Fernie, British Columbia
· No. 1750
· adopted 1998-03-30
· summary & facts
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unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the City of Fernie
CONSOLIDATED ZONING
BYLAW NO. 1750
Consolidated to Bylaws:
1786, Amend # 1
2043, Amend # 74
2159, Amend # 125
2302, Amend # 183
2421, Amend #235
1794, Amend # 3
2046, Amend # 75
2166, Amend # 126
2303, Amend # 184
2422, Amend #236
1796, Amend # 4
2049, Amend # 76
2168, Amend # 128
2306, Amend # 185
2425, Amend #239
1801, Amend # 5
2058, Amend # 78
2180, Amend # 131
2322 Amend # 186
2426, Amend #240
1804, Amend # 6
2061, Amend #79
2186, Amend # 132
2323 Amend # 187
2427, Amend #241
1808, Amend # 7
2064, Amend # 80
2187, Amend # 133
2324, Amend #188
2443, Amend #248
1810, Amend # 8
2068, Amend # 82
2189, Amend # 135
2327, Amend #189
2444, Amend #249
1817, Amend # 9
2074, Amend # 83
2192, Amend # 136
2328, Amend #190
2445, Amend #250
1818, Amend # 10
2078, Amend # 85
2194, Amend # 137
2329, Amend #191
2447, Amend #251
1822, Amend # 12
2080, Amend # 86
2196, Amend # 138
2330, Amend #192
2448, Amend #252
1827, Amend # 13
2083, Amend # 87
2202, Amend # 139
2334, Amend #194
2453, Amend #253
1828, Amend # 14
2085, Amend # 88
2204, Amend # 140
2339, Amend #197
2454, Amend #254
1829, Amend # 15
2086, Amend # 89
2205, Amend # 141
2340, Amend #198
2455, Amend #255
1831, Amend # 16
2088, Amend # 90
2206, Amend # 142
2341, Amend #199
2463, Amend #256
1835, Amend # 17
2090, Amend # 91
2210, Amend # 145
2345, Amend #200
2464, Amend #257
1857, Amend # 19
2098, Amend # 92
2214, Amend # 146
2353, Amend #201
2472, Amend #259
1859, Amend # 20
2100, Amend # 93
2216, Amend # 148
2354, Amend #202
2482, Amend #262
1861, Amend # 22
2107, Amend # 94
2217, Amend # 149
2356, Amend #203
2486, Amend #263
1789, Amend # 24
2108, Amend # 95
2219, Amend # 150
2357, Amend #204
2488, Amend #264
1873, Amend # 25
2109, Amend # 96
2225, Amend # 152
2359, Amend #205
2499, Amend #269
1874, Amend # 26
2110, Amend # 97
2227, Amend # 153
2360, Amend #206
2507, Amend #271
1881, Amend # 28
2116, Amend # 99
2229, Amend # 154
2364, Amend #208
2511, Amend #274
1886, Amend # 30
2117, Amend# 100
2232, Amend # 156
2365, Amend #209
2517, Amend #276
1894, Amend # 31
2118, Amend # 101
2237, Amend # 158
2374, Amend #210
2522
1908, Amend # 36
2121, Amend # 102
2239, Amend # 159
2377, Amend #211
2477
1913, Amend # 38
2125, Amend # 103
2240, Amend # 160
2378, Amend #212
2523
1945, Amend # 41
2126, Amend # 104
2241, Amend # 161
2380, Amend #213
2536
1947, Amend # 42
2127, Amend # 105
2243, Amend # 163
2381, Amend #214
2549
1948, Amend # 43
2128, Amend # 106
2244, Amend # 164
2382, Amend #215
2551
1951, Amend # 45
2131, Amend # 107
2245, Amend # 165
2384, Amend #216
1958, Amend # 46
2132, Amend # 108
2248, Amend # 166
2387, Amend #217
1968, Amend # 48
2133, Amend # 109
2249, Amend # 167
2391, Amend #220
1969, Amend # 49
2135, Amend # 111
2252, Amend # 168
2392, Amend #221
1972, Amend # 50
2140, Amend # 110
2258, Amend # 169
2398, Amend #223
1974, Amend # 51
2141, Amend # 112
2262, Amend # 170
2401, Amend #225
1981, Amend # 54
2142, Amend # 113
2264, Amend # 172
2402, Amend #226
1987, Amend # 56
2144, Amend # 114
2271, Amend # 174
2404, Amend #227
2001, Amend # 60
2150, Amend # 119
2275, Amend # 176
2409, Amend #229
2007, Amend # 63
2151, Amend # 120
2281, Amend # 177
2410, Amend #230
2019, Amend # 69
2152, Amend # 121
2282, Amend # 178
2412, Amend #231
2023, Amend # 70
2153, Amend # 122
2292, Amend # 179
2413, Amend #232
2031, Amend # 72
2156, Amend # 123
2293, Amend # 180
2416, Amend #233
2033, Amend # 73
2157, Amend # 124
2301, Amend # 182
2417, Amend #234
Consolidation Version Last Updated October 7, 2026
All persons making use of this consolidated version of the City of Fernie Bylaw No.1750 are advised that has no legislative sanction; that the amendments
have been embodied for convenience of reference only and that the original bylaws must be consulted for all purposes of interpreting and applying the
Bylaw. Subsections or sections of the original bylaw and or amendments which have been repealed have not been included in this consolidation.
Certified copies of all City bylaws are available from the City Clerk.
TABLE OF CONTENTS
Page No.
PREFACE
PART 1
ADMINISTRATION AND ENFORCEMENT ............................................................. 1
1.1
Title ..................................................................................................................................... 1
1.2
Administration ..................................................................................................................... 1
1.3
Violation .............................................................................................................................. 1
1.4
Penalty ................................................................................................................................. 1
1.5
Severability .......................................................................................................................... 1
1.6
Repeal of Bylaws................................................................................................................. 2
PART 2
INTERPRETATION ......................................................................................................... 2
2.1
Application .......................................................................................................................... 2
2.2
Schedules ............................................................................................................................. 2
2.3
Units of Measure ................................................................................................................. 2
2.4
Definitions ........................................................................................................................... 2
PART 3
GENERAL REGULATIONS ........................................................................................... 30
3.1
Conformity of Uses, Buildings and Structures .................................................................... 30
3.2
Use of Existing Parcels ........................................................................................................ 30
3.3
Permitted Uses in all Zones ................................................................................................. 30
3.4
Prohibited Uses.................................................................................................................... 30
3.5
Home Occupation ................................................................................................................ 31
3.6
Accessory Buildings and Structures .................................................................................... 31
3.7
Siting of Buildings and Structures ....................................................................................... 31
3.8
Visibility at Intersections ..................................................................................................... 34
3.9
Height Exceptions of Buildings and Structures ................................................................... 35
3.10
Screening and Fencing Requirements ................................................................................. 35
3.11
Parcel Area Requirements ................................................................................................... 35
3.12
Panhandle Parcels ................................................................................................................ 36
3.13
Shipping Containers ............................................................................................................ 36
PART 4
ZONES ............................................................................................................................... 38
4.1
Establishment of Zones ....................................................................................................... 38
4.2
Zone Designation ................................................................................................................ 38
4.3
Official Zoning Map ............................................................................................................ 39
4.4
Zone Boundaries.................................................................................................................. 39
TABLE OF CONTENTS
Page No.
General Regulations for Residential Areas ........................................................................................... 41
R-SS - Residential - Small Scale ........................................................................................ 42
R3 - Medium Density Residential ....................................................................................... 44
R3-R-Medium Density Residential - Riverside ................................................................. 46
R4 -Multiple Family Residential (High Density) ............................................................... 48
R-5R - Multi-Family Residential Rental ........................................................................... 50
R-MH - Modular Home Residential .................................................................................... 52
RR - Rural Residential ........................................................................................................ 55
General Regulations for Commercial Areas ......................................................................................... 58
C1 - Retail Commercial ...................................................................................................... 59
C2 - Neighborhood Commercial ......................................................................................... 61
C-HWY - Highway Commercial ......................................................................................... 63
C-WF-West Fernie Mixed Use ............................................................................................ 68
CS1 - Service Commercial .................................................................................................. 70
General Regulations for Industrial Areas ............................................................................................ 73
M1 - Light Industrial ........................................................................................................... 74
A-1 - Agricultural Zone ...................................................................................................... 77
General Regulations for Public Zones .................................................................................................. 79
P1 - Public Institutional ..................................................................................................... 80
P2 - Parks and Open Space ................................................................................................. 82
P3 - Private Parks ............................................................................................................... 84
General Regulations for Comprehensive Development Zones ............................................................. 85
CD-1 - Comprehensive Development One ........................................................................ 86
CD-2 - Comprehensive Development Two ....................................................................... 99
CD-3 - Comprehensive Development Three ..................................................................... 107
CD-4 - Comprehensive Development Four ....................................................................... 109
CD-5 - Comprehensive Development Five ....................................................................... 112
PART 5
OFF STREET PARKING AND LOADING ................................................................... 115
5.1
Application of Regulations .................................................................................................. 115
5.2
Exemption of existing Buildings from Parking and Loading Requirements ....................... 115
5.3
Number ................................................................................................................................ 115
5.4
Location ............................................................................................................................... 116
5.5
Standard ............................................................................................................................... 116
5.6
Parking Requirements for the Handicapped ....................................................................... 117
5.7
Off street Loading ............................................................................................................... 121
PART 6
ADOPTION ....................................................................................................................... 122
List of Amendments ............................................................................................................................... 123
ATTACHMENTS
Schedule "A" Zoning Map
PREFACE
This bylaw provides regulations on zoning. Zoning is concerned with the use of land, density of use, signs,
siting, size and dimensions of buildings and structures and area, shape and dimensions of parcels of land.
This Bylaw also regulates parking, signage and screening for the City of Fernie. Other sections of the
"Municipal Act" that may be relevant when considering development of land are:
Section
Development Approval Procedures
Advisory Planning Commission
Public Hearing
Board of Variance
Non-Conforming Uses
Development Variance Permits
Parcel Frontage on Highway
Residence for Relative
Other City of Fernie Bylaws that may affect development of land include:
Bylaw No.
1923
Official Community Plan
1727
Subdivision and Development Servicing Bylaw
1125
Manufactured Home Park Bylaw
1706
Land Use Application Procedures Bylaw
1587
Unsightly Property Prevention Bylaw
1755
Business License Bylaw
1780
Floodplain Management Bylaw
1946
Building Bylaw
and the relative amendments and replacements.
1
THE CORPORATION OF THE CITY OF FERNIE
BYLAW No. 1750
WHEREAS
the Council of the City of Fernie has adopted the City of Fernie Official
Community Plan;
AND
the Council deems it desirable to replace the City's existing Zoning
WHEREAS
Bylaw cited as: "City of Fernie Zoning Bylaw No. 1406, to help ensure that its
policies contained in the Official Community Plan are implemented.
NOW
the Municipal Council of the City of Fernie in open meeting assembled.
THEREFORE
enacts as follows:
PART 1
ADMINISTRATION AND ENFORCEMENT
1.1
TITLE
This Bylaw may be cited for all purposes as "Zoning Bylaw" and is subsequently referred to
herein as "this Bylaw".
1.2
ADMINISTRATION
1.
The Bylaw Enforcement Officer and such other persons as may be appointed by the
Council of the City of Fernie shall administer this Bylaw.
2.
The Bylaw Enforcement Officer or other such persons appointed under Section 1.2.1 to
administer this Bylaw are authorized to enter any building or structure or upon any land
at any reasonable time to ascertain whether the provisions of this Bylaw are being
observed.
1.3
VIOLATION
Every person who violates any provisions of this Bylaw, or who acts or suffers or permits any
act or thing to be done in contravention of or in violation of any of the provisions of this
Bylaw, or who neglects to do or refrains from doing anything required to be done under the
provisions of this Bylaw shall be guilty of an offence of this Bylaw.
1.4
PENALTY
Every person guilty of an offence of this Bylaw shall be liable on summary conviction to a
penalty not exceeding two thousand dollars ($2,000.00) for each offence and costs of
prosecution.
1.5
SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be
2
invalid by a decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Bylaw.
1.6
REPEAL OF BYLAWS
"City of Fernie Zoning Bylaw No. 1406, 1990", "City of Fernie Parking Bylaw No. 1491",
"City of Fernie Sign Bylaw No 961" and all bylaws enacted in amendment thereto are hereby
repealed.
PART 2
INTERPRETATION
2.1
APPLICATION
The provisions of this Bylaw apply to the land area within the boundaries of the City of Fernie
and to all buildings and structures therein.
2.2
SCHEDULES
The following schedules attached to this Bylaw are incorporated in and form part of this
Bylaw:
Schedule "A" - Zoning Map of the City of Fernie
2.3
UNITS OF MEASURE
Numerical quantities in this Bylaw are written in the International System of Units (SI) (i.e. -
metric form). Approximate imperial units are shown in brackets following the metric
measurements; such bracketed figures are included for convenience only and do not form part
of this Bylaw.
2.4
DEFINITIONS
In this Bylaw:
ACCESSORY TO means:
customarily incidental and subordinate to the permitted use of land, building or structures.
ACCESSORY BUILDING means:
(a) detached building the use or intended use of which is accessory to that of the principal building
situated on the same parcel; or
(b) a building which is accessory to a principal use being made of the parcel upon which such
building is (to be) located.
3
ACCESSORY USE means:
(a) a use which is accessory to the principal building or to the use of the principal building on the
same parcel; - or
(b) a use which is accessory to the principal use being made of the parcel upon which such
accessory use is carried on.
ACCOMMODATION UNIT means:
One or more habitable rooms together, that may or may not contain cooking facilities; has a private
entrance either from the outside or from a common hall inside a building; provides commercial
accommodation for periods of less than 30 days; and contains at least one bathroom. An
Accommodation Unit is not a Dwelling Unit.
AERODOME means:
an Aerodrome as defined by Transport Canada and does not include an Airport as defined by
Transport Canada.
AGRICULTURE means:
the use of land, buildings, and structures for any of the following:
1.
growing, producing, raising or keeping animals and plants, including apiculture, poultry and
the growing of mushrooms and the primary products of those plants or animals, but does not
include the breeding of pets or operating a Kennel;
2.
cultivation in plantations of any specialty wood crops or specialty fibre crops prescribed by
the Minister responsible for Agriculture;
3.
turf production with approval under the ALCA, if required;
4.
raising or keeping of farmed game by a person licensed to do so under the Game Farm Act
(GFA);
5.
raising or keeping of furbearing animals by a person licensed to do so under the Fur Farm Act
(FFA);
6.
raising or keeping of exotic animals prescribed by the Minister responsible for Agriculture;
7.
a British Columbia licensed winery or cidery, provided that the use is in accordance with all
conditions in the ALCA, as amended from time to time and all regulations or orders pursuant
4
thereto;
8.
the following farm activities to enable uses (1) to (7) above of the farm on that Lot:
9.
clearing, draining, irrigating, or cultivating land;
10.
using farm machinery, equipment, devices, materials, and structures;
11.
applying fertilizers, manure, pesticides, biological control agents, including ground and aerial
spraying; and
12.
storage of Agricultural Products and the products of On-farm Processing and On-farm
Product Preparation.
ALLUVIAL FAN means:
the alluvial deposit of a stream where it issues from a steep mountain valley or gorge upon a plain
or at the junction of a tributary-stream with the main stream.
AMUSEMENT ARCADE means:
a facility having four or more mechanical or electrical games for the purpose of entertaining the
public for a fee.
AMUSEMENT PARK means:
a commercial operation, including any carnival, circus, water slide, miniature golf course,
playground, mechanical amusement device, or other similar amusement enterprises which are open
to the public for admission to which a fee is charged but shall not include movie theatres, zoos or
theatres for the performing arts.
5
ANIMAL UNIT consists of any of the following:
1 beef or dairy cow plus calf or bull;
1 horse (stallion, gelding or mare and foal), donkey, mule or hinny;
4 sheep plus lambs;
4 goats plus kids;
40 rabbits; and
125 chickens, turkeys, geese or ducks.
APARTMENT means:
a type of multiple family building containing five or more dwelling units which have shared exit
facilities above the first or main storey.
ASSEMBLY USE means:
a use providing for the assembly of persons for religious, charitable, philanthropic, cultural,
recreational or educational purposes and includes churches, schools, auditoriums, youth centres,
social halls, community halls and conference and convention facilities.
AWNING means:
a clothlike or lightweight shelter projecting from a building.
BARELAND STRATA LOT means:
a lot shown as such on a registered strata plan.
BASEMENT means:
a storey or storeys of a building located below the first storey.
BEEHIVE means:
an enclosed human-made structure in which no more than one colony of bees live and raise their
young.
6
BREWERY means:
a facility for the brewing, bottling, marketing and retail sales of beers and ales,
by either a company for retail sales or by an individual for personal consumption.
BUFFER means:
a visual barrier formed by any one or a combination of landscaping, fencing or berm that is intended
to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent
land.
BUILDING means:
any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING INSPECTOR means:
the person from time to time appointed by Council.
CAMPGROUND means:
an area of land that has been designed and intended for the temporary placement of recreational
vehicles and tents. A campground includes any parcel of land with any combination of 3 or more
tents or recreational vehicles placed on it. A campground does not include a Modular Home park.
CAMPGROUND SPACE means:
an individual area in a campground used or intended to be used, leased or rented for occupancy by
tents or recreational vehicles.
CANOPY means:
a non-retractable, solid projection which extends from the face of a building and is supported by
posts or is a structural part of a building.
CARPORT means:
a partially enclosed structure used or intended for the shelter of one or more motor vehicles.
7
CHILD CARE SERVICES means:
development licensed by the Province to provide daytime personal care and education to children
but does not include overnight accommodation. Typical uses include daycare centres, day
nurseries, kindergartens, nursery schools and play schools.
CLUB OR LODGE means:
a building or establishment used by a fraternal or service organization for meetings or social or
recreational purposes, including incidental catering to the general public.
COMMERCIAL SCHOOL means:
a school conducted for gain, other than a private, academic, religious or philanthropic school and
includes any specialized school, such as music, art or business.
COMMON STORAGE AREA means:
a portion of a Manufactured Home park used or intended to be used for storage of automobiles,
recreational vehicles, boats and other equipment and materials.
COMMON WALL means:
a continuous, unbroken vertical structure on either side of which is a separate dwelling unit.
COMMUNITY CARE FACILITIES means:
a building or buildings where care and assistance is provided for three or more persons who, on
account of infirmity or mental or physical disability, require personal care or assistance.
COMMENCEMENT OF DEVELOPMENT means:
the application for a building permit or any excavation for construction of footings or foundations.
