to a Single-Unit Dwelling; (ii) Coach House, accessory to a Single-Unit Dwelling; (iii) Home Occupation, including bed and breakfast; (iv) Boarding; (v) Kennel, Class 1, accessory to Single-Unit Dwelling; and (vi) Urban Agriculture. (c) Regulations On a parcel zoned Mobile Home Housing, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Single-Unit Dwellings or Mobile Homes per parcel - 1 (ii) Maximum number of Dwelling Units per Parcel - 2 (iii) Maximum Number of Accessory Buildings or Structures per Parcel - 2 (iv) Minimum Parcel Area created by Subdivision - Single Parcel - Corner Parcel - 450 m2 - 560 m2 (v) Minimum Parcel Frontage - Single Parcel - Corner Parcel - 12 m - 14 m (vi) Maximum Parcel Coverage - 35% (vii) Minimum gross floor area for: - Single-Unit Dwelling or Mobile Home - Two-Unit Mobile Home - 85 m2 - 65 m2 (viii) Minimum Setback for: Buildings and Structures from - Front Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line Single-Unit Dwellings and Mobile Homes from - Rear Parcel Line Accessory Buildings or Structures from - Rear Parcel Line Coach Houses from - Rear Parcel Line - Principle Single-Unit Dwelling - 6 m - 1.2 m - 4.5 m - 3 m - 1.2 m - 3.0 m - 3.5 m (ix) Maximum height for - Principle buildings and structures - Coach houses - Accessory buildings - 10.5 m - 10.5 m - 6 m or 1 Storey whichever is the lesser 4.10 Manufactured Home Park Zone: R-MP (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Manufactured Home Parks. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Amenity and Administration Use; (ii) Common Storage Yard for the storage of recreation vehicles, boats, etc.; and (iii) Urban Agriculture. (c) On a parcel zoned Manufactured Home Park, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Mobile Homes or Modular Homes per Manufactured Home Space - 1 (ii) Maximum Number of Accessory Buildings or Structures per Manufactured Home Space - 2 (iii) Minimum Parcel Area for Subdivision - 1.6 ha (iv) Minimum Manufactured Home Space Area within a Manufactured Home Park - 390 m2 (v) Minimum Lot Frontage - Manufactured Home Park - Manufactured Home Space - No Minimum - 10 m (vi) Manufactured Home Space Maximum Coverage - 35%, exclusive of a private Garage or Carport (vii) Minimum gross floor area for a Mobile Home or Manufactured Home - 85 m2 (viii) A common activity area shall be provided on the Manufactured Home Park Parcel on the basis of - 5 m2 of Parcel area for each Manufactured Home Space (d) Permissible Additions (i) No additions to Mobile Homes or Modular Homes are permitted, with the exception of: 1) Carports; 2) shelters against sun or rain; 3) vestibules of a maximum size of 4 m2; and 4) rooms added to a Mobile Home or a Modular Home; provided that any such added room shall have an exit or access to exit other than through the Mobile Home or the Modular Home; provided in all cases that the means of egress from the Mobile Home, Modular Home or additional room is not restricted or diminished by any part of the addition. (e) Other Regulations (i) Storage Yard space for trucks, campers, travel trailers, snowmobiles, boats, etc., of the residents shall be provided in the ratio of 13.0 m2 of Parcel area per Manufactured Home Space. (ii) Skirting shall: 1) be installed within sixty (60) days of installation of a Mobile Home or a Modular Home on a Manufactured Home Space; 2) be factory prefabricated or of equivalent quality and shall be painted or pre- finished so that the design and construction shall complement the main Structure. (ix) Usable Open Space shall be provided on the Manufactured Home Park Parcel on the basis of - 40 m2 of Parcel area for each Manufactured Home Space (xi) Minimum Setback from for: Mobile Homes or Modular Homes from - Front Manufactured Home Space Line - Rear Manufactured Home Space Line - Side Manufactured Home Space Line - All Parcels Lines - 3.0 m - 3.0 m - 1.5 m - 7.5 m (xi) Maximum height for - Principle buildings and structures - Accessory buildings - 9.0 m - 4.6 m or 1 Storey whichever is the lesser 4.11 Town Centre Commercial Zone C-1 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Apartment Dwellings, subject to Sections 4.1 (b) and 4.11(c)(iii); (ii) Clubs; (iii) Offices; (iv) Hotels; (v) Indoor Recreation and Entertainment; (vi) Funeral homes not including crematoria; (vii) Liquor Primary Establishments; (viii) Liquor Store; (ix) Personal and Professional Services; (x) Child Care Centre, Major; (xi) Service Station, limited to 60 Alpine Way, Lot 4, Plan 12097, District Lot 12378; (xii) Restaurants, including Food Primary Establishments but not including drive-in or drive-through establishments; (xiii) Retail; (xiv) Cannabis Retail; (xv) Breweries and Distilleries; (xvi) Public Culture and/or Art Centres; (xvii) Recreation centres and community centres; (xviii) Libraries; (xix) Places of worship; (xx) Hostel; (xxi) Campground, Limited to Lot 19, District Lot 12378, Kootenay District Plan 14097; (xxii) Hospitals, medical and diagnostic centres. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Urban Agriculture. (c) On a parcel zoned Town Centre Commercial, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. For the C-1 parcels outlined in heavy solid line and cross- hatched on Schedule "B" attached hereto, there is no maximum number of principal buildings and the maximum number of accessory Buildings or Structures per parcel shall be as follows: (d) Other Regulations (i) Every business or undertaking shall be conducted within a completely enclosed Building, except for parking and loading facilities, outdoor garden shops, Restaurants, and Street vendors. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Principle Buildings per Parcel - Not restricted (ii) Maximum Number of Accessory Buildings or Structures per Parcel - 2 (iii) Minimum Parcel Area created by Subdivision - All Principle Uses - Hotel Use - Retail, with Apartment Dwellings - 700 m2 - 2,000 m2 - 250 m2 (iv) Minimum Lot Frontage - All Principal Uses - 7.5 m (v) Minimum gross floor area for - Studio Dwelling Unit - One (1) bedroom Dwelling Unit - Each Dwelling unit with two (2) more bedrooms - 40 m2 - 46 m2 - 70 m2 (vi) Minimum Setback for: Principal Buildings and Structures from a Residential Zone For Accessory Building or Structures from - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - 6.0 m - 0 m - 0 m - 5 m - 5 m (vii) Maximum height for - Principle buildings and structures - Accessory buildings - 18 m - 6 m or 1 Storey whichever is the lesser 4.12 Service Commercial Zone: C-2 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no other shall be permitted: (i) Animal shelter, grooming, and daycare; (ii) Club; (iii) Contractor Services; (iv) Funeral home, not including crematoria; (v) Indoor Recreation and entertainment; (vi) Kennel, Class 1, and Kennel, Class 2; (vii) Light manufacturing and assembly; (viii) Offices; (ix) Recycling transfer station; (x) Restaurant, including Food Primary Establishment; (xi) Service Station; (xii) U-Vin or U-Brew; (xiii) Vehicle and equipment sales, rental, and service, limited to Light Duty Equipment and Machinery; (xiv) Veterinary clinic and accessory Kennel with enclosed runs; (xv) Warehouse, personal storage; (xvi) Hostel, limited to 4 Sleeping Units, limited to: (a) Lot 1 District Lot 8965 Kootenay District Plan NEP83617; (b) Lot 2, District Lot 8965, Kootenay District Plan EPP61998; (xvii) Personal Service and Professional Services; (xviii) Cannabis Retail; (xix) Workforce Camp with no more than an aggregate of 484 Sleeping Units located on the following