COMMUNITY SEWER SYSTEM means:
a common sanitary sewer or a system of sanitary sewage disposal serving two or more parcels
which is owned, operated and maintained by the City of Fernie.
8
COMMUNITY WATER SYSTEM means:
a system of water works within the meaning of Section 21 of the Health Act, which is owned,
operated and maintained by the City of Fernie.
CONDO HOTEL means:
a building or part of a building subdivided by way of a strata plan into lots containing two or more
residential or commercial strata lots or both, wherein some or all strata units are Accommodation
units; and where some or all strata units are dwelling units. Regardless of use as Accommodation
Units or Dwelling Units a maximum of one set of individual cooking facilities is permitted in each
Accommodation Unit or Dwelling Unit. Commercial and public areas including but not limited to a
lobby, restaurant, assembly, entertainment and recreational facilities may be included within the
building.
CONSERVATION AREA means:
an area that is considered to have special or sensitive environmental values that is desirable to
preserve and protect in its natural state in perpetuity.
COUNCIL means:
the duly elected Municipal Council of the City of Fernie.
CONVENIENCE STORE means:
a building for the sale of convenience items including groceries, dry cleaning, videos and other
items considered to be necessary on a daily basis, not to exceed 2,500 sq. ft.
CUL-DE-SAC means:
a street, one end of which is permanently closed by the pattern of subdivision.
CULTURAL ESTABLISHMENTS means:
buildings housing space for the pursuit of cultural activities, including arts, entertainment, crafts,
historic and languages.
CONTROLLED ACCESS HIGHWAY means:
a highway or portions of a highway designed for through traffic and designated as such under Part
6 of the Highway Act, and includes Highway 3.
9
CORNER SITE means:
a site at the intersection or junction of two or more highways.
DISTILLERY means:
a building, or portion thereof, utilized 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.
The manufacturing component shall not exceed 140 square metres.
DWELLING, FOUR FAMILY means:
a dwelling containing four (4) dwelling units.
DWELLING, MULTI FAMILY means:
one building containing three or more dwelling units that can take the built form of town housing,
stacked town housing or apartments.
DWELLING, DUPLEX means:
one building containing two (2) dwelling units that: (a) share a common roof and foundation
(such as side by side units); or (b) that are separated by a common wall or floor (such as up down
units); and (c) where no horizontal dimension of either dwelling unit, excluding a common wall
or addition, is less than 5.5 m (18 ft).
DWELLING DENSITY means:
the number of dwelling units per hectare of land, which is calculated on the basis of the number
of dwelling units divided by the area of land, excluding public streets, public parks and other
outright public uses.
DWELLING UNIT means:
a building or portion thereof containing one or more habitable rooms used or intended to be used
for living and sleeping purposes containing sleeping, sanitary facilities, and not more than one (1)
set of cooking facilities. A Dwelling Unit is not an Accommodation Unit.
10
DWELLING UNIT, ACCESSORY means:
a building or part of a building that:
a) is a self-contained dwelling unit,
b) has cooking, sleeping and bathroom facilities, and
c) is secondary to a primary dwelling unit located on the same property.
DWELLING, SINGLE DETACHED means:
a building, detached from all others containing a single dwelling unit. Single detached dwellings
may also include secondary suite(s).
ECO-CLUSTERING means:
a method of creating and preserving natural open space in excess of required park dedication in
new residential developments by concentrating residential density within a development polygon
while maintaining zone specific gross density requirements for the overall site.
ELECTRIC SIGN means:
a transparent sign lighted from within by electricity and shall also include any sign having a
border of electric illuminant.
ELECTRICAL INSPECTOR means:
the person from time to time appointed as such by the Provincial Government.
EMPLOYEE HOUSING means:
the use of a dwelling unit for occupation only by an employee or an individual related by blood,
adoption, common-law marriage or foster parenthood to an employee or co-habiting with an
employee in a spousal relationship.
EXTENSIVE RECREATION means
land and facilities, generally privately owned and operated, that require large parcels of land, are
available for public use and may include, but is not limited to, golf course, go-cart, tennis and
mini golf.
11
EXTERIOR PERIMETER PARCEL LINE means:
the parcel line which forms the outside boundary of a parcel containing bareland strata lots
created by a bare land strata plan pursuant to the Condominium Act.
FIGURE 1
FACIA SIGN means:
a flat sign, plain or illuminated, running parallel for its whole length to the face of the building to
which it is attached.
FAMILY means:
an individual, or two or more persons related by blood, marriage, common law, adoption, or
foster parenthood, or no more than five (5) unrelated persons sharing one dwelling unit.
12
FARM ANIMALS, KEEPING OF means:
the keeping or rearing of poultry and livestock, other than swine or mink, provided the number of
animal units of livestock does not exceed one (1) animal unit per hectare in total and the number
of animal units of poultry does not exceed one-half (1/2) animal unit per hectare in total. In all
cases the number of livestock or poultry permitted shall be rounded down to the nearest whole
number.
FENCE means:
a man-made structure intended to prevent intrusion onto a parcel or to separate a parcel from
adjacent parcels or part of - a parcel from an adjacent part of a parcel and includes a wall or
trellis.
FINISHED GRADE means:
the average level of finished ground adjoining a building at all exterior walls.
FIRST STOREY means:
the storey having its floor level not more than 2.0 m (6.6 ft) above finished grade.
FLOOR AREA, GROSS means:
the sum of the total horizontal area of all floors of a building, excluding basement floor areas used
exclusively for storage, heating or laundry facilities, any portion used for parking, swimming
pools, open sundecks, balconies and any portion of a penthouse containing elevators or
ventilating equipment.
FLOOR AREA, NET means:
the total of the usable floor area of all floors of a building measured from the glassline or the
interior wall dimensions, excluding stairways, elevators, mechanical floors or rooms, vertical
service shafts, malls and non-rentable common corridors, lobbies, washrooms, internal garbage
storage and internal vehicular areas.
FLOOR AREA RATIO means:
the ratio between the total floor space of a building and the total area of the parcel upon which the
building is situated.
13
FIGURE 2
FORESTRY INDUSTRY means:
the harvesting and silviculture of the forested land and related activities, which do not include
production of pulp.
FRONTAGE means:
that portion of the boundary of a parcel which is in common with the boundary of a highway
other than a lane.
FRONTAGE ROAD means:
that length of a highway which one side adjoins a highway designated as a controlled access
highway and over which access is permitted to parcels on the other side.
GARAGE means:
a building or part thereof used or intended to be used for the shelter or storage of motor vehicles
but shall not mean a Gasoline Service Station.
GAS BAR means:
any building or land, the use of which shall be the retail sale of motor fuels and lubricants and
may include automotive car wash, but may not include automotive repairs, sales and accessories.
14
GROSS HECTARE means:
a hectare of land including areas given over to development of private streets, lanes and open
spaces.
GROUP HOME means:
a dwelling for the accommodation of three (3) to ten (10) persons, exclusive of staff, who by
reason of their emotional, mental, social or physical condition or legal status require a group
living arrangement for their well being, and
(a) such facility is supervised and the members of the group are referred by a hospital
or government agency;
(b) such facility is licensed or approved under Provincial statute and does not include
any use otherwise classified or defined in this Bylaw, and
(c) includes small scale institutional and group homes.
HABITABLE AREA means:
any space or room within a building or structure, including a Modular Home or Unit and a
modular home or unit, which is used or capable of being used for human occupancy, industrial,
business, or commercial use, or storage of goods, including equipment, (including furnaces)
which could be subject to damage by floodwater.
HABITABLE ROOM means:
a room designed for living or sleeping but does not include a bathroom, kitchen, storage room,
laundry room, utility room or closet.
HEIGHT means:
the vertical distance from the finished grade to the highest point of a building or structure.
HIGHWAY includes:
a street, road, lane, bridge, viaduct and any other way open to public use but does not include a
private right-of-way on private property, walkways, or common parcel accesses as defined by the
Condominium Act.
15
HIGHWAY COMMERCIAL means:
commercial uses which rely on automobile or truck traffic and the tourist population.
HOME OCCUPATION means:
an occupation, service, profession or craft which is clearly incidental to the use of a Dwelling
Unit for residential purposes or to the residential use of a parcel occupied by a Dwelling Unit,
including, but not limited to, Short Term Rentals.
HORIZONTAL SIGN means:
a sign whose maximum horizontal dimension is greater than its maximum vertical dimension.
HORTICULTURE means:
the growing of flowers, fruits, vegetables and, for the purpose of this Bylaw, forages and grains,
nurseries and greenhouses but does not include commercial mushroom growing.
HOSTEL means:
a building used as a temporary place of lodging containing one or more dormitories and includes
common area and facilities for washing, cooking, dining and socializing.
HOTEL means:
a building or part wherein accommodation is provided for transient lodgers. Entrance and exit
ways are shared and the building may include public areas such as a lobby, restaurant, assembly,
entertainment and recreation facilities.
INDEPENDENT SCHOOL means:
an Independent School as defined in the Independent School Act, R.S.B.C., 1996, Chapter 216
(as amended).
INDOOR AMENITY SPACE means:
an unobstructed area or areas within a building accessible and available for the use of the
residents of the dwelling units that it serves. No dimension shall be less than 3 m (9.8 ft). This
space may be located in the principal building or in an accessory building located on the same
parcel as the principal building. Indoor amenity space may include, but is not limited to: an
exercise room, workshop, common meeting room, or children's play area.
16
INDUSTRY LIGHT includes:
such uses as assembly, fabricating, light manufacturing, warehousing, wholesaling and food
processing.
INFILL DEVELOPMENT generally means:
development or redevelopment on parcels which can often be re-subdivided parcels, located in
existing residential or commercial districts.
JUNK YARD means:
an open area 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.
A junk yard includes an automobile wrecking or dismantling yard but does not include uses
established entirely within enclosed buildings.
KENNEL means:
any compound, group of pens or cages or property in which four or more dogs or cats are, or
intended to be trained, cared for, bred, boarded or kept for any purpose whatsoever. Kennels do
not include commercial boarding kennels. A dog or cat means a member of the canine or feline
species which is two or more months in age.
KENNEL, COMMERCIAL BOARDING means:
any compound, group of pens or cages or property in which four (4) or more dogs or cats, other
than those belonging to a resident of the property on which the commercial boarding kennel is
located are or are intended to be cared for or boarded for profit or gain. A dog or cat means a
member of the canine or feline species which is two or more months in age.
LAND means:
the surface of water, but does not include improvements, mines or minerals belonging to the
Crown, or mines or minerals for which title in fee simple has been registered in the land title
office, but for the proposes of assessment and taxation, "land" has the same meaning in the
Assessment Act.
LANE means:
a highway not less than 3.0 m (9.8 ft) nor more than 10.0 m (32.8 ft) in width which provides
secondary access to any abutting parcel.
17
LOT see "Parcel".
MANUFACTURED HOME means:
a Single Detached Dwelling that is constructed under Canadian Standards Association (CSA)
standard Z240MH with the MH meaning Modular Home. Z240MH is a stand-alone building
code. Manufactured housing is subject to 3rd party inspection to ensure compliance with the
standard.
MODULAR HOME SUBDIVISION means:
that part of comprehensively designed Modular Home community used primarily for installed
manufactured and Manufactured Homes, including permissible additions and which is not used
for buffer area, roadways, owner's residential plot, the procuring and treatment of water,
collective sewage treatment, effluent disposal from a collective sewage treatment, effluent
disposal from a collective sewage treatment plant, garbage disposal, or accessory buildings or
structures.
MODULAR HOME PARK means:
land used or occupied by any person for the purpose of providing space for the accommodation of
two (2) or more manufactured or modular homes and for imposing a charge or rental for the use
of such spaces, except where two (2) or more manufactured or modular homes are permitted on a
parcel.
MODULAR HOME SPACE means:
an area of land for the installation of one manufactured or modular home with permissible
additions and situated within a Modular Home park.
MANUFACTURING means:
the use of land or buildings for the purpose of manufacturing, assembly, finishing, treating,
altering, repairing, warehousing for sale of any goods or service, including value added
fabrication for the production of specialty goods derived from raw or natural resources, including,
but not limited to, furniture makers, log home builders, art and sculpture studios, craft shops and
bakeries.
18
MICRO BREWERY WITH TOURISM AMENITY FACILITIES means:
a facility of less than a 1,000 square metre footprint for the brewing, bottling and marketing of
beers, ales and ciders by a company for retail and wholesale sales which shall include a tour
reception area, a retail store and an area for beer, ale and cider tasting and food consumption; and
whereby, no more than five tractor-trailer type vehicles shall be allowed for pick-up or delivery
to the facility within any 24 hour period.
MAJOR STREET NETWORK means:
the arterial planned arterial transportation network, prepared in coordination with the Ministry of
Transportation and Highways.
MINIMUM USABLE SITE AREA means:
a contiguous area of land with an average slope not exceeding 15%, no portion of which is
subject to land slip, avalanche, rockfall, flooding or high water table hazard.
MINI-STORAGE WAREHOUSE means:
a building containing separate, individual self storage units designed to be rented / leased to the
general public for private storage of personal goods and equipment.
MIXED USE DEVELOPMENT means:
a building or comprehensively planned site that combines two or more complementary land uses.
MODULAR HOME means:
a single detached dwelling that is constructed under CSA standard A277 which is a "plant
standard" meaning the factory knows how to build the home in full compliance with the current
BC Building Code. While the majority of modular homes are built on engineered floor systems
designed for placement on foundations, they can be constructed on steel frames similar to
modular homes. Modular homes are subject to 3rd party inspection to ensure compliance with
the respective building code.
19
MOTEL means:
a building or group of buildings divided into two or more Accommodation Units, each with a
separate entrance, for the primary purpose of accommodating transient motorists. This use may
include a motor court, resort, cottages, bungalows or cabins but does not include a hotel or other
residential premises. A motel may include a dining establishment primarily engaged in the service
of food to persons in temporary residence in the motel but may not include establishments
primarily engaged - in providing entertainment or in serving beverages.
Motels may also include park model RVs (CSAZ241 - Park Model RV) operated as
accommodation units where no more than 50% of all accommodation units for the motel are Park
Model RVs. Park model RVs used as accommodation unit shall not be located closer than 1.5m
from all buildings and shall be subject to the minimum setbacks required in a zone to the exterior
parcel lines
NATURAL BOUNDARY means:
the visible high-water mark of any lake, river, stream or other body of water where the presence
and action of the water are so common and usual and so long continued in all ordinary years as to
mark upon the soil of the body of water a character distinct from that of the banks thereof, in
respect to vegetation, as well as in the nature of the soil itself.
NATURAL GROUND ELEVATION means:
the undisturbed ground elevation prior to site preparation.
NEIGHBOURHOOD COMMERCIAL means:
a commercial operation that serves the convenience needs of the adjacent neighborhood and
includes food, drug, variety and personal grooming types of operations.
OFF-STREET LOADING SPACE means:
an area of land other than a highway used to provide access to a loading door, platform or bay for
the purpose of loading and unloading of vehicles.
OFF-STREET PARKING SPACE means:
an area of land other than a highway used for the temporary storage of vehicles.
20
OUTDOOR STORAGE means:
an area outside an enclosed building where material and equipment used by or associated with the
principal use of the same or an adjoining parcel are kept.
PAD means:
a paved surface on which blocks, posts, runners or strip footings are placed for the purpose of
supporting a Modular Home or Unit, a concrete Pad for supporting a Habitable Area, or a poured
in place concrete perimeter foundation for the purpose of supporting a Habitable Area or Modular
Home.
PANHANDLE PARCEL means:
any parcel, the building area of which is serviced and gains frontage through the use of a
relatively narrow strip of land which is an integral part of the parcel and is referred to as an access
strip.
PARCEL means:
the smallest unit which land is designated under the Land Title Act or the Condominium Act as a
separate and distinct parcel on a legally recorded plan or description deposited in the Land Title
Office, but does not include a highway right-of-way or portion thereof and includes a strata parcel
pursuant to the Condominium Act and registered in the Land Title Office.
PARCEL COVERAGE means:
the total horizontal area within the outermost walls of buildings and structures on a parcel
including all attached porches or decks or verandas but excluding open and enclosed terraces at
grade; swimming pools, steps, cornices, eaves and similar projections, and solar energy
collectors, expressed as a percentage of parcel area.
PARCEL LINE means:
a legal boundary of a parcel as shown or described on the records of the Land Title office.
PARCEL LINE, FRONT means:
the parcel line common to a parcel and an abutting highway other than a lane. Where there is
more than one such line the shortest such line shall be considered the front parcel line, or where
the front and rear parcel lines both adjoin a highway the front parcel line shall be that to which the
majority of adjacent buildings face. The front parcel line of a panhandle parcel shall be the parcel
line closest to the highway from which access is obtained but excludes the access strip.
21
PARCEL LINE, REAR means:
the parcel line or parcel lines opposite to and most distant from the front parcel line or where the
rear portion of the parcel is bounded by intersecting side parcel lines, it shall be the point of such
intersection.
PARCEL LINE, SIDE means:
the parcel line or parcel lines other than the front or rear parcel line and common to another parcel
or parcels or to a highway.
PARK means:
open space set aside for recreational purposes or maintained for the use and enjoyment of the
public and includes ecological, archaeological and historical sites. A park may also include
privately owned land for use of which no charge is made but does not include a commercial
amusement park.
PENSION means:
a building used for temporary lodging by visitors that includes accommodation units and a
common area including a dining room intended for use of guests.
PERMANENT FOUNDATION means:
a foundation constructed of permanent materials such as concrete or preserved wood in
accordance with the provisions of the British Columbia Building Code, or a system of double
blocking under a Manufactured Home provided an anchorage system as required by the British
Columbia Building Code is provided.
PERSON means:
any individual, association, partnership, corporation, agent or trustee and their heirs, executors or
other legal representatives.
PERSONAL SERVICES means:
a variety of services provided for a charge, to individuals, including but not limited to, personal
grooming, physical fitness, therapeutic massage and counseling.
22
PRINCIPAL BUILDING means:
an existing or proposed building in which or in relation to which the permitted principal uses are
concentrated.
PRINCIPAL USE means:
the main purpose for which land, buildings or structures are ordinarily used.
PROJECTING SIGN means:
a sign fastened directly to the wall of a building and projecting out from the wall.
PUBLIC BUILDING means:
any building owned by the government of Canada, the Provincial Government, Crown
Corporations, the Regional District of East Kootenay, the School District No. 5, or the City of
Fernie used in the service of the public and includes a fire hall and police station.
PUBLIC SCHOOL means:
a place of instruction maintained at public expense pursuant to the School Act.
PUBLIC UTILITY USE means:
a use, including buildings and structures, providing water supply, sewage collection and disposal,
electricity, natural gas, telephone, radio and television broadcasting, transmitting and receiving
and similar services where such use is established by the Municipality, by another government
body, or by a company regulated by government legislation.
RECREATION FACILITIES means:
Indoor or outdoor facilities for the purposes of passive recreational uses including but not limited
to tennis courts, swimming pools, hot tubs, sitting areas, playgrounds, play rooms, health clubs or
spas.
RECYCLING DEPOT means:
an establishment involved in the recycling primarily of post consumer refuse such as glass, paper,
cardboard and containers, with most activities carried out in a building but also including outdoor
processing and storage. A salvage yard is not a recycling depot.
23
RESIDENTIAL RENTAL TENURE means, in relation to a dwelling unit in a residential building:
a) a tenancy governed by a tenancy agreement that complies with the Residential Tenancy Act
or, in the event that the Act is repealed and not replaced, that contains the standard terms set
out in the Residential Tenancy Regulation B.C. Reg. 477/2003; or
b) a tenancy in which the landlord is the City of Fernie, the B.C. Housing Management
Commission, a non-profit society or association incorporated under the Societies Act or the
Cooperative Association Act whose objects include the provision of affordable rental housing,
or a partnership between any two or more such entities.
In either instance Residential Rental Tenure must be secured in perpetuity through a covenant on
title to the satisfaction of the City of Fernie.
RESORT ORIENTED RETAIL means:
a commercial use ancillary to the Golf Course.
RESOURCE EXTRACTION USE means:
the extraction of primary minerals and other resources and includes the preliminary grading,
working and crushing of such materials, but excludes all other processing or manufacturing.
REST HOME means:
a building where care or assistance is provided to persons who because of age, infirmity, or
physical or mental disability require personal care or assistance, including nursing homes,
convalescent homes and senior citizen homes.
RIDING STABLE means:
a facility for the boarding and rental of horses.
ROOF SIGN means:
any sign on, over or above any roof.
SALVAGE YARD means:
an open area where waste or scrap material, primarily metals, are stored, processed, exchanged or
sold.
24
SANITARY LANDFILL SITE means:
a site approved and regulated by the B.C. Waste Management Branch for the disposal of waste
material.
SCREENING means:
a fence or an evergreen hedge or combination thereof that obstructs certain views of the property
which it encloses and is broken only by access drives, lanes and walkways.
SEASONAL PRODUCE STANDS means:
a vehicle or structure with a gross floor area not exceeding 30 m2 (322.9 ft2) which is used part of
the year for the sale of horticultural and agricultural products to the public.
SECONDARY SUITE means:
an accessory dwelling unit that is located in and forms part of a principal dwelling unit.
SETBACK means:
the required minimum distance between a building, structure, watercourse, lake or use and each
of the respective parcel lines.
SERVICE COMMERCIAL means:
uses generally requiring a larger parcel of land for operation, good road access and may include
sales, manufacturing and storage businesses.
SERVICE STATION means:
any building or land, the use of which shall be the retail sale of motor fuels and lubricants and
may include automobile diagnostic centres, the servicing and minor repairing of motor vehicles,
the sale of automotive accessories; excludes all other sales and services, auto body shops, and
painting.
SHIPPING CONTAINER means:
a standardized container, typically constructed of steel, designed to facilitate the transport of
goods by one or more modes of transport without intermediate reloading (commonly referred to
as an intermodal shipping container, sea can or ISO container).
25
SHOPPING CENTRE means:
a group of retail stores in one or more buildings designed as an integral unit.
SHORT-TERM RENTAL means:
the rental of all or a portion of a Dwelling Unit for periods of less than 30 days for valuable
consideration in accordance with a valid and subsisting business licensed issued for that use in
that building, excluding Secondary Suites and Secondary Dwelling Units.
SIGN means:
any structure or device which is used or intended to be used to identify or advertise any object,
product, place, activity, person, institution, organization or business and which is placed so as to
be seen by the public.
SLEEPING UNIT means:
a room used for sleeping accommodation for one person.
SMALL-SCALE MULTI-UNIT HOUSING (SSMUH) means:
a range of Dwelling Unit configurations, not including Modular Homes, that can provide
affordable and attainable housing. Examples of small-scale multi-unit housing include, but are not
limited to combinations of:
-
single detached dwellings
-
secondary suites
-
detached accessory dwelling units
-
duplexes
-
triplexes
-
fourplexes
-
townhomes
26
SOLAR ENERGY COLLECTOR means:
a device or structure, part of a device or structure, or a combination of the foregoing that
transforms direct or indirect solar energy into thermal, chemical or electrical energy.
SPECIAL TOURISM DEVELOPMENTS means:
any establishment or clustering of establishments operated to provide services and
accommodation for the use of the travelling public engaged in tourism and recreational activities.
SPRAY PARK means:
a recreation area, for water play, that has spraying water apparatus and little or no standing water.
STACKED TOWNHOUSING means:
a residential building consisting of three or more dwelling units, attached in some manner which
have individual entrances to each dwelling.
STORAGE YARD means:
an area outside of an enclosed building where construction materials and equipment, solid fuels,
lumber and new building materials, monuments and stone products, public service and utility
equipment or other goods, materials, products, vehicles, equipment, or machinery are stored,
baled, piled, handled, sold or distributed. A storage yard shall not be constructed to include an
automobile wrecking yard, or a junk yard.
STOREY means:
that portion of a building which is between the top of any floor and the top of the floor next above
it, and if there is no floor above it, that portion between the top of such floor and ceiling above it.
STRUCTURE means:
any construction which is fixed to, supported by or sunk into land or water, excluding paving or
surfacing material such as asphalt or concrete.
TENT means:
a portable shelter of canvas or other materials supported by one or more poles which may be
extended by ropes fastened to pegs in the ground.
27
URBAN FRINGE means:
lands identified as having joint interest between two adjacent municipalities.
TOWNHOUSING means:
a residential building consisting of three or more dwelling units, attached side by side, which have
individual entrances to each dwelling unit.
TOURIST ACCOMMODATION means:
a building containing one or more accommodation units that provide accommodation primarily
for visitors based on a daily or weekly rental period. The building may include public area such as
a lobby, restaurant, assembly, entertainment and recreational facilities.
TRAILER, PARK MODEL means:
a vehicle constructed under CSA standard Z241. Park models are intended for seasonal use and
do not necessarily meet all requirements of the BC Building Code. Park Model is subject to 3rd
party inspection. CSA Standard Z241 is also a stand-alone building code covering all
construction requirements for Park Model Trailers. A park model trailer is not a Dwelling Unit.
VEHICLE means:
a mechanical device which is designed to transport people or things across the surface of land or
upon a highway, but excludes a device designed to be moved by human power or used
exclusively on stationary rails or tracks.
VEHICLE, DERELICT means:
any vehicle pursuant to the Motor Vehicle Act and amendments thereto which is inoperable
and/or not licensed for the current year. This does not include vehicles stored in buildings or farm
vehicles or other vehicles used only on the property for specific purposes.
VEHICLE, RECREATIONAL means:
a vehicle built to the CSA Z240 RV Series of Standard, or such other certification as may replace
or modify this standard as approved by the Standards Council of Canada primarily designed as
temporary living quarters for recreational, camping, or seasonal use which:
1. Has its own motive power or is mounted on or towed behind another vehicle; and
2. Does not require a special permission to operate or transport on highways; and
28
3. Can be easily transported and set up on a daily basis.
For the purposes of this bylaw a Recreational Vehicle is mutually exclusive from a Park Model
Trailer.
VEHICLE SPACE, RECREATIONAL means:
an area in a recreational vehicle park allotted for the parking of recreational vehicles or for the
placement of tents.
VERTICAL SIGN means:
a sign where the vertical dimension is greater than its maximum horizontal dimension.
VETERINARY CLINIC means:
a facility offering and designed for the care and treatment of animals under the supervision of a
Doctor of Veterinary Medicine.
WAREHOUSE SALES means:
a building or part thereof which is used for the retail sale of warehouse goods, wares and
merchandise.
WAREHOUSING means:
a building or part thereof which is used primarily for the housing, storage, adapting for sale,
package or wholesale distribution of goods, ware and merchandise.
WATERCOURSE means:
any natural or man-made depression with well defined banks and a bed 0.6 m (2.0 ft) or more
below the surrounding land, serving to give direction to a current of water at least; six months of
the year, or having a drainage area of 2 km- (494.2 acres) or more, or as designated by The
Minister responsible for the Environment, or his designated official.
WRECKING AND REPAIR OF VEHICLES means:
the disassembly of vehicles, derelict or otherwise, into component parts and the construction, care
and maintenance of ordinary or special status vehicles, other than in an enclosed building. This
definition does not include the repair and maintenance of vehicles regularly used by the family
residing on the parcel, nor does it include a commercial activity which is in compliance with the
definitions of home occupation.
29
YARD means:
the outdoor area of a parcel adjacent to a building or structure extending from an exterior wall of
the building or structure to a parcel line.
YARD, FRONT means:
a yard extending across the full width of the parcel from the front parcel line to the nearest
projection of a building or structure, measured at right angles to the front parcel line.
YARD, REAR means:
a yard extending across the full width of the parcel from the rear parcel line to the nearest
projection of a building or structure, measured at right angles to the rear parcel line.
YARD, SIDE means:
a yard extending from the front yard to the rear yard and lying between the side parcel line and
the nearest projection of a building or structure measured at right angles to the side parcel line.
YURT means:
a circular tent supported by a wood lattice structure on the sides, with an air circulation exit hole
on top and covered with a fabric exterior covering.
ZONE means:
an area of the municipality with specific land uses and regulations, as allowed under the
Municipal Act.
30
PART 3
GENERAL REGULATIONS
3.1
CONFORMITY OF USES, BUILDINGS AND STRUCTURES
No person shall permit any building, structure, or land to be used or occupied or any building
or structure or part thereof to be erected, moved, altered or enlarged unless in conformity with
this Bylaw or provisions of the "Municipal Act".
3.2
USE OF EXISTING PARCELS
Parcels existing at the time of the effective date of this Bylaw which do not conform to the
parcel area regulations of this Bylaw may be used for any of the permitted uses in the zones
where they are situated provided that all other regulations of this Bylaw are complied with.
3.3
PERMITTED USES IN ALL ZONES
In addition to those uses listed as permitted and accessory in a particular zone, the following
uses, building, and structures are permitted in all zones:
1. the use of a building, or part thereof, as a polling station for government elections,
referenda or census;
2. the temporary use of a building or part thereof as campaign headquarters for political
candidates;
3. telephone booths;
4. highway lighting fixtures;
5. highways and railroads;
6. street furniture;
7. mailboxes;
8. parks;
9. public utility uses; and
10. historical and archeological display sites.
3.4
PROHIBITED USES
If a use is not specifically listed in this bylaw, it is considered to be prohibited.
31
3.5
HOME OCCUPATION
A home occupation, where permitted by this Bylaw, shall be in compliance with the
following:
it shall be carried on only by residents of the dwelling unit;
1.
it shall be conducted entirely within the dwelling unit or an accessory building;
2.
it shall not involve the storage of materials outside the dwelling unit or accessory
building;
3.
a maximum of one home occupation related vehicle shall be permitted provided it is no
larger than one ton with a gross vehicle weight of 5300 kg. and a parking space
provided;
4.
it shall give no exterior indication of the home occupation except that one (1) sign not
exceeding 0.2 m² (2.2 sq. ft.) in area may be affixed to the dwelling unit or accessory
building which gives the name of the home occupation and the name of the license
holder;
5.
it shall provide off-street parking spaces for all vehicles associated with the dwelling
unit and the home occupation under the parking provisions of Part 7 of this Bylaw;
6.
shall not involve the retail sale of goods except those produced or assembled by the
home occupation.
7.
No home occupation shall be permitted unless there is a valid and subsisting business
license for such use.
3.6
ACCESSORY BUILDINGS AND STRUCTURES
1.
No person shall erect an accessory building or structure on any parcel unless the
principal building to which the accessory building is an incidental use has been erected
or will be erected simultaneously with the accessory building.
2.
Subsection (1) shall not apply to animal shelters, or other buildings or structures
accessory to an agricultural use.
3.
Where an accessory building or structure is attached to the principal building, it shall be
considered part of the principal building.
3.7
SITING OF BUILDINGS AND STRUCTURES
1.
The construction, reconstruction, alternation, moving or extension of buildings and
structures shall be in conformity with the regulations for siting of buildings and
structures specified in this Bylaw.
32
2.
Where the British Columbia Building Code requires greater setbacks than required in
this Bylaw, the requirements of the British Columbia Building Code shall apply.
3.
Accessory buildings or structures that are used for animal shelters shall be sited in
accordance with the following:
(a) Buildings or structures used to shelter or for the storage and handling of manure of
swine, fur-bearing animals, or for beef feedlot operations shall be sited no closer
than:
i)
60 m (196.9 ft.) from a parcel line;
ii)
30 m (98.4 ft.) from a domestic well, spring, or natural boundary of a lake or
watercourse.
(b) Buildings or structures used to shelter or for the storage and handling of manure or
compost of poultry, dairy cattle, or for mushroom farming shall be sited no closer
than:
i)
30 m (98.4 ft.) from a parcel line;
ii)
30 m (98.4 ft.) from a domestic well, spring, or natural boundary of a lake or
watercourse.
(c) All other animal shelters or buildings or structures used for the storage and
handling of manure of animals not enumerated in clauses (a) or (b), shall be sited
no closer than:
i)
7.5 m (24.6 ft.) from a parcel line;
ii)
30 m (98.4 ft.) from a domestic well, spring, or natural boundary of a lake or
watercourse.
4.
Subject to such building regulations as may be applicable, the following may project
into the required setback specified in the regulations of Part 4 of this Bylaw:
(a) Steps, provided that such projection shall not exceed 1.2 m (2.9 ft.) in cases other
than fire-proof escapes.
(b) Eaves and gutters, cornices, sills, bay windows, chimneys, or other similar features,
provided that such projections do not exceed 1.0 m (3.3 feet), or 0.6 m (2.0 feet) in
the case of a setback of less than 1.5 m (4.9 feet.).
(c) Open porches, marquees and canopies, provided that such projections do not
exceed 1.8 m (5.9 feet), nor 50% of the horizontal distance from the building to the
parcel line.
(d) Balconies and sundecks, provided that such projections do not exceed 1.3 m (4.3
feet) nor 50% of the horizontal distance from the building to the parcel line.
(e) A patio or terrace, which may be open or fenced, and which is covered only by a
temporary covering such as an awning.
(f) Arbors, trellises, fish ponds, ornaments, flag poles, vegetation and similar
landscape features.
(g) A roofed or covered swimming pool not exceeding 3.5 m (11.5 ft.) in height, or
33
uncovered swimming pool located in a side yard or rear yard within a separate
fenced enclosure fitted with a safety gate, not less than 3.0 m (9.8 feet) from a rear
or side parcel line.
(h) Free standing light poles, warning devices, antennae, satellite dishes, masts, utility
poles, wires, public utilities, flag poles, signs and sign structures, provided that the
location and design thereof is not prohibited under any Bylaw or regulation of the
City of Fernie.
(i) Underground structures, provided that the top surface of such structure shall at no
point extend above the average finished ground elevation, except for vent and fill
pipes for underground storage tanks.
(j) Apparatus needed for the operation of active and passive solar energy systems,
including but not limited to overhangs, movable insulating walls, shutters, roof,
detached solar energy collectors, reflectors and piping.
(k) Gasoline service pumps or pump islands in a front or side yard, provided that such
pumps shall be located not closer than 4.5 m (14.8 ft.) to any parcel boundary;
notwithstanding clause (c) hereof, canopies erected above such pumps or pump
islands may project into a front or side yard, provided that such canopy is located
not closer than 1.5 m (4.9 ft.) to a parcel line.
5.
Regulations in Part 4 of this Bylaw concerning siting of buildings and structures and
parcels abutting controlled access highways shall not apply where a frontage road serves
the parcel.
6.
Regulations concerning siting of buildings or structures in Part 4 of this Bylaw shall not
apply to fences.
7.
Siting regulations under this Bylaw do not apply to bare land strata lots except in
relation to the exterior perimeter parcel lines, and that;
(a) no person shall site a building or structure on a bare land strata lot less than 7.5
metres (24.6 ft) from an exterior perimeter parcel line; and
(b) no person shall site a building or structure on a bare land strata lot less than 1.5
metres (4.9 ft) from another building or structure.
34
FIGURE 3
3.8
VISIBILITY AT INTERSECTIONS
No person shall obstruct the visibility at any intersection on corner parcels by any means
within a triangular area bounded by the two parcel lines adjacent to the highway right-of-way
and a straight line joining each parcel line at a distance of 5.0 m (16.5 feet) from their point of
intersection as shown by the following diagram:
FIGURE 4
3.9
HEIGHT EXCEPTIONS OF BUILDINGS AND STRUCTURES
35
The height regulations of this Bylaw do not apply to church spires, belfries, domes,
monuments, fire and hose towers, clock towers, transmission towers, water tanks,
broadcasting and receiving antennae, chimneys, smoke stacks, ventilators, flagpoles, drive-in
theatre screens, stadium bleachers, lighting poles, silos, apartment elevator shafts, industrial
cranes, observation towers, solar energy collectors, and windmills (in R zones only).
3.10 SCREENING AND FENCING REQUIREMENTS
1.
Notwithstanding the height regulations in Part 4 of this Bylaw the following shall apply:
(a) No person shall locate screening or fencing higher than 1.0 m (3.3 ft) from ground
level in a front yard.
(b) No person shall locate screening or fencing higher than 2.0 m (6.6 ft.) from ground
level in a required side yard or rear yard.
(c) Barbed wire shall not be used as part of any screening in the rural residential zone.
(d) Barbed wire may be used as part of any screening only for reasons of security in
zones other than residential zones.
(e) No person shall locate screening (other than an open mesh or chain link type fence)
exceeding 2.0 m (6.6 feet) in height on, or parallel to, any parcel line in zones other
than residential zones.
(f) All outdoor storage in Commercial, Service Commercial and Industrial zones shall
be screened by a tight board fence or compact evergreen hedge or a combination
thereof of a uniform height not less than 2.0 m (6.6 ft.) in height on all sides not
facing directly onto buildings.
(g) All outdoor swimming pools shall have a perimeter fence not less than 2.0 m (6.6 ft.)
in height with locked gates.
2.
All screening shall comply with the requirements of Section 3.9 "Visibility at
Intersections", of this Bylaw.
3.11 PARCEL AREA REQUIREMENTS
PARCEL AREA
1.
No parcel shall be created unless it is of sufficient area to provide a site which may be
used for one of the uses permitted in the zone in which it is located, having due regard
for the provisions of this Bylaw concerning parcel area and yard regulations.