lands: (a) The portion of District Lot 9399 Kootenay District Except Part included in Plan 9810, located west of Highway 43; (b) Lot A District Lot 7023 Kootenay District Plan EPP77820 (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Up to 4 Dwelling Unit(s) or Employee Dwelling(s) accessory to a Principal Use and subject to Section 4.1 (b); (ii) Retail, accessory to a Principal Use, with a maximum floor area of 60 m2. (c) On a parcel zoned Service Commercial, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. (d) Other Regulations (i) Where practical, every business or undertaking shall be conducted within a completely enclosed Building, except for parking and loading facilities. (ii) All auto parts, dismantled vehicles, and similar articles shall be stored within a Building. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Principle Buildings per Parcel: - Workforce Camp - All other uses - N/A - 1 (ii) Maximum Number of Accessory Buildings or Structures per Parcel - 2 (iii) Maximum number of Dwelling Units per Parcel - 1 (iv) Minimum Parcel Area created by Subdivision - All Principle Uses - Service Station Uses - Auto, truck, boat, recreation vehicle, mobile home sales - 560 m2 - 1,250 m2 - 1,500 m2 (v) Minimum Lot Frontage - All Principal Uses - Service Station Uses - Auto, truck, boat, recreation vehicle, mobile home sales - 15 m - 38 m - 45 m (vi) Maximum gross floor area of each Employee Dwelling Unit - 70 m2 (vii) Minimum Setback from for: All buildings and structures from - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line Gasoline pumps or pump islands from - All Parcel Lines Canopies erected above gasoline pumps or pump islands from - All Parcel Lines - 3.0 m - 3.0 m - 3.0 m - 3.0 m - 4.5 m - 4.25 m (viii) Maximum height for - Principle buildings and structures - Accessory buildings - 13.5 m - 6 m or 1 Storey whichever is the lesser (iii) Unenclosed Storage Yards shall be subject to the Screening requirements in Section 5.5. 4.13 Neighbourhood Commercial Zone: C-3 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no other shall be permitted: (i) Apartment Dwellings, subject to Sections 4.1 (b) and 4.13(d)(ii); (ii) Child Care Centre, Major; (iii) Clubs; (iv) Hotels; (v) Indoor Recreation and entertainment; (vi) Funeral homes not including crematoria; (vii) Liquor Primary Establishments; (viii) Personal and Professional Services not including post offices; (ix) Restaurants, including Food Primary Establishments but not including drive-in or drive-through establishments; and (x) Retail, limited to 500 m2 in the case of a grocery and produce store. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (iii) Urban Agriculture (c) On a parcel zoned Neighbourhood Commercial, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Principle Buildings per Parcel - 1 (ii) Maximum Number of Accessory Buildings or Structures per Parcel - 2 (iii) Minimum Parcel Area created by Subdivision - 450 m2 (iv) Minimum Lot Frontage - 15 m (v) Parcel Coverage - 35% (d) Other Regulations (i) Where practical, every business or undertaking shall be conducted within a completely enclosed Building, except for parking and loading facilities. (ii) Apartment Dwellings shall be restricted to a maximum of 20 Dwelling Units per hectare. (vi) Minimum gross floor area for - Studio Dwelling Unit - One (1) bedroom Dwelling Unit - Each Dwelling unit with two (2) more bedrooms - 40 m2 - 46 m2 - 70 m2 (vii) Minimum Setback from: - Front Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line Principle Building - Rear Parcel Line Accessory Building or Structure - Rear Parcel Line - 7.5 m - 6.0 m - 6.0 m - 6.0 m - 3.0 m (viii) Maximum height for - Principle buildings and structures - Accessory buildings - 13.5 m - 6 m or 1 Storey whichever