2.
Subject to subsection .3 of this Section, the parcel area requirements in Part 4 of this
Bylaw shall be the minimum area of parcels of land that may be created by subdivision
under the Land Title Act or the Condominium Act.
3.
The parcel area regulations in Part 4 of this bylaw shall not apply to:
36
i)
a community water system;
ii)
a community sewer system;
iii)
a community gas distribution system;
iv)
a community radio or television signal receiving antenna;
v)
a radio or television broadcasting antenna;
vi)
a telecommunication relay station;
vii)
an automatic telephone exchange;
viii) an air or marine navigation aid;
ix)
electrical substations or generating stations; and
x)
parks.
3.12 PANHANDLE PARCELS
1.
Where a parcel is a panhandle parcel capable of further subdivision, the access strip
shall be of adequate width to provide for a future highway.
2.
The access strip of a panhandle parcel shall not be calculated as part of the required
parcel area.
3.13 SHIPPING CONTAINERS
1. Where a Shipping Container is used as a component of a building that is
(a)
built in accordance with the BC Codes, as updated from time to time; and
(b)
designed and built under the professional design and review of a
registered professional as defined in the BC Building Code, as
updated from time to time; and
(c)
has received a valid building permit.
i) shall not be considered a Shipping Container and is instead a building or
portion
ii) of a building.
2.
Where a Shipping Container is modified and certified pursuant to CSA
A277, Procedure for certification of prefabricated buildings, it shall not be
considered a Shipping Container and is instead a Modular Home or
portion of a Modular Home.
3.
Despite 3.4, Shipping Containers are permitted in all zones under the
following circumstances:
(a) containers may be temporarily placed on construction sites for
storage incidental to an active construction project on that site,
37
provided that:
1.
a building permit has been issued for construction on the site
and the permit has not expired, and
2.
the shipping container is removed once construction is
completed, stopped or the building permit expires.
(b) A single container may be placed on a parcel for a period totaling no
more than 30 days, for the purpose of loading or unloading goods to
permanently relocate the residential or commercial use, provided
that the name of the moving enterprise is displayed on the container
and the enterprise holds a current municipal business license and a
current provincial commercial transport license.
(c) Containers may be temporarily placed on any parcel or on a highway
for use in conjunction with the construction or repair of public
infrastructure.
(d) Containers may be temporarily placed on any parcel or on a highway
for use associated with a municipally approved special event.
38
PART 4
ZONES
4.1
ESTABLISHMENT OF ZONES
For the purpose of this Bylaw, the area incorporated into the City of Fernie is hereby divided
into zones with the following designations and their short form equivalents.
4.2
ZONE DESIGNATION
SHORT FORM
RESIDENTIAL ZONES
4.2.1
Residential - Small Scale
R-SS
4.2.2
Medium Density Residential
R-3
4.2.3
Medium Density Residential - Riverside
R3-R
4.2.4
Multiple Family Residential (High Density)
R-4
4.2.5
Multi-Family Residential Rental
R-5R
4.2.6
Modular Home Residential
R-MH
4.2.7
Rural Residential
RR
COMMERCIAL ZONES
4.2.8
Retail Commercial
C-1
4.2.9
Neighborhood Commercial
C- 2
4.2.10
Highway Commercial
C-HWY
4.2.11
West Fernie Mixed Use Zone
C-WF
4.2.12
Service Commercial
CS-1
INDUSTRIAL ZONES
4.2.13
Light Industrial
M-1
4.2.14
Agricultural
A-1
PUBLIC ZONES
4.2.15
Public Institutional
P-1
4.2.16
Parks and Open Space
P-2
4.2.17
Private Parks
PP
COMPREHENSIVE DEVELOPMENT ZONES
4.2.18
Comprehensive Development One Zone
CD-1
4.2.19
Comprehensive Development Two Zone
CD-2
4.2.20
Comprehensive Development Three Zone
CD-3
4 2.21
Comprehensive Development Four Zone
CD-4
4 2.22
Comprehensive Development Five Zone
CD-5
39
4.3
OFFICIAL ZONING MAP
The locations of the zones established by this Bylaw are shown on the Official Zoning Map of
the City of Fernie which is Schedule "A" to this Bylaw.
4.4
ZONE BOUNDARIES
In the interpretation of the boundaries as shown on the Official Zoning Map, the following
rules shall apply:
(a)
where a zone boundary is shown as following a highway, creek, or river, the centre line
of such highway, creek or river shall be the zone boundary, unless referenced to parcel
lines, Municipal Boundaries, or shown otherwise;
(b)
where a boundary line does not follow a legally defined line and where distances are not
specifically indicated, the boundary shall be determined by scaling from Schedule "A".
40
RESIDENTIAL
41
GENERAL REGULATIONS FOR RESIDENTIAL ZONES
1. No person shall use or permit the use of any portion of a parcel in a residential zone for the
wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not
more than one derelict vehicle in other than the front yard.
2. All persons carrying out a use permitted in a residential zone shall comply with the relevant
provisions of parts 3, 4 and 5 of this Bylaw.
42
4.2.1
R-SS - RESIDENTIAL - SMALL-SCALE
1. Purpose
The purpose of the R-SS zone is to provide for a variety of housing types including low-density
and small-scale multi-unit housing options.
2. Permitted Uses
The following uses, and no other, are permitted in the R-SS zone.
1. Single Detached Dwelling, except Manufactured Home
2. Small-Scale Multi-Unit Housing, except Manufactured Home
3. uses permitted under Section 3.3 of this Bylaw.
3. Accessory Uses
1. home occupation;
2. buildings and structures accessory to a permitted use.
4. Regulations
1. On a parcel located in an area designated as R-SS, no building, or structure shall be
constructed, located, or altered and no plan of subdivision approved which contravenes the
regulations set out below in which Column 1 sets out the matter to be regulated and
Columns 2 and 3 set out the regulations.
MATTER TO BE REGULATED
REGULATION
Parcels Less Than 280 sq.
m.
Parcels Greater Than
or Equal to 280 sq. m.
Minimum Parcel Area
250 m2
280m2
Minimum Parcel Frontage
All Parcels, Except in the Bulb of a Cul-
de-Sac
9.14 m.
9.14 m.
Parcels in the Bulb of a Cul-de-Sac
6.1 m.
6.1 m.
Maximum Density
3 Dwelling Units per Parcel
4 Dwelling Units per
Parcel
Maximum Parcel Coverage
1 Dwelling Unit
35%
35%
2 Dwelling Units
40%
40%
3 Dwelling Units
50%
45%
4 Dwelling Units
N/A
50%
43
Maximum Building Height
Dwelling Unit(s) (for a building or portion
thereof that is greater than 6.0 m. from the
rear property line)
10.0 m.
10.0 m.
Dwelling Unit(s) (for a building or portion
thereof that is within 6.0 m. of the rear
property line)
8.0 m.
8.0 m.
Accessory Building (non-Dwelling Unit)
5.0 m.
5.0 m.
Minimum Setbacks
Front Yard - One Dwelling Unit on a
Parcel
3.0 m.
6.0 m.
Front Yard - Two or more Dwelling Units
on a Parcel
3.0 m.
3.0 m.
Rear Yard
1.5 m.
1.5 m.
Side Yard
1.5 m.
1.5 m.
5. Special Regulations
1. All dwelling units in the RSS zone must provide year-round unimpeded emergency
access from the front yard, or in the case of a corner parcel, the front or side yard.
Fences and gates shall not be constructed in a manner that may impede this
emergency access.
2. Where a driveway is utilized for off-street parking, the length of that driveway shall
be a minimum of 5.8 metres measured from the property line perpendicular to the
driveway.
3. Setbacks along the common wall(s) of Small-Scale Multi-Unit housing developments
shall be 0.0 metres.
4. Section 3.7.7(a) pertaining to the exterior perimeter parcel line setbacks for a bare
land strata developments shall not apply in the RSS zone.
5. The Maximum Parcel Coverage regulation may be exceeded by an additional 5% to
allow for the inclusion of accessory buildings and structures.
44
4.2.2
MEDIUM DENSITY RESIDENTIAL
______________________________________________________________________________________
1. Purpose
The purpose of the R3 Zone is to provide for the development of a variety of medium density
attached dwelling forms including triplexes, fourplexes and row/town housing dwelling units.
2. Permitted Uses
The following uses, and no other, are permitted in the R3 Zone:
1. multi family dwellings;
2. uses permitted under Section 3.3 of this Bylaw.
3. Accessory Uses
1. home occupation;
2. other uses, buildings and structures accessory to a permitted use.
4. Regulations
1. On a parcel located in an area designated as R3, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes the
regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Usable Site area for each dwelling unit
230 sq. m (2,476 sq. ft.)
2. Minimum Frontage
20 m (65.6 ft.)
- Except in the bulb of a cul-de-sac
12 m (39.4 ft.)
3. Minimum Setback
a) Principal Building
- front yard
7.5 m (24.6 ft.)
- rear yard
6 m (19.7 ft.)
- side yard
1.5 m (4.9 ft.) nor less than 10% of the length of the
front parcel line
- side yard adjacent to a highway right-of-way
other than a lane
4.5 m (14.8 ft.)
b) Accessory Building
- front yard
7.5 m (24.6 ft.)
- rear yard
1.5 m (4.9 ft.) nor less than 10% of the length of the
front parcel line
45
- rear yard adjacent to a highway right-of-way
other than a lane
4.5 m (14.8 ft.)
- side yard
1.5 m (4.9 ft.) nor less than !0% of the length of the
front parcel line
- side yard adjacent to a highway right-of-way
other than a lane
4.5 m (14.8 ft.)
c) All structures
22 m (72.2 ft.) from the centre line of Hwy 3
4. Maximum Parcel Coverage
45%
5. Maximum Density
40 units per gross hectare (16 units per gross acre)
6. Maximum Building Height
- Principal Building
10.0 m (32.8 ft.)
- Accessory Buildings
5.0 m (16.4 ft.)
7. Minimum Amenity Space per dwelling unit
4.5 sq. m (48 sq. ft.) in either a balcony, terrace or
patio
8. Parking
See Part 5
5. Special Regulations
1. Decks and balconies may encroach into the rear and front yards, and on corner lots, into the
side yard, providing that they do not interfere with pedestrian traffic on a sidewalk and do
not block sight distance for traffic turning movements.
46
4.2.3
MEDIUM DENSITY RESIDENTIAL - RIVERSIDE
______________________________________________________________________________________
1. Purpose
The purpose of this zone is to provide for the development of a variety of medium density
attached dwelling forms with the opportunity to operate accommodation units within condo
hotels.
2. Permitted Uses
The following uses, and no other, are permitted in the R3 Zone:
1. multi family dwellings;
2. Condo Hotel;
3. uses permitted under Section 3.3 of this Bylaw.
3. Accessory Uses
1. home occupation;
2. other uses, buildings and structures accessory to a permitted use.
4. Regulations
1. On a parcel located in an area designated as R3, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes the
regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Usable Site area for each dwelling unit
230 sq. m (2,476 sq. ft.)
2. Minimum Frontage
20 m (65.6 ft.)
- Except in the bulb of a cul-de-sac
12 m (39.4 ft.)
47
3. Minimum Setback
a) Principal Building
- front yard
7.5 m (24.6 ft.)
- rear yard
6 m (19.7 ft.)
- side yard
1.5 m (4.9 ft.) nor less than 10% of the length of the
front parcel line
- side yard adjacent to a highway right-of-way
other than a lane
4.5 m (14.8 ft.)
b) Accessory Building
- front yard
7.5 m (24.6 ft.)
- rear yard
1.5 m (4.9 ft.) nor less than 10% of the length of
the front parcel line
- rear yard adjacent to a highway right-of-way
other than a lane
4.5 m (14.8 ft.)
- side yard
1.5 m (4.9 ft.) nor less than !0% of the length of the
front parcel line
- side yard adjacent to a highway right-of-way
other than a lane
4.5 m (14.8 ft.)
c) All structures
22 m (72.2 ft.) from the centre line of Hwy 3
4. Maximum Parcel Coverage
45%
5. Maximum Density
40 units per gross hectare (16 units per gross acre)
6. Maximum Building Height
- Principal Building
10.0 m (32.8 ft.)
- Accessory Buildings
5.0 m (16.4 ft.)
7. Minimum Amenity Space per dwelling unit
4.5 sq. m (48 sq. ft.) in either a balcony, terrace or
patio
8. Parking
See Part 5
5. Special Regulations
1. Decks and balconies may encroach into the rear and front yards, and on corner lots, into the
side yard, providing that they do not interfere with pedestrian traffic on a sidewalk and do
not block sight distance for traffic turning movements.
48
4.2.4
MULTIPLE FAMILY RESIDENTIAL (HIGH DENSITY)
1. Purpose
The purpose of the R4 zone is to provide for higher density, larger structures in the form of
apartments and stacked townhouse dwelling units.
2. Permitted Uses
The following uses, and no other, are permitted in the R4 zone:
1. multi family dwellings;
2. rest homes;
3. uses permitted under section 3.3 of this Bylaw;
3. Accessory Uses
1. home occupation;
2. other uses, buildings and structures accessory to a permitted use.
4. Regulations
1. On a parcel located in an area designated as R4, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes the
regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
1,115 sq. m (12,000 sq. ft.)
2. Minimum Frontage
20 m (65.6 ft.)
3. Minimum Setback
a) Principal Building
- front yard
7.5 m (24.6 ft.)
- rear yard
9 m (29.5 ft.)
- side yard
4.5 m (14.8 ft.)
49
b) Accessory Building
- front yard
7.5 m (24.6 ft.)
- rear yard
2.1 m (6.9 ft.)
- rear yard adjacent to a highway right-of-way
other than a lane
4.5 m (14.8 ft.)
- side yard
2.0 m (6.6 ft.)
- side yard where adjacent to a highway right-
of-way other than a lane
4.5 m (14.8 ft.)
c) All structures
22 m (72.2 ft.) from the centre line of Hwy 3
4. Maximum Parcel Coverage
40%
5. Maximum Density
74 dwelling units per gross hectare (30 dwelling
units per gross acre)
6. Maximum Building Height
- Principal Building
12 m (39.4 ft.)
- Accessory Building
5 m (16.4 ft.)
7. Minimum Amenity Space per dwelling unit
4.5 sq. m (48 sq. ft.) in either a balcony, terrace or
patio
8. Parking
See Part 5
5. Special Regulations
1. In buildings containing more than 10 dwelling units, indoor amenity space in the amount of
not less than 1.4 sq. meters (15 sq. ft.) per dwelling unit shall be provided.
2. All development and redevelopment shall be guided by the regulations of the multi-family
development permit area and a development permit shall be required.
3. Decks and balconies may encroach into the rear and front yards, and on corner lots, into the
side yard, providing that they do not interfere with pedestrian traffic on a sidewalk and do
not block sight distance for traffic turning movements.
50
4.2.5
MULTI-FAMILY RESIDENTIAL RENTAL
1. Purpose
The purpose of this zone is to provide for high density residential rental
2. Permitted Uses
The following uses, and no other, are permitted in the R5-R zone:
1. Residential rental tenure in multi-family dwellings
3. Accessory Uses
1. home occupation;
2. other uses, buildings and structures accessory to a permitted use.
4. Regulations
1. On a parcel located in an area designated as R5-4, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes the
regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
1,115 sq. m (12,000 sq. ft.)
2. Minimum Frontage
20 m (65.6 ft.)
3. Minimum Setback
a) Principal Building
- front yard
6.0m (19.7 ft.)
- rear yard
7.5 m (24.6 ft.)
- side yard
The greater of 1.5 m (4.9 ft.) or 1m (3.3ft) for each
storey of the building requiring the setback
51
b) Accessory Building
- front yard
6.0 m (19.7 ft.)
- rear yard
2.0 m (6.6 ft.) or 4.5m (14.8ft) where adjacent to a
highway other than a lane
- rear yard adjacent to a highway right-of-way
other than a lane
4.5 m (14.8 ft.)
- side yard
2.0 m (6.6 ft.) or 4.5m (14.8ft) where adjacent to a
highway other than a lane
c) All structures
22 m (72.2 ft.) from the centre line of Hwy 3
4. Maximum Parcel Coverage
45%
5. Maximum Density
-
Maximum Density
-
Minimum Density
124 dwelling units per gross hectare (50 dwelling
units per gross acre)
41 dwelling units per gross hectare (17 dwelling
units per gross acre)
6. Maximum Building Height
-
Principal Building(s)
14.5 m (47.6 ft.)
-
Accessory Building(s)
5 m (16.4 ft.)
7. Minimum Amenity Space per dwelling unit
4.5 sq. m (48 sq. ft.) in either a balcony, terrace or
patio
8. Parking
See Part 5
5. Special Regulations
1. In buildings containing more than 10 dwelling units, indoor amenity space in the amount of
not less than 1.4 sq. meters (15 sq. ft.) per dwelling unit shall be provided.
2. Non-rental housing may not exceed 1/3 of units built per gross project development.
52
4.2.6
MODULAR HOME RESIDENTIAL
1.
Purpose
The purpose of the R-MH zone is to provide for the development of Modular Home
subdivisions and rental parks where a variety of manufactured or modular homes are
accommodated on individual lots with or without permanent foundations with skirting and
individual service connections.
2.
Permitted Uses
The following uses, and no other, are permitted in the R-MH zone:
1.
Modular or Manufactured Homes;
2.
Common storage area;
3.
recreation areas;
4.
identification signs;
5.
utility service buildings;
6.
uses permitted under Section 3.3 of this Bylaw.
3.
Accessory Uses
1.
home occupation;
2.
other uses, buildings and structures accessory to a permitted use.
4.
Regulations
1. On a parcel located in an area designated as R-MH, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes
the regulations set out below in Column 1, which sets out the matter to be regulated and
Column 2 which sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Development Area
- Modular Home park
2 ha (4.99 ac)
- Modular or Manufactured Home subdivision
2 ha (4.99 ac)
2. Minimum Dwelling Unit Size
- Modular Home
78.03 sq. m (840 sq. ft.)
53
3. Minimum Lot Size
- park site
- frontage
8.6 m (28.2 ft.)
- depth
26.5 m (87 ft.)
- subdivided parcel
- frontage
9.0 m (29.52 ft.)
- depth
37 m (122 ft.)
4. Minimum Setback
- Modular Home located on a park site
- from boundary of park
7.6 m (24.9 ft.)
- from internal roadway
1.8 m (5.9 ft.)
- from rear or side Manufactured Home site
1.5 m (4.9 ft.)
- Accessory Building
May be located no closer than 1 m (3.3 ft.) from the
lot lines
- Modular or Manufactured Homes on a
freehold lot
- front yard
6 m (19.68 ft.)
- side yard and rear yard
1.5 m (4.9 ft.) nor less than 4.5 m (14.85 ft.) where
adjacent to a highway right-of-way other than a lane
- Accessory Buildings
- front yard
6 m (19.7 ft.)
- rear yard
1.5 m (4.9 ft.)
- rear yard where adjacent to a highway
right-of-way other than a lane
4.5 m (14.8 ft.)
- side yard
- side yard where adjacent to a highway
right-of-way other than a lane
1.5 m (4.9 ft.) nor less than 10% of the length of the
front parcel line
4.5 m (14.8 ft.)
- All Structures
Not less than 22m (72.2 ft.) from a parcel line
abutting Highway 3
5. Maximum Building Height
7.6 m (24.9 ft.)
6. Maximum Density
- Modular Home parks
30 units per gross ha (12 per gross acre)
- Modular Home subdivision
4 units per lot
7. Parking
See Part 5
54
5.
Special Regulations
1. The establishment, extension, designs, servicing and facilities of Modular Home parks shall
comply with the requirements of the City of Fernie Manufactured Home Parks Bylaw No.
1125, 1977 and amendments.
2. Modular Home subdivisions will meet all of the requirements, as well as requiring all
internal roads to meet City standards.
3. No person shall use or permit the use of any portion of a parcel or Manufactured Home
space in the R-MH zone for the wrecking and repair of vehicles or for the storage of
derelict vehicles except in a common storage area designated for that purpose.
55
4.2.7
RURAL RESIDENTIAL
1.
Purpose
The purpose of the RR zone is to allow for single detached dwellings to be located on large
parcels of land, on the periphery of the developed portion of the City, sited in a manner that
future re-subdivision, infill and increased density will be feasible in the future. On site
servicing may be feasible on a temporary basis.
2.
Permitted Uses
The following uses, and no other, are permitted in the RR zone:
1.
single detached dwelling and Modular Home;
2.
keeping of small farm animals;
3.
kennels, subject to subsection (2)(c), on the following chart;
4.
public buildings;
5.
forestry and related uses;
6.
extensive recreational uses;
7.
uses permitted under Section 3.3 of this Bylaw;
8.
on parcels of less than .403hectares in area not more than two (2) BEEHIVES;
9.
on parcels of .403 hectares in area not more than six (6) BEEHIVES;
10.
on parcels greater than .403 hectares in area not more than twenty (20) BEEHIVES per
hectare.
3.
Accessory Uses
1.
home occupation;
2.
uses, buildings and structures accessory to a permitted use;
3.
secondary dwelling unit.
4.
Regulations
1.
On a parcel located in an area designated RR, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes
the regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
56
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
.403 ha (1 acre)
2. Minimum Setback
a) Principal Building
- front yard
7.5 m (24.6 ft.)
- rear yard
7.5 m (24.6 ft.)
- side yard
3.0 m (9.8 ft.)
b) Accessory Building
- front yard
7.5 m (24.6 ft.)
- rear yard
7.5 m (24.6 ft.)
- side yard
3.0 m (9.8 ft.)
c) Kennel building, structure or enclosed run -
all property lines
62 m (66 ft.)
d) All Buildings or structures
22 m (72.2 ft.) form the centre line of Hwy 3
3. Maximum Parcel Coverage
10%
4. Maximum Density
Four (4) dwelling units per parcel
5. Maximum Building Height
- Principal Building
10.0 m (32.8 ft.)
- Accessory Building
7.5 m (24.6 ft.)
6. Maximum Number of Animal Units
0.5 per acre
7. Parking
See Part 5
57
COMMERCIAL
58
GENERAL REGULATIONS FOR COMMERCIAL ZONES
1.
All persons carrying out a use permitted in a commercial zone shall comply with the relevant
provisions of parts 3, 4, 5, and 6 of this Bylaw.
2.
A Development Permit is required for the development or re-development of buildings and signs
within the Downtown Revitalization Development Permit Area, Highway Commercial and Ghost
Rider development permit area boundaries. All development in these areas shall conform to the
City of Fernie Building Facade Design Guidelines and the Ghostrider Design Guidelines as found
in the City of Fernie Official Community Plan.
3.
No person shall use or permit the use of any portion of a parcel in a commercial zone for the
wrecking and repair of vehicles nor for the storage of derelict vehicles.
59
4.2.8
RETAIL COMMERCIAL
1.
Purpose
The purpose of the C1 zone is to provide for pedestrian oriented retail commercial uses
located in the downtown. The zone is also called Central Business Commercial.
2.
Permitted Uses
The following uses, and no other, are permitted in the C1 zone:
1.
retail bakeries;
2.
banks, financial institutions and insurance companies;
3.
barber shops and beauty parlors;
4.
business and professional offices;
5.
brewery;
6.
condo hotel;
7.
independent school above the street level storey of a building;
8.
drug stores;
9.
dry cleaning and laundry establishments, including coin operated laundries;
10.
grocery stores and supermarkets;
11.
post offices;
12.
retail stores including minor service and repair work;
13.
eating and drinking establishments, other than drive-in restaurants;
14.
catalogue sales offices;
15.
travel agencies;
16.
billiard halls, bowling alleys, amusement arcades and dance halls;
17.
cabarets, bars, night clubs and neighborhood pubs;
18.
theatres and cinemas;
19.
studios for art, music, dancing, theatrical work or television, with or without retail sales;
20.
business, professional, labour, political, civic and fraternal membership organizations;
21.
hotels;
22.
medical and dental offices, clinics and laboratories;
23.
newspaper publishing and commercial printers;
24.
tourist information booths;
25.
public buildings;
26.
commercial schools;
27.
personal services;
28.
cultural establishments;
29.
parking areas;
30.
child care services;
31.
dwelling units, subject to subsections .5 (.1) and (2.);
32.
uses permitted under Section 3.3 of this Bylaw;
33.
in addition to the permitted uses herein, on Lot 4 and Lot 5, Block 13, District Lot 4588,
Kootenay District, Plan 734 only, Distillery.
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3.
Accessory Uses
1.
Uses, buildings and structures accessory to a permitted use,
2.
Home Occupation.
4.
Regulations
1.
On a parcel located in an area designated C1, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes
the regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
230 sq. m (2,475 sq. ft.)
2. Minimum Parcel Frontage
7.5 m (24.6 ft.)
3. Minimum Setback
- front and side yards
None shall be required except as noted below
- rear yards
3.5 m (12 ft.)
- where a parcel abuts a parcel in a Residential,
Rural Residential, P1 or P zone, no person
shall site a building or structure which has a
rear yard less than
6 m (19.7 ft.)
4. Minimum Gross Floor Area
- dwelling unit
56 sq. m (603 sq. ft.)
5. Maximum Building Height
- Principal building
18 m (59.1 ft.)
- Accessory Building or Structure
5 m (16.4 ft.)
6. Parking
See Section 5
7. Signs
See Part 7 and City of Fernie Building Façade
Design Guidelines
5.
Special Regulations
1.
Dwelling units in the C1 zone shall be located above the first storey of a building or
attached behind in a single storey structure.
2.
Dwelling units shall have separate entrance, separate from that of any commercial use.
3.
All persons carrying out a use permitted in the C1 zone shall comply with relevant
provisions of Section 3.11 of this Bylaw with respect to screening or outdoor storage.
4.
All persons carrying out a use within the boundaries of the Downtown Revitalization
Development Permit area of a C-1 zone shall comply with the appropriate City of Fernie
Building Facade Design Guidelines which regulate building and signing form and
character. A development permit is required.
61
4.2.9
NEIGHBOURHOOD COMMERCIAL
1.
Purpose
The purpose of the C2 zone is to provide for a limited range and scale of retail convenience
stores providing essential household goods and service to the immediate neighborhood.
2.
Permitted Uses
The following uses, and no other, are permitted in the C2 zone:
1.
brewery
2.
convenience stores;
3.
dry cleaning and laundry establishments, including coin-operated laundries;
4.
post offices;
5.
barber shops and beauty parlors;
6.
eating establishments, excluding drive-ins;
7.
video tape, video camera and VCR rental stores.
8.
child care services;
9.
gas bar;
10.
uses permitted under Section 3.3 of this Bylaw;
11.
car wash (excluding exterior wash bays).
3.
Accessory Uses
1.
dwelling units, subject to subsection 5.1;
2.
uses, buildings and structures accessory to a permitted use,
3.
car wash.
4.
Home Occupation
4.
Regulations
1.
On a parcel located in an area designated C2, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes
the regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
- all uses with the exception of gas bars
460 sq. ft. (4,952 sq. ft.)
- gas bars
1100 sq. m (11,840 sq. ft)
2. Minimum Parcel Frontage
15 m (49.21 ft.)
62
3. Minimum Setback
a) Principal Building
- front yard
7.5 m (24.6 ft.)
- rear yard
6.0 m (19.7 ft.)
- side yard
5.0 m (16.4 ft.)
- side yard where adjacent to a highway right-
of-way other than a land
7.5 m (24.6 ft.)
b) Accessory Building or Structure
- front yard
7.5 (24.6 ft.)
- rear yard
1.5 m (4.9 ft.)
- side yard
1.5 m (4.9 ft.)
- side yard where adjacent to a highway right-
of-way other than a lane
4.5 m (14.8 ft.)
c) All structures
22 m (72.2 ft.) from the centre line of Hwy 3
4. Maximum Parcel Area
925 sq. m (9,957 sq. ft.) excepting gas bars
5. Maximum Parcel Coverage
40%
6. Maximum Density
One principal building per parcel
7. Maximum Building Height
- principal building
7.5 m (24.6 ft.)
- accessory building or structures
4.5 m (14.8 ft.)
8. Parking
See Part 5
9. Signs
See Part 6
5.
Special Regulations
1.
Dwelling units in the C2 zone shall be located above the first storey of a building, or
attached behind in a single storey structure.
2.
All persons carrying out a use permitted in the C2 zone shall comply with relevant
provisions of Section 3.11 of this bylaw with respect to screening of outdoor storage.
3.
The maximum wash bay access height shall be 4.2 m (14 ft.)
63
4.2.10 HIGHWAY COMMERCIAL
1.
Purpose
The purpose of the C-Hwy zone is to provide for a limited range of commercial uses
providing goods and services for the travelling public and vehicle related businesses.
2.
Permitted Uses
The following uses, and no other, are permitted in the C-HWY zone:
1.
amusement arcades;
2.
automotive parts and accessories stores;
3.
billiard halls, bowling alleys and curling rink;
4.
cabarets, bars, night clubs and neighborhood pubs;
5.
campgrounds;
6.
condo hotel;
7.
dwelling units subject to subsection 5(3);
8.
garden centers;
9.
gasoline service stations, car washes and motor vehicle repair shops;
10. grocery stores and supermarkets;
11. gymnasiums, athletic and recreational facilities, both private and public, including
reducing salons, masseurs, steam baths, health spas and similar establishments;
12. hotels and motels;
13. laundries, including coin-operated laundries and dry cleaners, professional services (i.e.
engineers, architects, technologists and trade contractor office/showroom only);
14. medical and dental offices, clinics and laboratories;
15. public buildings;
16. rental equipment;
17. restaurants, including drive-in restaurants;
18. sales and service, rental and repair of automobiles, trucks, boats, recreational vehicles,
motorcycles and snowmobiles and other equipment;
19. sporting or recreational goods and clothing, bicycle sales and service;
20. theatres and cinemas;
21. tour operators;
22. tourist information booths;
23. trailer drop-off sites;
24. veterinary clinics;
25. warehouse sales;
26. financial institutions with drive through banking services, including automatic teller
machines;
27. uses permitted under Section 3.3 of this Bylaw;
28. in addition to the permitted uses herein, on Lot 12, District Lot 4136 KD Plan 12864, 26
Manitou Road only, a micro-brewery with tourism amenity facilities;
29. barber shops and beauty parlors;
30. single detached dwellings, excepting as set out in 4.2.10.5.5, in compliance with the
regulations set out in 4.2.10.4.2, on the following parcels only:
64
The North ½ of Lot 3, Block 65, District Lot 4588, Kootenay District, Plan 734;
Lot 1, Block 57, District Lot 4588, Kootenay District, Plan 734A;
Lot 3, Block 57, District Lot 4588, Kootenay District, Plan 734A;
Lot 2, Block 61, District Lot 4588, Kootenay District, Plan 734A;
Lot 3, Block 61, District Lot 4588, Kootenay District, Plan 734A;
Lot 4, Block 61, District Lot 4588, Kootenay District, Plan 734A;
Lot 6, Block 75, District Lot 4588, Kootenay District, Plan 734A;
Lot 8, Block 75, District Lot 4588, Kootenay District, Plan 734A;
Lot 1, Block 80, District Lot 4588, Kootenay District, Plan 734A;
Lot 2, Block 80, District Lot 4588, Kootenay District, Plan 734A;
Lot 3, Block 80, District Lot 4588, Kootenay District, Plan 734A;
Lot 7, Block 80, District Lot 4588, Kootenay District, Plan 734A;
Lot 8, Block 80, District Lot 4588, Kootenay District, Plan 734A;
Lot 9, Block 80, District Lot 4588, Kootenay District, Plan 734A;
Lot 1, Block 107, District Lot 4588, Kootenay District, Plan 902;
Lot 3, Block 107, District Lot 4588, Kootenay District, Plan 902;
Lot 5, Block 107, District Lot 4588, Kootenay District, Plan 902;
Lot 1, Block 116, District Lot 4588, Kootenay District, Plan 902;
Lot 9, Block 125, District Lot 4588, Kootenay District, Plan 902;
Lot 10, Block 125, District Lot 4588, Kootenay District, Plan 902;
Lot B, District Lot 4588, Kootenay District, Plan 12642; and
Lot B, District Lot 4588, Kootenay District Plan 14694.
31. sale and display of up to three modular or Modular Homes or combination thereof;
32. in addition to the permitted uses herein, on Lot 1, District Lot 4588, Kootenay District,
Plan NEP68219 only, Distillery.
3.
Accessory Uses
1.
Uses buildings and structures accessory to a permitted use.
2.
Insurance services and sales, accessory to a financial institution with drive through
banking services, including automatic teller machines.
3.
Home Occupation.
4.
Regulations
1. On a parcel located in an area designated C-HWY, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes the
regulations set out below in which Column 1 sets out the matter to be regulated and Column
2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
460 sq. m (4,951 sq. ft.)
2. Minimum Parcel Frontage
15 m (49.21 ft.)
65
3. Minimum Setback
a) Building or Structure
- front yard
7.5 m (24.6 ft.)
- side yard on one side only, where the parcel
is not served by a lane
4.5 m (14.8 ft.)
- rear yard
1.5 m (4.9 ft.)
- side yard where adjacent to a highway right-
of-way other than a lane
4.5 m (14.8 ft.)
b) Gasoline Pump Island
4.5 m (14.8 ft.)
- canopy over a gasoline pump island
1.5 m (4.9 ft.)
c) All Buildings or Structures
22 m (72.2 ft.) from the centre line of Hwy 3
4. Maximum Building Height
18 m (59.1 ft.)
5. Parking
See part 5
2.
On parcels specified in 4.2.10.2.30, no building or structure shall be constructed,
located, or altered and no plan of subdivision approved which contravenes the
regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations:
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
500 sq. m. (5,382 sq. ft.)
2. Minimum Parcel Frontage
-
all parcels
15 m (49.21 ft.)
3. Minimum Setback
a) Principal Building
-
front yard
3.0 m (9.84 ft.)
-
rear yard
6 m (19.7 ft.)
-
side yard
The greater of 1.5 m (4.9 ft.) or 10% of the length of
the front parcel line
-
side yard adjacent to a highway right-of-
way other than a lane
b) Carport or Garage attached to Principal
Building
-
front yard
4.5 m (14.8 ft.)
5.8 m (19.03 ft.)
c) Accessory Building
-
front yard
7.5 m (24.6 ft.)
-
rear yard
1.5 m (4.9 ft.)
66
-
rear yard where adjacent to a highway right-
of-way other than a lane
4.5 m (14.8 ft.)
-
side yard
The greater of 1.5 m (4.9 ft.) or 10% of the length of
the front parcel line
-
side yard where adjacent to a highway right-
of-way other than a lane
4.5 m (14.8 ft.)
d) All structures
22 m (72.2 ft.) from the centre line of Hwy 3
4. Maximum Parcel Coverage
-
all structures
35%
5. Maximum Density
One (1) principal building per parcel
6. Maximum Building Height
-
Principal Building
7.5 m (24.6 ft)
-
Accessory Building
5.0 m (16.4 ft.)
7. Minimum Building Width
-
Single detached dwelling
5.5 m (18.0 ft.)
8. Parking
See Part 5
5.
Special Regulations
1.
With the exception of the parcels specified in 4.2.10.2.30, all persons carrying out a use
within the boundaries of the Highway Commercial Development Permit Area shall
conform to the City of Fernie Official Community Plan Building Design Guidelines
which regulate building form and character. A development permit is required.
2.
All persons carrying out a use permitted in the C-Hwy zone shall comply with relevant
provisions of Section 3.11 of this Bylaw with respect to screening of outdoor storage.
3.
Excepting parcels specified in 4.2.10.2.30, where dwelling units are proposed, they
shall:
i)
be designed and constructed as an integral part of the principal building;
ii)
be self-contained;
iii) have a separate entrance provided from outside the building, separate from that of
any commercial use;
iv) be located above the first storey of the building or behind the commercial
component of the building, with the exception of motels and hotels, where the
residential units may be on the main floor.
4.
Manufactured Homes, Modular Homes or secondary suites shall not be permitted on the
parcels identified in 4.2.10.2.30.
5.
No building or structure shall be constructed, located or altered, nor plan of subdivision
67
approved, on the parcels identified in 4.2.10.2.30 except in compliance with the
regulations set out in 4.2.10.4.2.
6.
No Building, Structure, or Park Model RV shall be permitted to be located within 4.5m
of the edge of the Hwy 3 right of way boundary.
68
4.2.11 WEST FERNIE MIXED USE ZONE
1.
Purpose
The purpose of the C-WF zone is to provide for a limited range of commercial and residential
uses.
2.
Permitted Uses
The following uses, and no other, are permitted in the C-WF zone:
1.
athletic and recreational facilities
2.
condo hotel
3.
car washes
4.
dwelling units subject to subsection 5.(3.);
5.
gasoline service stations;
6.
grocery stores
7.
hotel
8.
laundries and dry cleaners
9.
medical clinics and laboratories
10.
motels
11.
Office
12.
Personal Service Businesses
13.