is the lesser 4.14 Industrial Zone: I-1 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Animal shelter, grooming, and daycare; (ii) Auction house; (iii) Contractors services; (iv) Crematorium; (v) Fleet services, including cardlock refuelling, fuel storage, and commercial vehicle parking; (vi) Industrial training or trade school; (vii) Kennel, Class 1 and Kennel, Class 2; (viii) Lumber and Building supply; (ix) Manufacturing, processing, packaging, bottling, and non-Retail distribution of food and beverages, including cold storage, abattoirs, butchering, and Taxidermy; (x) Production and non-Retail distribution of asphalt, cement, concrete, and tar; (xi) Production, manufacturing, and non-Retail distribution of wood, metal, and plastic products including milling, carpentry, machining; (xii) Transfer station, recycling transfer station and recycling processing facility; (xiii) Resource extraction and non-Retail distribution, including gravel and sand pits; (xiv) Solid waste disposal; (xv) Vehicle and equipment sales, rental, and service; (xvi) Veterinary clinic and accessory Kennel with enclosed runs; (xvii) Cannabis Production Facility. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Dwelling Unit, or Employee Dwelling accessory to a Principal Use and subject to Section 4.1 (b) and 4.14 (c)(ii); (ii) Office, accessory to a Principal Use; (iii) Retail, accessory to a Principal Use; (iv) Storage Yards; and (v) Salvage Yards. (c) On a parcel zoned Industrial, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. (d) Other Regulations (i) Only above ground storage facility of liquid chemicals, (gasoline, diesel fuel, lubricants, solvents, wood preservatives, etc.) with accidental spill catch facilities, will be allowed to be constructed within 1,000 m of the production wells in the area west (upstream) and north (downstream) of the production wells. No underground storage facilities for material specified above will be allowed within this area. (ii) Unenclosed Storage Yards or Salvage Yards shall be subject to the Screening requirements in Section 3.5. (iii) Accessory Office or Retail space shall be limited to 25% of Gross Floor Area, with the exception of unenclosed Principal Uses, in which case accessory Office or Retail space can occupy the entire floor area of a Building or Structure. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Minimum Parcel Area created by subdivision - 1,000 m² (ii) Maximum number of Dwelling Units - 1 per Principal Use (iii) Minimum Parcel Frontage - 20 m (iv) Maximum Parcel Coverage - 75% (v) Maximum gross floor area for each Employee Dwelling - 70 m2 (vi) Minimum Setback from: - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - 7.5 m - 7.5 m - 4.5 m - 4.5 m (vii) Maximum height for - Principle buildings and structures - Accessory buildings - 13.5 m - 6.0 m 4.15 Institutional Zone: P-1 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Cemetery; (ii) Child Care Centre, Major; (iii) Public culture and art centres; (iv) Public safety Buildings including fire halls, ambulance, and police stations; (v) Hospitals, diagnostic centres; (vi) Libraries; (vii) Museums; (viii) Outdoor recreation; (ix) Recreation centres and community centres; (x) Places of worship; (xi) Recycling transfer stations; (xii) Schools; (xiii) Campground, limited to 10 Campground Spaces, limited to Lot 1, District Lots 9399 and 12378, Kootenay District Plan 9810; (xiv) Offices for co-working spaces and trade associations. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Single-Unit Dwelling, accessory to a Principal place of worship Use; (ii) Employee Dwelling, accessory to a Principal Use; (iii) Caretaker Trailer, accessory to an outdoor recreation Use; (iv) Liquor Primary Establishments, accessory to a Principal Use, limited to 200 m2; (v) Restaurants, including Food Primary Establishments, limited to 200 m2; (vi) Retail, limited to 100 m2; (vii) Urban Agriculture; (viii) Personal and Professional Services. (c) On a parcel zoned Institutional, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Caretaker Trailers or Dwelling Units per parcel - 1 (ii) Maximum Parcel Coverage for Principal Buildings and Structures - 50% (iii) Maximum Parcel Coverage for Accessory Buildings and Structures - 10% (iv) Minimum floor area of a Dwelling Unit - 40 m² (v) Maximum floor area of a Dwelling Unit - 90 m² (vi) Maximum Gross Floor Area of all Buildings - Not more than 1.2 times the Parcel area (vii) Maximum Gross Floor Area of each Dwelling Unit - 90 m2 (viii) Minimum Setbacks for a parcel that abuts a Residential Zone: - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - 7.5 m - 7.5 m - 4.5 m - 4.5 m (ix) Maximum height for - Principle buildings and structures - Accessory buildings - 11 m - 6.0 m (d) Other Regulations (i) In the case of a Single-Unit Dwelling, accessory to a place of worship Use, be located so as to have separate sidewalk access to the Street from an entrance separated from the entrance to the Principal and permitted place of worship Use. 4.16 Campground Institutional Zone: P-2 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Campground. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Amenity and Administration Use; (ii) Employee Dwelling Use; (iii) Caretaker Trailer; (iv) Outdoor recreation, including but not limited to, mini golf course, playground, picnic areas, trampoline, tennis courts and outdoor play fields; (v) Restaurants, including Food Primary Establishments but not including drive-in or drive-through establishments; (vi) Retail, limited to 50 m2. (c) On a parcel zoned Campground Institutional, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Employee Dwellings or Caretaker Trailers per Parcel - 1 (ii) Minimum Parcel Area created by Subdivision - 1 ha (iii) Minimum Area of a Campground Space - 130 m2 (iv) Parcel Coverage - 35% (v) Minimum Setback from: - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - 7.5 m - 7. 5m - 4.5 m - 4.5 m (vi) Maximum height for - Principle Buildings and Structures - Accessory Buildings and Structures - 11 m - 6 m (d) Other Regulations (i) Each Campground Space shall be accessible from the internal road system of the Campground; (ii) Outdoor recreation space shall be not less than 10% of the Parcel Area, not including Landscape Screen areas, parking areas, Accessory Buildings, Campground Spaces, driveways or storage areas. (iii) A Campground Use shall be subject to the Screening requirements in Section 3.5. 4.17 Agricultural Zone: A-1 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Agricultural Use; (ii) Single-Unit Dwelling; and (iii) Kennel, Class 1, and Kennel, Class 2. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Secondary Suite; (ii) Caretaker Trailer; (iii) Home Occupation. (c) On a parcel zoned Agricultural, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Dwelling Units per Parcel - 2 (ii) Maximum number of Caretaker Trailers per Parcel - 1 (iii) Maximum Number of Accessory Buildings or Structures per Parcel for Single-Unit Dwelling Use - 4 (iv) Maximum Number of Accessory Buildings or Structures per Parcel for the Agricultural Use - No Restrictions (v) Minimum Parcel Area created by Subdivision - 4 ha (vi) Minimum Setback from: - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - 7.5 m - 7.5 m - 7.5 m - 7.5 m (vii) Maximum height for - Principle Buildings or Structures - Accessory Buildings - Accessory Buildings for an Agricultural Use - 11 m - 6 m or 1 Storey whichever is the lesser - 13 m 4.18 Urban Reserve Zone: UR-1 (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Outdoor recreation uses including shooting and archery ranges; (ii) Resource Extraction Uses; (iii) Solar Energy Facility; (iv) Single-Unit Dwelling, limited to Lot 1, District Lot 3512, 4692, 4959, Kootenay District Plan 18546. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Caretaker Trailer; (ii) Single-Unit Dwelling; (iii) Urban Agriculture; (iv) Keeping of horses is permitted on any parcel larger than 0.4 ha (1 ac) and one (1) horse shall be allowed per 0.4 ha (1 ac) of land; (v) Home Occupation, including bed and breakfast, limited to Lot 1, District Lot 3512, 4692, and 4959, Kootenay District Plan 18546. (c) On a parcel zoned Urban Reserve, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Single-Unit Dwellings or Caretaker Trailers per Parcel - 1 (ii) Maximum number of Dwelling Units per Parcel - 1 (iii) Minimum Parcel Area created by Subdivision - 4 ha (iv) Minimum Lot Frontage - 80 m (v) Minimum Setback from: - Front Parcel Line - Rear Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - 7.5 m - 7.5 m - 7.5 m - 7.5 m (vi) Maximum height for - Principle buildings and structures - Accessory buildings - 10.5 m - 4.6 m or 1 Storey whichever is the lesser 4.19 Large Holding Zone: LH (a) Principal Uses The following Principal Uses of Land, Buildings and Structures and no others shall be permitted: (i) Single-Unit Dwelling; (ii) silviculture; (iii) Solar Energy Facility. (b) Accessory Uses The following Accessory Uses of Land, Buildings and Structures and no others shall be permitted: (i) Secondary Suite; (ii) Coach House; (iii) Home Occupation, including bed and breakfast; (iv) Boarding; (v) Kennel, Class 1; and (vi) Urban Agriculture. (c) Regulations On a parcel zoned Large Holding, no land shall be used; no building or structure shall be constructed, located or altered; and no plan of subdivision approved; that contravenes the regulations stated in this subsection, except as stated in Part 2: General Provisions and Part 3: Parking, Screening and Landscaping. COLUMN 1 MATTER REGULATED COLUMN 2 REGULATION (i) Maximum number of Single-Unit Dwellings per Parcel - 1 (ii) Maximum number of Dwelling Units per Parcel - 2 (iii) Maximum Number of Accessory Buildings or Structures per Parcel - 3 (iv) Minimum Parcel Area created by Subdivision A subdivision with Parcels smaller than 4 ha may be created provided that the development - 4 ha net density must not exceed 1 parcel per 4 ha and the minimum size is not less than 2 ha. (v) Minimum Parcel Frontage - Single Parcel - 20 m (vi) Parcel Coverage - 25% (vii) Minimum gross floor area for a Single-Unit Dwelling - 85 m2 (viii) Minimum horizontal dimension of a Single- Unit Dwelling - 7.3 m (ix) Minimum Setback for: All Buildings and Structures from - Front Parcel Line - Interior Side Parcel Line - Exterior Side Parcel Line - Rear Parcel Line Coach Houses from - Principle Single Family Dwelling - 7.5 m - 4.5 m - 4.5 m - 4.5 m - 3.0 m (x) Maximum height for - Principle Buildings and Structures - Accessory Buildings - 11.5 m - 6 m N a t al R o ad Natal Road Newgate Needles Nashton Crescent Crescent Crescent Co d y Crescent Ca m bo u rne C re s cent F e rguson C r escent Crescent Cassidy Co a l Creek Cr es cent Min to Crescent Mo r risey Cre s cent Galb rai th Dri ve For di ng D rive Boivin Road Elk Street Alpine Way Ch au nc ey S tre et Fording Drive Elk Valley Hi ghwa y (H w y 43) Front Street Water Street Camp Road Union Road Alder Alpine Drive Arbustus Street Alpine Drive Aspen Crescent Ash C r es cent Alpine Way Alpine Way Alpine Way Alp in e W ay Wilderness Wilde rne ss Hei ghts Way W il d er n es s H ei g ht s Cr es ce nt Place Balmer Drive B al m e r D ri ve Bickford Drive Bigstone Crescent B a l m e r C r e s c e n t Balmer Crescent B al m e r P la ce