Public uses and buildings
14.
restaurants
15.
retail
16.
tour operators
17.
tourist information booths
18.
veterinary clinics
19.
uses permitted under Section 3.3 of this Bylaw
3.
Accessory Uses
1.
Uses, buildings and structures accessory to a permitted use.
2.
Home Occupation
4.
Regulations
1.
On a parcel located in an area designated C-WF zone, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes
the regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
69
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
1100m2 (0.27ac)
2. Minimum Parcel Frontage
15 m (49.21 ft.)
3. Minimum Setback
a) Building or Structure
- Highway 3
4.5m (14.8')
- Front Yard where the front yard is not
Highway 3
- Side yard
6m (19.7')
1.5m (4.9')
- side yard where adjacent to a highway or
residentially zoned parcel
- Rear Yard
4.5m (14.8')
4.5m (14.8')
4. Maximum Building Height
12 m (39.4')
5. Parking
See part 5
5.
Special Regulations
1.
All persons carrying out a use within the boundaries of the Highway Corridor
Development Permit Area shall conform to the City of Fernie Official Community Plan
Building Design Guidelines which regulate building form and character. A development
permit is required.
2.
All persons carrying out a use permitted in the C-WF zone shall comply with relevant
provisions of Section 3.11 of this Bylaw with respect to screening of outdoor storage.
3.
Where dwelling units are proposed, they shall:
i)
be designed and constructed as an integral part of the principal building;
ii)
be self-contained;
iii) have a separate entrance provided from outside the building, separate from that of
any commercial use;
iv) be located above the first storey of the building.
4.
No vehicular access is permitted directly from Highway 3.
70
4.2.12 SERVICE COMMERCIAL
1.
Purpose
The purpose of the CS-1 zone is to provide an area for commercial uses requiring larger
parcels of land to locate and provide a broader scale and scope of uses including sales,
manufacturing and storage.
2.
Permitted Uses
The following uses, and no other, are permitted in the CS-1 zone:
1.
auction services; vehicle and recreation vehicle sales and service;
2.
building supply and lawn and garden shops;
3.
bottle collection and recycling depots;
4.
cabinet making, door and window manufacturing shops;
5.
clothing manufacturing industry;
6.
construction industries including building, developing and general contracting
industries, and trade contracting industries;
7.
forest service industries;
8.
funeral homes and crematoria;
9.
machinery and equipment rental and repair;
10.
mini storage warehouse.
11.
retail sales of furniture, furnishings and appliances, excluding second-hand stores;
transportation and storage industries, including truck transport industries, public
passenger transit system industries, storage and warehousing industries, including
unenclosed storage of modular structures, and postal and courier services;
12.
taxidermy services;
13.
telecommunications industries, including recording studios;
14.
vehicle and recreational sales and service;
15.
vehicle rental and leasing services;
16.
veterinary clinics;
17.
wholesale sale of petroleum products;
18.
bakery without on-site retail
19.
offices above the street level storey of a building
20.
uses permitted under Section 3.3 of this Bylaw
21.
in addition to the permitted uses herein on Lots 4 & 5, Block 128 District Lot 4588,
Kootenay District Plan 902, 1561 10th Avenue only, eight dwelling units located above
the first storey of the building;
22.
in addition to the permitted uses herein, on Lot 1, District lot 4136, Kootenay District,
Plan NEP71764, 17 Ktunaxa Road only, one dwelling unit
23. in addition to the permitted uses herein, on Lots 9 and 10, Block 126, District Lot 4588,
Kootenay District, Plan 902, 1502 - 9th Avenue only, two dwelling units located above
the first storey of the building;
24. in addition to the permitted uses herein, on Lot 1, Block 128, District Lot 4588,
Kootenay District, Plan 902, 1501 - 10th Avenue only, Kombucha Brewery;
25. dwelling units subject to subsection .5(.3);
71
26. gymnasiums
3.
The following uses and no other are permitted to be accessory to a permitted use:
1. accessory buildings and structures
2. accessory uses
3. shipping Containers
4.
Regulations
1.
On a parcel located in an area designated CS-1, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes
the regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
460 sq. m (4,951 sq. ft.)
2. Minimum Parcel Frontage
15 m (49.21 ft.)
3. Minimum Setback
a) front yard, rear yard or side yard
None required
b) where a parcel abuts a parcel in a residential,
rural residential, P1 or P2 zone
- front yard
6 m (19.7 ft.)
- rear yard
6 m (19.7 ft.)
- side yard
6 m (19.7 ft.)
c) All structures
22 m (72.2 ft.) from the centre line of Hwy 3)
4. Maximum Parcel Coverage
50%
5. Maximum Building Height
12.0 m (39.4 ft.)
6. Parking
See Part 5
5.
Special Regulations
1.
All persons carrying out a use permitted in the CS-1 zone shall comply with the relevant
provisions of Section 3.11 of this Bylaw with respect to screening of outdoor storage.
2.
On site parking may be located within the front yard set back to maintain privacy when
abutting a residential district.
3.
Where dwelling units are proposed, they shall:
i) be designed and constructed as an integral part of the principal building;
72
ii) be self-contained;
iii) have a separate entrance provided from outside the building, separate from
that of any commercial use;
iv) be located above the first storey of the building or behind the commercial
component of the building.
73
INDUSTRIAL
74
4.2.13 LIGHT INDUSTRIAL
1.
Purpose
The purpose of the M1 zone is to provide for a limited range of industrial uses primarily
related to recycling and conservation that will have low pollution and minimal interference
with residential and tourism uses.
2.
Permitted Uses
The following uses, and no other, are permitted in the M1 zone:
1.
auction services;
2.
automobile and truck rental and leasing services;
3.
automobile wrecking.
4.
bottle collection and recycling depots;
5.
construction industries, including building, developing and general contracting
industries, and trade contracting industries;
6.
electric motor repair, welding and other repair services;
7.
forestry service industry;
8.
laundries and cleaners;
9.
machinery and equipment rental and leasing services;
10. manufacturing industries including;
i)
food industries;
ii)
leather and allied products industries;
iii)
furniture and fixtures industries;
iv)
printing, publishing and allied industries;
v)
machine shop industry;
vi)
electrical and electronic products industries;
vii)
sporting goods and toy industries;
viii)
sign and display industry;
ix)
cabinet making;
x)
door and window industries;
xi)
coffin and casket industry;
xii)
clothing manufacturing industry;
11.
public buildings;
12.
retail trade services, including automotive parts and accessories stores, motor
13.
vehicle repair shops, and other motor vehicle services;
14.
sand and gravel pits;
15.
service industries incidental to mineral and hydrocarbon extraction;
16.
service industries incidental to agriculture;
17.
services to buildings and dwellings;
18.
taxidermy services;
19.
transportation and storage industries truck transport industries, public passenger transit
system industries, and storage and warehousing industries, including unenclosed
storage of modular structures;
20.
wholesale trade industries, including petroleum products wholesale, and
21.
uses permitted under Section 3.3 of this Bylaw.
75
3.
The following uses and no other are permitted to be accessory to a permitted use:
1. accessory buildings and structures
2. accessory uses
3. retail sale of products produced on the parcel
4. office space accessory to one of the above permitted uses
5. Shipping Containers
4.
Regulations
1. On a parcel located in an area designated M-1, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes
the regulations set out below in which Column 1 sets out the matter to be regulated and
Column 2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
500 sq. m (5,382 sq. ft.)
2. Minimum Parcel Frontage
15 m (49.21 ft.)
3. Minimum Setback
- front yard
6.0 m (19.7 ft.)
- front yard where the parcel abuts a parcel in a
residential, P1 or P2 zone
7.5 m (24.6 ft.)
- rear yard
1.5 m (4.9 ft.)
- rear yard where the parcel abuts a parcel in a
Residential, P1 or P2 zone
7.5 m (24.6 ft.)
- rear yard where the rear yard of a parcel abuts
a railway right-of-way
No rear yard shall be required
- side yard
4.5 m (14.8 ft.)
- side yard where the parcel abuts a highway,
lane or a parcel in a Residential, P1 or P2
zone
7.5 m (24.6 ft.)
All structures from the centre line of Highway #3 30.0 m (98.4 ft.)
4. Maximum Height
12.0 m (39.4 ft.)
5. Maximum Parcel Coverage
50%
6. Parking
See Part 5
7. Signs
See Part 6
76
5.
Special Regulations
1.
All persons carrying out a use permitted in the M1 zone shall comply with the relevant
provisions of Parts 3, 4 and 5 of this Bylaw.
2.
All persons carrying out a use permitted in the M1 zone shall comply with the relevant
provisions of Section 3.11 of this Bylaw with respect to screening of outdoor storage.
77
4.2.14 AGRICULTURAL
1.
Purpose
The purpose of the A-1 zone is to provide for a range of agricultural uses that will have low
pollution and minimal interference with residential and tourism uses.
2.
Permitted Uses
The following uses, and no other, are permitted in the A1 zone:
1. Agriculture
2. Single Detached Dwelling
3. Accessory Dwelling for Farm Workers
4. Private Aerodrome
5. Equestrian Centre
6. Kennel
3.
Accessory Uses
1. Uses, buildings and structures accessory to a permitted use.
2. Home Occupation
4.
Regulations
On a parcel located in an area designated A-1, no building or structure shall be constructed,
located or altered and no plan of subdivision approved which contravenes the regulations set
out below in which Column 1 sets out the matter to be regulated and Column 2 sets out the
regulations.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
8ha
2. Minimum Parcel Frontage
15 m (49.21 ft.)
3. Minimum Setback
- All yards
- Special Setbacks
o Kennel - all yards
o Aerodrome
7.5 m (24.6 ft.)
60m
100m from property line of any residentially zoned
property
4. Maximum Height
10.0 m (32.8 ft.)
5. Maximum Parcel Coverage
10%
6. Parking
See Part 5
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7. Signs
See Part 6
5.
Special Regulations
1. All persons carrying out a use permitted in the A-1 zone shall comply with the relevant
provisions of Parts 3, 4 and 5 of this Bylaw.
2. All persons carrying out a use permitted in the A-1 zone shall comply with the relevant
provisions of Section 3.11 of this Bylaw with respect to screening of outdoor storage.
79
PUBLIC ZONES
80
4.2.15 PUBLIC INSTITUTIONAL
1.
Purpose
The purpose of the P1 zone is to provide for buildings and facilities, owned or operated by the
Municipal, Provincial or Federal Governments, or by non or not for profit organizations, and
intended for public use.
2.
Permitted Uses
The following uses, and no other, are permitted in the P1 zone:
1. aquatic centres;
2. agriculture, silviculture and horticulture;
3. arenas and curling rinks;
4. cemeteries;
5. childcare services;
6. churches and church halls;
7. clubs, operated by non profit or not for profit associations;
8. community halls;
9. fairgrounds and exhibition grounds;
10. group homes;
11. historical and archaeological display sites;
12. hospitals, medical and dental clinics and diagnostic centre's;
13. independent school
14. libraries;
15. museums;
16. non or not for profit organization or nonprofit social service agency
17. park offices, maintenance facilities and works yards;
18. public boat launches;
19. public buildings;
20. public or commercial schools, colleges and universities;
21. rest homes;
22. senior citizens centre;
23. wildlife research centre's, including fish hatcheries;
24. uses permitted under Section 3.3 of this Bylaw;
25. not more than two (2) BEEHIVES
26. emergency services
3. Accessory Uses
1. dwelling unit accessory to a permitted use;
2. retail sales accessory to a permitted use;
3. food and beverage preparation and sales, accessory to a permitted use.
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4. Regulations
1. On a parcel located in an area designated P1, no building or structure shall be constructed,
located or altered and no plan of subdivision approved which contravenes the regulations
set out below in which Column 1 sets out the matter to be regulated and Column 2 sets out
the regulations.
COLUMN 1
COLUMN 2
1. Maximum Density
One dwelling unit per parcel
2. Minimum Setback
a) Other than a dwelling unit
- front, rear or side yard except that where a
parcel abuts a parcel in a Residential, Rural
Residential or P1 zone
None
- rear yard
6 m (19.7 ft.)
- side yard
6 m (19.7 ft.)
b) Accessory Dwelling Unit
- front yard
7.5 m (24.6 ft.)
- rear yard
6 m (19.7 ft.)
- side yard
1.5 m (4.9 ft.) nor not less than 10% of the length of
the front parcel line
- side yard where adjacent to a highway right-
of-way other than a lane
4.5 m (14.8 ft.)
c) All structures
22 m (72.2 ft.) from the centre line of Hwy 3
3. Maximum Height
12 m (39.4 ft.)
4. Maximum Parcel Coverage
60%
5. Parking
See Part 5
6. Signs
See Part 6
5.
Special Regulations
1. All persons carrying out a use permitted in the P1 zone shall comply with the relevant
provisions of Parts 3, 4, and 5 of this Bylaw.
2. No persons shall use or permit the use of any portion of a parcel in the P1 zone for the
wrecking and repair of vehicles or for the storage of derelict vehicles.
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4.2.16 PARKS AND OPEN SPACE
1. Purpose
The purpose of the P2 zone is to designate parks, trails and open spaces, intended for
the use and enjoyment of the public and to provide access to facilities and resources.
2. Permitted Uses
The following uses, and no other, are permitted in the P2 zone:
1.
conservation areas, recreation reserves, ecological reserves and wildlife
sanctuaries;
2.
parks, campgrounds and park reserves;
3.
open space and tot lots;
4.
sports and athletic fields, including golf courses;
5.
walkways and trails;
6.
uses permitted under Section 3.3 of this Bylaw;
7.
not more than two (2) beehives.
3. Accessory Uses
1. If a campground use, the following Accessory Uses are permitted, and no others:
a. One building the floor area of which does not exceed 200 square metres
in floor area per floor, and not exceeding two stories in height, and in
any event, not exceeding 10 metres in height, which may only contain
one or more of the following uses:
i.
laundry facilities;
ii. a convenience store;
iii. a commercial kitchen;
iv. washroom and shower facilities;
v. games room;
vi. office related to the campground use;
and which may not be used for overnight or residential accommodations, or
any other purpose;
b. One building not to exceed 400 square metres in total floor area, one story in
height, and in any event, not exceeding 10 metres in height, which may
contain one or more of the following uses:
i.
washroom facilities;
ii. workshop and maintenance facilities;
iii. lounge area;
and which may not be used for overnight or residential accommodations, or
any other purpose;
83
c. structures utilized for laundry facilities not exceeding 6 metres in height;
d. structures utilized for washroom and shower facilities, not exceeding 6
metres in height;
e. picnic shelters, not exceeding 7.5 metres in height;
f. two park model trailers;
g. yurts, and appropriate platforms upon which the yurts may be located; and
h. swimming pools, hot tubs and spray parks.
4. Regulations
1. No person shall erect any permanent structure on land zoned P2 except
where the structure is incidental or required to main use, excepting as
permitted as an accessory purpose to a campground use;
2. No person shall use or permit the use of any portion of a parcel in the P2
zone for the wrecking and repair of vehicles.
If a campground use:
3.
Any onsite sewage disposal must be connected to the City of Fernie
sewage disposal system;
4.
Any water must be supplied by way of a connection to the City of Fernie
water system.
5.
Minimum parcel size for campground use is 4.0 hectares;
6.
The minimum area of a campground space is 140 square meters;
7.
No more than 30 campground spaces shall be permitted per gross hectare;
8.
No more than one recreational vehicle, yurt, or park model trailer shall be
permitted per campground space, and no more than 3 tents shall be
permitted in a campground space;
9.
No yurt shall be sited less than 3 metres from any other yurt, building or
structure;
11.
No yurt shall have a floor area in excess of 66m2.
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4.2.17 PRIVATE PARKS
1. Purpose
The purpose of the P-P zone is to identify parks, trails and open spaces, privately owned and
intended for the private use and enjoyment of the owner and to provide access to facilities and
resources.
2. Permitted Uses
The following uses, and no other, are permitted in the P-P zone:
1.
conservation areas, recreation reserves, ecological reserves, managed forests and wildlife
sanctuaries;
2.
open space and parks;
3.
walkways and trails;
4. not more than 2 beehives
3. Accessory Uses
1. Non-permanent storage not to include construction matter.
4. Regulations
1. No person shall erect any permanent structure on land zoned P-P except where the structure
is incidental or required to main use;
2. No person shall use or permit the use of any portion of a parcel in the P-P zone for the
wrecking and repair of vehicles.
3. No person shall erect a dwelling unit on land zoned P-P.
4. All storage areas to be screened in accordance with Section 3.11 (f).
85
COMPREHENSIVE DEVELOPMENT ZONES
86
4.2.18 CD1 - COMPREHENSIVE DEVELOPMENT ONE ZONE
The purpose of the Comprehensive Development Zone is to provide for the development of the Coal
Creek Development Area as a mixed-use neighbourhood with a diversity of housing choices. Distinct
neighbourhoods are designed to respect the natural landscape and include community parks, trails and
open space; mixed-use commercial; tourist accommodation and camping; and housing that includes
detached, semi-detached and multi-unit homes.
1.
Regulations:
a)
All persons carrying out a use permitted in the Comprehensive Development Zone shall comply
with all relevant provisions of this Bylaw unless specifically amended within this Comprehensive
Development Zone.
b)
Parks and open space owned by the City of Fernie, Province or Federal Government and intended
for the use and enjoyment of the general public, shall be developed in accordance with the
requirements of the P2-Parks and Open Space Zone.
c)
An Equivalent Dwelling Unit for the purposes of density and servicing calculations only, shall be
defined in accordance with the following table, where a single detached dwelling is equal to 1 unit
(table is updated). The definition of Equivalent Dwelling Unit as set forth in this section shall not be
applicable to any other bylaw of The Corporation of the City of Fernie unless expressly adopted by
such other bylaw, including, but not limited to, any bylaw relating to calculation and payment of
Development Cost Charges.
Product Type
Equivalent
Dwelling Unit
Retail/Service/Recreation Facilities
371.6 m2 or part
thereof
Hotel Room or condo maximum 69.7 m2
0.33
High Density Condo or apartment
0.56
Small-Scale Multi-Unit Housing Unit
0.77
Despite the ratio for SSMUH, above, Secondary Suite or Secondary Dwelling Unit
0.67
Single Detached Dwelling (all lot sizes)
1
2.
Sub-Areas
COS
Community Open Space
MR
Montane Residential
NMU
Neighbourhood Mixed Use
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3.
Definitions
All terms in Zoning Bylaw 1750 apply to this CD Zone and the following terms apply specifically to this
CD Zone:
BICYCLE RENTAL SHOP means
an enterprise that offers bicycle rentals, including e-bikes, along with associated retail sales, to members
of the public for monetary gain by any person.
CARETAKER'S RESIDENCE means
a dwelling unit used for the purposes of providing on-site surveillance, management or maintenance for
the primary use of the parcel.
CHALET means
a self-contained building intended to be used, leased or rented for temporary tourist accommodation, that:
a)
may include cooking, sleeping and bathroom facilities, and
b)
may not exceed 80 m2.
CHILDREN'S ANIMAL FARM means
an area developed for the keeping of farm animals for the entertainment and education of the public
generally, but children primarily.
COTTAGE DWELLING means
a compact, detached or semi-detached dwelling unit situated on a bare land strata parcel and sharing
common amenities or open space with other cottage dwellings on the same parcel.
DOG WALKING OPERATION means
an enterprise that offers dog walking services to members of the public for monetary gain by any person.
FOOD AND BEVERAGE ESTABLISHMENT means
land and buildings used for the provision of prepared food and beverages to the public for on-site
consumption. This use does not include drive-through restaurants.
HORSE RIDING OPERATION means
an enterprise that offers horse rides to members of the public for monetary gain by any person.
LIMITED AGRICULTURE includes
the cultivation of a portion of a parcel for the production of food, including fruits, vegetables, nuts and
herbs, and the keeping of hens, poultry and bees. This use is limited to production activities which are not
deemed to be noxious or offensive to adjacent properties or the general public. The retail sale of
agricultural products is permitted accessory to the use.
LIQUOR PRIMARY PUB AND MANUFACTURING FACILITY means
a building, or portion thereof, utilized for the manufacture, storage, distribution and retail sale or
wholesale of alcoholic beverages produced on site, which may include a liquor primary pub; an area for
the sale, tasting and consumption of alcohol; food and beverage service; and products promoting the sale
or marketing of the alcoholic beverages produced on site. The manufacturing component shall not exceed
200 square metres.
88
LOW-IMPACT TOURIST ACCOMMODATION means
the use of land which has been designed and intended for short-term accommodation in tents, recreational
vehicles, yurts or chalets. This land use is not to be used as year-round storage, or for residential use. A
low-impact tourist accommodation does not include a manufactured home park.
OFFICE USE means
a building or part of a building used for the provision of professional, management, administrative,
consulting or financial services in an office setting but excludes government services, the servicing and
repair of goods, the sale of goods to the customer on site, and the manufacturing or handling of a product.
PET BOARDING means
a building and associated premises used for cat and dog daycare and overnight boarding.
PET CEMETERY means
an area of land that is set aside for the burial of pet remains and may include memorial parks, burial
grounds and a crematorium.
RETAIL STORE means
premises where goods, merchandise and other material are offered for sale at retail to the general public,
but excludes warehouse sale or wholesale, the sale of gasoline or heavy equipment.
89
4. COS-Community Open Space
1.
Purpose
The purpose of the COS sub-area is to identify privately owned, publicly-accessible parks,
trails and open spaces, intended for the active programming, use by the owner and to provide
access to facilities and resources.
2.
Permitted Uses
The following uses, and no other, shall be permitted in the COS sub area:
1.
assembly use;
2.
campground;
3.
children's animal farm;
4.
commercial boarding kennel;
5.
conservation areas;
6.
dog walking operation;
7.
horse riding operation;
8.
horticulture;
9.
limited agriculture;
10.
low-impact tourist accommodation;
11.
park;
12.
pet boarding;
13.
pet cemetery;
14.
recreation facilities;
15.
seasonal produce stands; and
16.
trails and walkways.
3.
Accessory Uses
1.
caretaker's residence, with or without an accessory dwelling unit;
2.
employee housing;
3.
uses, buildings and structures accessory to a permitted use; and;
4.
snow storage.
4.
Regulations
1.
On a parcel located in the COS sub-area, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which
contravenes the regulations set out below in Column 1, which sets out the matter to
be regulated and Column 2 which sets out the regulations
90
Column 1
Column 2
Maximum Building Height
Buildings and Structures
7.5 m (24.6 ft.)
Maximum Parcel Coverage
10%
Minimum Parcel Setbacks
Buildings and Structures
3.0 m (9.8 ft.)
Off-Street Parking Requirements
Bicycle parking
6
spaces per parcel
2.
For a campground or low-impact tourist accommodation use, the following
regulations apply:
a)
Any on-site sewage disposal must be connected to the City of Fernie
sewage disposal system;
b)
Any water must be supplied by way of a connection to the City of Fernie
water system;
c)
Minimum parcel size for campground or low-impact tourist
accommodation use is 4.0 hectares;
d)
The minimum area of a campground space is 140 square meters;
e)
No more than 30 campground spaces shall be permitted per gross
hectare;
f)
No more than one recreational vehicle, yurt, or park model trailer shall
be permitted per campground space, and no more than 3 tents shall be
permitted in a campground space;
g)
No yurt or chalet shall be sited less than 3 metres from any other yurt,
chalet, building or structure; and
h)
No yurt or chalet shall have a floor area in excess of 66 square meters.
i)
The following Accessory Uses are permitted, and no others:
a.
One building not to exceed 200 square metres in floor area per
floor notwithstanding 5.4.1may not exceed 10 metres and two stories
in height, which may only contain one or more of the following uses:
i.
washroom and shower facilities;
ii.
employee housing
iii.
office related to the campground use;
iv.
laundry facilities;
v.
a convenience store;
vi.
a commercial kitchen;
vii.
games room;
b.
One building not to exceed 400 square metres in total floor area
and notwithstanding 5.4.1 may not exceed 10 metres and two stories
in height, which may contain one or more of the following uses:
91
i.
workshop and maintenance facilities;
ii.
employee housing
iii.
office related to the campground use;
iv.
washroom facilities;
v.
lounge area;
c. Notwithstanding 5.4.1, the following restictions apply:
i.
structures utilized for stand alone laundry facilities may
not exceed 6 metres in height;
ii.
structures utilized for stand alone washroom and shower
facilities, may not exceed 6 metres in height;
iii. picnic shelters may not exceed 7.5 metres in height;
iv.
swimming pools are not permitted.
3.
For a caretaker's residence, the following regulations apply:
a)
Not including a secondary suite accessory to a primary residence, no
more than one caretaker's residence may be constructed within the COS Sub-
Area;
b)
The maximum height of a caretaker's residence is 11 metres and 5
metres for an accessory building or structure;
c)
The minimum setback of a caretaker's residence from any street,
residential or commercial use is 3 metres;
d)
A caretaker' residence may not exceed 500 square meters.
92
5. MR - Montane RESIDENTIAL
1.
Purpose
The purpose of the MR sub-area is to provide for a range of ground-oriented housing types
including detached, semi-detached and multi-unit residential housing.
2.
Permitted Uses:
The following uses, and no other, shall be permitted in the MR sub area:
1.
cottage dwelling;
2.
single detached dwelling;
3.
small-scale multi-unit housing; and
4.
medium density multi-family dwelling.
3.
Accessory Uses:
1.
home occupation;
2.
uses, buildings and structures accessory to a permitted use; and
3.
not more than two (2) beehives.
4.
Regulations:
1. A parcel within the MR Sub-Area may be developed with any combination of dwelling
units permitted within the Sub-Area but may not exceed the following densities.
2. On a parcel located in the MR sub-area, no building or structure shall be constructed,
located or altered and no plan of subdivision approved which contravenes the regulations
set out below in Column 1, which sets out the matter to be regulated and Column 2 which
sets out the regulations.
COLUMN 1
COLUMN 2
Bareland Strata Housing (e.g. Cottage Dwellings)
Minimum Parcel Area
Cottage parcel (strata)
Cottage strata lot
3000 sq. m. (0.75 ac)
93 sq. m. (1001 sq. ft.)
Minimum Parcel Depth
18m (59 ft.)
Minimum Parcel Frontage
Bare land strata parcel
Cottage strata lot
15 m (49.2 ft.)
9 m (29.5 ft.)
Minimum Setbacks
Principal Building
Any strata parcel line
Strata lot front yard
Strata lot rear yard
Strata lot side yard
2.0 m (6.6 ft.)
2.0m (6.6 ft.)
4.5 m (14.8 ft.)
1.5m (4.9 ft.)
93
Accessory Building or Structure
Any strata parcel line
Strata lot front yard
Strata lot rear yard
Strata lot side yard
2.0 m (6.6 ft.)
1.5 m (4.9 ft)
1.5m (4.9 ft.)
1.5 m (4.9 ft)
Maximum Building Height
Principal Buildings
Accessory Buildings
11.0 m (36.1 ft.)
5.0 m (16.4 ft.)
Minimum Dwelling Unit Size
Principal Dwelling Unit
Accessory Dwelling Unit or Secondary Suite
55 sq. m (592 sq. ft.)
COLUMN 1
COLUMN 2
Small-Scale Multi-Unit Housing (up to 4 units / lot)
Minimum Parcel Size
250 sq. m. (2,691 sq.ft)
Maximum Parcel Size
4,050 sq.m. (43,593.8 sq.ft.)
Minimum Parcel Frontage
9.14 m (30.0 ft.)
Minimum Parcel Frontage for parcels in the bulb of a
cul-de-sac
6.1 m (20.0 sq. ft.)
Minimum Setbacks
Principal Building
Front yard
Rear yard
Side yard
Side yard, adjacent to a highway
Right-of-way other than a lane
Accessory Building or Structure
Front yard
Rear yard, rear lane-access
Rear yard
Side yard
Side yard, adjacent to a highway right-of-way other
than a lane
2.0 m (6.6 ft.)
6.0 m (19.7 ft.)
1.5 m (4.9 ft)
1.2 m (3.9 ft)
3.0 (9.84 ft.)
4.5 m (14.8 ft.)
1.5m (4.9 ft.)
1.5 m (4.9 ft)
1.5 m (4.9 ft)
3.0 (9.84 ft.)
Maximum Density
Number of dwelling units permitted on any parcel that
is 280 square metres or smaller
Number of dwelling units permitted on any parcel
larger than 280 square meters.
3
4
94
Maximum Parcel Coverage for parcels 280 sq. m and
smaller, all buildings and structures:
1 dwelling
2 dwellings
3 dwellings
Maximum Parcel Coverage for parcels larger than 280
m2, all buildings and structures:
1 dwelling
2 dwellings
3 dwellings
4 dwellings
35%
40%
50%
35%
40%
45%
50%
Maximum Building Height
Principal Buildings
Accessory Buildings
11.0 m (36 ft.)
5.0 m (16.4 ft.)
COLUMN 1
COLUMN 2
Medium Density Multi Family Dwelling (>4 units / lot)
Minimum Parcel Frontage
Except in the bulb of a cul-de-sac
20 m (65.6 ft.)
12 m (39.4 ft.)
Minimum Setbacks
Principal Building
Front yard
Rear yard
Side yard
Side yard, adjacent to a highway right-of-way other
than a lane
Accessory Building or Structure
Front yard
Rear yard
Rear yard, adjacent to a highway right-of-way other
than a lane
Side yard
4.5 m (14.8 ft.)
6.0 m (9.84 ft.)
1.5 m (4.9 ft) or 10% of the length of
the front parcel line, whichever is
greater
4.5 m (14.8 ft.)
7.5 m (24.6 ft)
1.5 m (4.9 ft) or 10% of the length of
the front parcel line, whichever is
greater
4.5 m (14.8 ft.)
1.5 m (4.9 ft) or 10% of the length of
the front parcel line, whichever is
greater
95
Side yard, adjacent to a highway other than a lane
4.5 m (14.8 ft.)
Maximum Parcel Coverage
Principal Buildings
Accessory Buildings
45%
10%
Maximum Building Height
Principal Buildings
Accessory Buildings
11.0 m (36.1 ft.)
5.0 m (16.4 ft.)
Minimum Amenity Space per dwelling unit in either a
balcony, terrace or patio
4.5 sq. m (48 sq.ft.)
5.
Special Regulations:
1. Decks and balconies may encroach into the rear and front yards, and on corner lots,
into the side yard, providing that they do not interfere with pedestrian traffic on a
sidewalk and do not block sight distance for traffic turning movements.
2. All construction of secondary suites and accessory dwelling units must be in
accordance with BC Building Code regulations for secondary suites.
6. NMU - Neighbourhood Mixed-use
1.
Purpose
The purpose of the NMU sub-area is to provide for a mix of residential and service
commercial uses, along with tourist accommodation, compatible with pedestrian-first,
neighbourhood-scale nodes, organized according to approximate 500-metre walking circles
associated with a 5-minute walking distance to convenience commercial services.
2.
Permitted Uses
The following uses, and no other, shall be permitted in the NMU sub area:
1.
assembly use;
2.
bicycle rental shop;
3.
child care services;
4.
commercial boarding kennel;
5.
convenience store;
6.
food and beverage establishments;
7.
liquor primary pub and manufacturing facility;
8.
micro-brewery with tourism amenity facilities;
9.
multi family dwellings;
10.
neighbourhood commercial;
11.
office use;
96
12.
post offices;
13.
personal service;
14.
retail store; and
15.
tourist accommodation.
3.
Accessory Uses
1.
home occupation; and
2.
uses, buildings and structures accessory to a permitted use;
4.
Regulations:
1. On a parcel located in the MR sub-area, no building or structure shall be constructed,
located or altered and no plan of subdivision approved which contravenes the regulations
set out below in Column 1, which sets out the matter to be regulated and Column 2 which
sets out the regulations.
97
COLUMN 1
COLUMN 2
Minimum Parcel Area
460 sq m (4,952 sq. ft.)
Minimum Parcel Frontage
15 m (49.2 ft.)
Minimum Setback
Apartment, Commercial or Mixed Use, Principal
Building
Front yard
Rear yard
Side yard
Side yard where adjacent to a highway right-of-way
Townhousing, Principal
Front yard
Rear yard
Side yard
Side yard where adjacent to a highway right-of-way
Accessory Building
Front yard
Rear yard
Rear yard, adjacent to a highway right-of-way other than
a lane
0.0 m (0 ft.)
6.0 m (19.7 ft.)
0.0 m (0 ft.)
3.0m (9.84 ft.)
2.0 m (6.6 ft.)
1.5 m (4.9 ft.)
1.5 m (4.9 ft) or 10% of the length
of the front parcel line, whichever
is greater
3.0 m (9.84 ft.)
7.5 m (24.6 ft.)
1.5 m (4.9 ft.)
1.5 m (4.9 ft) or 1 m (3.3 ft.) for
each storey, whichever is greater
Maximum Parcel Coverage
Principal Buildings
Accessory Buildings
50%
10%
Maximum Density
200 dwelling units per gross hectare
Maximum Building Height
Principal Building
Accessory Buildings
21.0 m (65.6 ft.) or six storeys,
whichever is less
5.0 m (16.4 ft.)
Minimum Amenity Space per Multi Family Dwelling
Unit in either a balcony, terrace or patio
4.5
sq. m. (48 sq. ft.)
5.
Special Regulations
1.
Dwelling units located within mixed-use buildings in the NMU sub area shall be located
above the first storey of a building or situated behind in a single storey structure.
98
MONTANE SUBZONE AMENDMENT MAP
99
4.2.19 COMPREHENSIVE DEVELOPMENT TWO ZONE
1. Purpose
The purpose of the CD-2 - Comprehensive Development Two zone is to provide for
pedestrian oriented mixed-use commercial/multi-family residential development and
redevelopment of underutilized properties at the north end of the Historic Downtown Core
area as defined in the Official Community Plan. The intent is to create a mixed-use
transition area between the retail commercial uses of the downtown to the south and the
established residential Maintown neighborhood to the west and north. New development
and redevelopment of existing buildings is to be of high quality design that is consistent
with the heritage buildings in the Historic Downtown Core area and in scale and harmony
with the character of the surrounding community.
2. Permitted Uses
The following uses, and no other, are permitted in the CD-2 zone:
1. retail bakeries;
2. banks, financial institutions and insurance companies;
3. barber shops and beauty parlors;
4. business and professional offices;
5. micro brewery with tourism amenity facilities;
6. condo hotels;
7. drug stores;
8. dry cleaning including coin operated laundries;
9. post offices;
10. retail sales, including retail sales of liquor, the gross floor area of any retail use shall not
exceed 930 square metres;
11. restaurants other than drive-through restaurants;
12. travel agencies.
13. billiard halls, bowling alleys, amusement arcades;
14. bars, night clubs and neighborhood pubs;
15. theatres and cinemas;
16. areas for art, music, dancing, theatrical work or television, with or without retail sales;
17. business, professional, labour, political, civic and fraternal membership organizations;
18. hotels;
19. newspaper publishing and commercial printers;
20. public buildings;
21. commercial schools;
22. personal and professional offices and services;
23. parking areas and structures;
24. child care services;
25. recreation facilities;
26. small animal veterinary clinics;
27. dwelling units including multi-family dwellings, subject to subsections 5 (3), (4) and (5);
28. tourist information kiosk;
29. Uses permitted under Section 3.3 of this Bylaw.
100
3. Accessory Uses
1. Uses, buildings and structures accessory to a permitted use.
2. Home occupations.
4. Regulations
1. On a parcel located in the CD-2 Zoning District, no building or structure shall be
constructed, located or altered and no plan of subdivision approved which contravenes the
regulations set out below in which Column 1 sets out the matter to be regulated and Column
2 sets out the regulations.
2. Section 3.8.7 of this Bylaw does not apply to setback requirements in the CD-2 Zoning
District. Sections 3.8.4 (a), (c) and (d) of this Bylaw shall not apply to the
construction of structures defined by CD-2 Zoning District Section .4.2.3.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area - for lots not part of a
strata plan
230 sq. m (2,475 sq. ft.)
2. Minimum Parcel Frontage - for lots not part
of a strata plan
7.5 m (24.6 ft.)
3. Minimum Setbacks
See Schedule A of the CD-2 Zoning District
-
Setback Zone 1 - 9th Street
Grade level patios, terraces and decks as well as
above grade balconies are permitted to project
to 1 metre of the property line provided that the
construction of patios, terraces and decks is no
more than 5.5 metres in length and is separated
from another patio, terrace or deck by at least
1.5 metres.
-
Setback Zone 1 - 10th Street
Grade level patios, terraces and decks as well as
above grade balconies are permitted to project
to within 150 mm of the property line provided
that the construction of patios, terraces and
decks is no more than 5.5 metres in length and
is separated from another patio, terrace or deck
by at least 1.5 metres.
-
Setback Zone 1 - 3rd Avenue
See Schedule A-1 of the CD-2 Zoning District
4. Minimum Gross Floor Area - for lots not part
of a strata plan
- dwelling unit
46 sq. m (495 sq. ft.)