Black Diamond Crescent D a l t o n P l a c e Deer borne D ri ve Da rb y Cr es ce nt De m ps e y Pla ce Dogwood Drif t w o o d P lace D a v i d C r es c e nt Do u gl as C re sc ent Deer bor ne D rive Deerborne Drive B a l m e r C r e sc e n t Delta Cresce n t Delta Crescent Mic he l Ro ad B almer D ri v e Bal m er Driv e Bear Paw Crescent Cariboo Drive Cariboo C a m b e r t o n P la ce Cas ca de Crescent C h erok e e D r ive Churchill Place Clearwater Place Carling Place Claremont Place Citadel Place Ca si n o C re sc e nt C a ss iar D ri v e Cassiar Drive Cale do nia P l a ce Cha mp la in P l a ce Clinton Place Alpine W ay Alpine Wa y Intata Road Isk u t R o ad Elk Val ley Hi g h w ay ( H w y 4 3) Elk Valley Highway (Hwy 43) Elk Valley Highway (Hwy 43) Elk Lakes Road North Elk La kes Roa d N orth Elk Valley Highwa y (Hwy 43) Elk Valley Highway (Hwy 43) F o r d i n g H ig h w a y Corbin Dri v e A l p i n e D r i v e Street Street Al m ond Heights Dr i v e C rescent Balme r D a ws on C res cen t Da l l a s P l a c e Place Do rita C r es c ent Drive Crescent C h i m o I r o n C a n y o n Ro ad Ni a g ara C res c ent Natal Road Ch e ro ke e D r i ve In k a n ee p R o ad Elk Valley Highway (Hwy 43) A l p i ne Way P-1 P-1 C-2 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 P-1 A-1 A-1 A-1 A-1 UR-1 A-1 A-1 UR-1 UR-1 UR-1 UR-1 A-1 A-1 A-1 C-2 UR-1 UR-1 A-1 UR-1 A-1 UR-1 P-1 A-1 A-1 P-2 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 I-1 UR-1 UR-1 R-2 R-1 P-1 P-1 R-2 R-1 R-1 R-5 R-2 P-1 R-5 P-1 R-1 P-1 R-1 R-1 R-2 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 R-5 R-4 R-2 R-2 R-MH R-MH R-MH R-MH R-MH R-MH R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-5 UR-1 UR-1 UR-1 UR-1 P-1 P-1 UR-1 UR-1 R-MH R-MH R-MH R-MH R-1 P-1 UR-1 UR-1 UR-1 R-5 UR-1 R-2 R-2 R-2 R-MP R-1 R-1 R-1 P-1 P-1 R-MP R-MP C-3 R-5 R-MH R-MH R-MH R-MH R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-2 R-2 R-2 R-2 C-2 UR-1 A-1 P-1 A-1 A-1 A-1 C-2 C-2 A-1 A-1 A-1 C-2 R-1 C-1 C-1 C-1 C-1 C-1 C-1 P-1 R-4 R-3 R-3 R-3 R-4 R-4 P-1 R-2 R-3 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 P-1 C-1 R-4 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 A-1 I-1 A-1 R-1 R-1 P-1 R-1 R-MH R-MH UR-1 LH A-1 UR-1 UR-1 UR-1 UR-1 A-1 C-2 C-2 C-2 District of Elkford District of Elkford District of Elkford ± Unofficial Office Consolidation District of Elkford Zoning Bylaw No. 737, 2013 Schedule B A-1 Agriculture C-1 Town Center Commercial C-2 Service Commercial C-3 Neighborhood Commercial I-1 Industrial LH - Large Holding P-1 Public Institution P-2 Campground Institutional R-1 Single Unit Residential R-2 Two-Unit Residential R-3 Multiple Residential R-4 Apartment Residential R-5 Comprehensive Development Residential R-MH Mobile Home Residential R-MP Manufactured Home Park Residential UR-1 Urban Reserve C-1 (See Section 4.15 c) District of Elkford Jurisdiction Boundary 0 1 2 3 Kilometers Date Exported: 2026-06-02 8:58 AM Spatial Reference PCS: NAD 1983 UTM Zone 11N Scale: 1:6,000 Disclaimer: This zoning map is provided for general information and reference purposes only and is not a legal document. While every effort has been made to ensure the accuracy and completeness of the information presented, the municipality makes no guarantees, representations, or warranties regarding its accuracy, reliability, or currency. Zoning boundaries, regulations, and related information are subject to change without notice. Users should verify all information through official sources and consult the applicable zoning bylaw and municipal staff before making any decisions or taking any actions based on this map. The municipality assumes no responsibility for any errors, omissions, or discrepancies, or for any decisions made or actions taken in reliance on this information.