5. Maximum Building Height
See Schedule B of the CD-2 Zoning District
101
6. Parking
See Schedule D of the CD-2 Zoning District
-
Parking Zone 1
1.5 spaces for each dwelling unit; an additional
0.5 space for each dwelling unit shall be
provided subject to complying with section 5.4
(c) of Part 5 of this Bylaw.
Other uses - 50% of total number of spaces
required by Part 5 shall be provided subject to
complying with section 5.4(c) of Part 5 of this
Bylaw.
-
Parking Zone 2
100% of total number of spaces required by Part
5 of this Bylaw.
5. Special Regulations
1.
Uses permitted in the CD-2 zone shall comply with the relevant provisions of Parts
3, 4 and 5 of this Bylaw except as otherwise noted above.
2.
No person shall use or permit the use of any portion of a parcel in the CD-2 zone
for the wrecking and repair of vehicles, nor for the storage of derelict vehicles.
3.
Multi-family dwellings in the CD-2 zone shall be located in the area delineated by
Schedule C of the CD-2 Zoning District. Parking areas or structures are not
permitted to front 2nd Avenue or to be located on the first storey of any building
fronting on 2nd Avenue.
Density Zone 1 - Commercial uses shall be accessed from 2nd Avenue. Any area
below the first storey of any building fronting on 2nd Avenue shall have a minimum
gross floor area of 50% dedicated to commercial uses. The first storey of any
building fronting on 2nd Avenue shall have a minimum gross floor area of 10%
dedicated to commercial uses. Dwelling units may be located on the first storey of
any building, above the first storey of any building or in any area below the first
storey of any building.
Density Zone 2 - Residential uses are not permitted on the first storey of any
building. Dwelling units may be located above the first storey of any building.
4.
Maximum multi-family dwelling density in the area delineated by Schedule C of
the CD-2 Zoning District shall be 74 units per gross hectare (30 units per gross
acre).
5.
Dwelling units shall have entrances separate from that of any commercial use.
Access to separate entrances is permitted to be by a common corridor.
102
103
104
105
106
107
4.2.20 COMPREHENSIVE DEVELOPMENT THREE ZONE
1. Purpose
The purpose of the Comprehensive Development Three Zone is to provide high density, large
structures in the form of apartment style dwelling units.
2. Permitted Uses
The following uses, and no other, are permitted in the Comprehensive Development Three Zone:
1. multi-family dwelling;
2. uses permitted under section 3.3 of Zoning Bylaw No. 1750.
3. Accessory Uses
1. home occupation;
2. other uses, buildings and structures accessory to a permitted use.
4. Regulations
1. On a parcel located in an area designated as Comprehensive Development Three Zone no
building or structure shall be constructed, located or altered and no plan of subdivision
approved which contravenes the regulations set out below in which Column 1 sets out
the matter to be regulated and Column 2 sets out the regulations.
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
1.8 hectares (4.45 acres)
2. Minimum Setback
-
Adjacent to Highways
-
Adjacent to Slalom Drive fee-
simple properties
-
All Other Setbacks
7.5 m (24.6 ft.)
4.5 m (14.8ft.)
9.0 m (22.8ft.)
3. Maximum Parcel Coverage
20%
4. Maximum Density
77.5 dwelling units per gross hectare
108
5. Maximum Building Height
Apartment buildings
Accessory buildings
20.5m (67.2 ft.)
9.0 m (29.5 ft)
6. Minimum Amenity space per dwelling
units.
4.5 sq. m. (48 sq. ft.) in a balcony, terrace
or patio.
7. Parking
1.25 resident off-street parking spaces for
each dwelling unit.
Plus 0.15 visitor off-street parking spaces
for each dwelling unit
5. Special Regulations
1. In a building containing more than 10 dwelling units, indoor amenity space
in the amount of not less than 1.4 sq meters (15 sq. ft.) per dwelling shall be
provided.
109
4.2.21 COMPREHENSIVE DEVELOPMENT FOUR ZONE
1. Purpose
The purpose of the CD4 zone is to provide for the development of residential units in the form of
single detached residential or small-scale multi-unit housing that include one or more land use sub-
areas and the dedication of a significant amount of natural open space based on a comprehensive
development plan.
2. Permitted Uses
The principal uses in this zone are:
(a) single detached dwelling including Modular Home (except Manufactured Home);
(b) multi family dwelling;
(c) open space, parks and tot-lots;
(d) walkways and trails;
(e) uses permitted under Section 3.3 of this Bylaw.
3. Accessory Uses
The secondary uses in this zone are:
(a) uses, buildings and structures accessory to a permitted use;
(b) home occupation;
(c) secondary units and suites (except within the RR Rural Residential sub-area and the R4 Multiple
Family Residential (High Density) sub-area);
4. Subdivision Regulations
(a) The minimum gross site area within this zone is 20,235 m2.
5. Development Regulations
(a) Within the CD-4 Zone the permitted density shall be developed within the "RR Rural
Residential" sub-area as shown on CD-4 Map 1 in accordance with requirements of the RR zone..
(b) Within the CD-4 Zone, dwelling units shall be developed within the "R-SS - Residential Small-
Scale" sub-area as shown on CD-4 Map 1 in accordance with the regulations set out in Section
4.2.1.4.1 of this bylaw.
(c) Within the CD-4 Zone, multi-family dwellings shall be developed within the "R4 Multiple
Family Residential (High Density)" sub-area in accordance with the requirements of the R4 zone.
110
(d) Within the CD-4 Zone, lands designated as 'OS1 Open Space' on the comprehensive
development plan shall be developed in accordance with the following requirements:
(i) Permitted Uses
The following uses, and no other, are permitted within lands designated as OS1 Open Space:
a) Conservation areas, recreation reserves, ecological reserves, managed forests and wildlife
sanctuaries;
b) Open space and parks;
c) Walkways and trails;
(ii) Accessory Uses
a) Uses, buildings and structures accessory to a permitted use, including, but not limited to,
washrooms, change rooms, warming shelters, information kiosks, signage and park
maintenance buildings;
b) Buildings accessory to a permitted use that are operated by a not for profit organization.
(iii) Regulations
a) No person shall use or permit the use of any portion of a parcel zoned as OS1 Open
Space for the wrecking or repair of vehicles;
b) No person shall locate a dwelling unit on any parcel within lands zoned as OS1 Open
Space;
c) All storage areas shall be screened in accordance with Section 3.11(f).
6. Other Regulations
(a) Within the CD-4 Zone, land uses shall be permitted in accordance with the comprehensive
development plan referred to as "CD-4 Map 1", attached to this bylaw.
(b) Fencing shall not be permitted within the front yard setback of residential uses within the CD-4
zone.
111
RSS - RESIDENTIAL SMALL-SCALE IN
ACCORDANCE WITH CD-4 ZONE
112
4.2.2
CD5 - COMPREHENSIVE DEVELOPMENT FIVE ZONE
1. Purpose
The purpose of this zone is to provide multi-family housing that will meet local housing
needs in the City of Fernie consistent with the City of Fernie's Official Community Plan.
2. Permitted Uses
The following uses, and no other, are permitted in the CD5 zone.
1.
Multi-Family Dwellings
3. Accessory Uses
1.
Home occupation;
2.
Buildings and structures accessory to a permitted use;
4. Regulations
1.
On a parcel located in the CD5 zone, no building or structure shall be constructed,
located or altered and no plan of subdivision approved which contravenes the
regulations set out below in which column 1 sets out the matter to be regulated and
Column 2 sets out the regulations:
COLUMN 1
COLUMN 2
1. Minimum Parcel Area
5400m2
2. Minimum Parcel Frontage
64m
3. Minimum Setbacks
a) Principal Building
- front yard
6m
- rear yard
6m
- side yard
4.5m
b) Accessory Building or Structure
- front yard
6m
- rear yard
0.6m
- side yard
0.6m
4. Maximum Parcel Coverage
30%
5. Maximum Density
95 dwelling units per gross hectare
113
6. Maximum Building Height (See CD5 -
Comprehensive
Development
Five
Zone
-
Schedule 'A')
- Building A
14.5m
- Building B
- Building C
- Building D
11m
8m
11m
7. Minimum amenity space
4.5m2 per dwelling unit in the form of either a
balcony, terrace, or patio
8. Parking (Notwithstanding section 5 of this
bylaw)
-
Off-Street Parking
-
Handicap Parking
-
Off-Street Loading
-
Bicycle Parking
1.2 stalls per dwelling unit
4 stalls (to be included in the off-street parking ratio)
1 stall
1.1 stalls per dwelling unit
114
CD5 - COMPREHENSIVE DEVELOPMENT FIVE ZONE - SCHEDULE 'A'
115
PART 5
OFF STREET PARKING AND LOADING
5.1
APPLICATION OF REGULATIONS
No land, building or structure shall be used by any owner or occupier or any other person for
any use, unless the off-street parking and loading requirements for that use have been first
provided in accordance with the provisions of this Bylaw.
5.2
EXEMPTION OF EXISTING BUILDINGS FROM PARKING AND LOADING
REQUIREMENTS
The regulations contained in this section shall not apply to buildings, structures and uses
existing on the effective date of this Bylaw except that:
(a) off-street parking and loading shall be provided and maintained in accordance with this
section for any addition to any existing building and structure or any change or addition
to such existing use including home occupations;
(b) off-street parking and loading provided prior to the adoption of this Bylaw shall not be
reduced below the applicable off-street parking requirements of this section.
5.3
NUMBER
(a) The number of off-street parking spaces for motor vehicles required for any use is
calculated according to Table 1 of this Bylaw in which Column I classifies the types of
uses and Column II sets out the number of required off-street parking spaces that are to
be provided for each use in Column I.
(b) In respect of a use permitted under this Bylaw which is not specifically referred to in
Column I of Tables 1 and 2 the number of off-street parking and loading spaces is
calculated on the basis of the requirements for a similar use that is listed in Table 1 and
Table 2.
(c) Where the calculation of the required off-street parking and loading spaces results in a
fraction, one parking or loading space shall be provided in respect of the fraction.
(d) Where seating accommodation is the basis for a unit of measurement under this section
and consists of benches, pews, booths or similar seating accommodation each 0.5 metres
of width of such seating shall be deemed to be one seat or seating place.
(e) Where more than one use is located on a parcel, the total number of parking or loading
spaces to be required shall be the sum total of the requirements for each use.
(f)
Where more than one use is located in a building, the total number of parking or loading
spaces to be required may recognize the mixed use and determine the number of spaces
required based on the various portions of the building dedicated to each use.
(g) Where more than one standard may apply to a use, the standard requiring the greatest
number of parking spaces shall be used.
(h) Where parking spaces per person is applied the total number of persons shall be
according to the maximum occupancy load established by the B.C. Building Code.
116
(i)
Off-street loading spaces shall not be included in the calculation of off-street parking
spaces required hereunder.
5.4
LOCATION
(a) For uses in residential zones, off-street parking spaces shall be located on the same parcel
as the use they serve.
(b) Excluding uses in residential zones, if sufficient off-street parking spaces cannot be
provided on the same parcel, required off-street parking spaces may be located on another
parcel within 228.6 metres of the building or use those spaces serve.
(c) If parking is not located on the same parcel as the parcel these spaces serve, a restrictive
covenant, pursuant to Section 215 of the Land Titles Act, shall be registered. The
covenant must be registered on the title of the parcel that accommodates the parking
spaces.
(d) Off-street loading spaces shall be located on the same parcel as the use they serve.
5.5
STANDARD
(a) Off street parking spaces required under this Bylaw shall be constructed to the following
minimum standards:
FIGURE 5
OFF STREET PARKING SPACE STANDARDS
Parking Angle in
Degrees
Width of Parking
Space
Length of Parking
Space
Width of Aisle
90
2.90 m
5.8 m
6.1 m
60
2.75 m
5.8 m
5.5 m
45
2.75 m
5.8 m
3.9 m
30
2.75 m
5.8 m
3.3 m
Parallel
2.60 m
6.7 m
6.0 m
(b) Where the parking angle is 60 degrees, 45 degrees, or 30 degrees, only one way traffic
will be permitted in the maneuvering aisle.
(c) If the applicant applies for direct access onto a controlled access highway, the proposed
land use and parking must comply with the Ministry of Transportation and Highways
requirements.
(d) Access to a parking space, when the parcel is located at the intersection of two highways,
access shall be located not less than 6 m (19.7 feet) from the intersection to the two
highways.
117
(e) All off-street parking areas shall be graded to provide an even surface and drained so that
no surface water:
(i) accumulates thereon;
(ii) runs onto any sidewalk, or
(iii) runs onto any highway if the area is not paved.
(f) All off-street parking areas required to accommodate three (3) or more motor vehicles
and all access roads to such parking areas shall be of a paved surface and shall have
individual parking spaces, maneuvering aisles, entrances and exits clearly marked.
(g) All off-street parking areas shall provide adequate illumination to the satisfaction of the
Director of Operations, or the person acting in that capacity for the City.
(h) Any lighting used to illuminate any parking and loading areas or parking garages shall be
so arranged that all direct rays of light are reflected upon such parking or parking garage,
and not on any adjoining premises or highways.
(i) The number of parking spaces provided on site shall be consistent with Figure 6. In the
case of infill or downtown redevelopment, parking spaces may be provided on other sites
within 300 m from the principle use, under a special parking agreement approved by
Council.
5.6
PARKING REQUIREMENTS FOR THE HANDICAPPED
(a) Handicap parking requirements for:
(i) parking lots - one percent of the total parking spaces in each lot, with a minimum of
one stall per lot;
(ii) facilities servicing the handicapped, such as hospitals - three per cent of the total
parking spaces in each lot.
(b) Handicapped parking spaces required to be minimum size of 3.9 m (13 feet) in width and
6 m (19.7 feet) in length.
(c) Handicapped parking spaces to be marked and signed - 'Reserved for Handicapped Only'
i.e. Handicapped Logo.
(d) Handicapped parking spaces to be located as close as possible to accessible elevators,
ramps, walkways and building entrances.
118
FIGURE 6
REQUIRED OFFSTREET PARKING SPACES
CLASS OF BUILDING
REQUIRED NUMBER OF SPACES
assembly halls, auditoriums community
halls, lodges
1 for each 10 seats
automobile parts and supply
1 for each 70 m² (753 sq. ft.) of gross floor
area or portion thereof.
banks, financial and insurance institutions
1 for each 46 m² (495 sq. ft.) of gross floor
area
billiard and pool halls
2 per table
bowling alley
2 per alley
building materials supply
1 per 186 m² (2,002 sq. ft.) of covered storage,
sales and office floor area, or portion thereof
bus depot
1 for each 10 m² (108 sq. ft.) of waiting room,
or portion thereof
cabaret, night club, neighbourhood pub
1 for each 3 seats for patrons
car wash
2 spaces per bay
church
1 for each 10 seats
coin laundry
1 for each 3 washing machine
Condo Hotel and Apartment Buildings
-studio and one bedroom units
-two bedroom units
-three bedrooms or greater
1 for each unit
1.5 for each unit
2 for each unit
plus spaces for any additional uses as specified
elsewhere in this section
day care, nursery
3 spaces
driving range
1 space per tee box
dry cleaning and laundry establishments
1 for each 23 m² (248 sq. ft.) of gross floor
area
dwelling units:
- single detached dwelling, modular or
manufactured home
- Small-Scale Multi-Unit Housing, 2
Dwelling Units
2 spaces
2 Spaces
119
-Small-Scale Multi-Unit Housing, 3
Dwelling Units
-Small-Scale Multi-Unit Housing, 4
Dwelling Units
- multiple family, including apartment
3 Spaces
4 Spaces
2 for each dwelling
funeral homes
1 for each 4 seats in chapel
golf course
-
9 holes
-
18 holes
32 spaces
64 spaces
grocery store
1 for each 23 m ² (248 sq. ft.) of gross floor
area
gymnasium, reducing salon, masseur,
health spa and similar uses
1 for each 10 m ² (108 sq. ft.) of gross floor
area or portion thereof
hospital
2 for each 3 patient beds
hostel
.25 space per sleeping unit
hotel, motel, lodge
1 for each accommodation unit plus spaces for
any additional uses as specified elsewhere in
this section
Independent school
2 spaces for every classroom, grades K-9
4 spaces for every classroom, grades 10-12
industrial uses, storage, warehouses
1 for each 23 m² (248 sq. ft.) of office area plus
1 per 186 m² (2002 sq. ft.) of covered
industrial, storage or warehouse area or
portions thereof
kennels
3 spaces
library
1 for each 46 m² (495 sq. ft.) of gross floor
area or portions thereof
medical and dental offices, clinics and
laboratories
4 for each doctor's office
manufactured home and recreational
vehicle sales, service, rental and repair
1 for each 450 m² (484 sq. ft.) of floor display
and yard or portion thereof
museum
1 for each 23 m² (248 sq. ft.) of floor area or
portion thereof
offices, other than medical or dental
1 for each 46 m² (495 sq. ft.) of gross floor
area or portion thereof
pension
1 space per guest unit
police stations
1 for each 23 m² (248 sq. ft.) of gross floor
area or portion thereof
120
post office or sub-post office
1 for each 23 m² (248 sq. ft.) of gross floor
area or portion thereof
recreation centre, indoor recreation facility
1 for every 10 users, where users means
number of persons the centre or facility is
designed or intended to accommodate plus 1
for every 10 spectator seats
restaurant
1 for each 3 seats for patrons
rest homes, senior's assisted or
independent living complexes
0.5 spaces for each rest home bed unit, or
dwelling unit, plus 1.5 staff parking spaces for
every 10 rest home bed units
retail store
1 for each 46 m² (495 sq. ft.) of gross floor
area or portion thereof
school
2 for every classroom
secondary dwelling unit
1 space per unit
service station
2 for each service bay
short-term rental
2 spaces
Where the dwelling unit in which the Short-
Term Rental is located has existing space(s)
provided in accordance with this bylaw, the
calculation of the number of required spaces
for Short Term Rental use shall include the
existing spaces.
studio for art, music, dancing, theatrical
work, radio or television
1 for each 46 m² (495 sq. ft.) of gross floor
area or portion thereof
take-out food services
2 for each 23 m² (248 sq. ft.) of gross floor
area or portion thereof
taxi office
2 for each 23 m² (248 sq. ft.) of gross floor
area or portion thereof
tourist accommodation
1 space per unit area of 55 m2 (592 sq. ft.) or
less, plus 0.5 space for every additional 40 m2
(430.5 sq. ft) of additional gross floor area, to a
maximum of 2 spaces per unit
theatre and cinema
1 for each 10 seats
all other commercial and industrial and
establishment not provided for herein
1 per 46 m² (495 sq. ft.) of gross floor area or
portion thereof
121
5.7
OFFSTREET LOADING
(a) Off-street loading spaces shall be provided such that a vehicle in the process of being
loaded or unloaded shall not project into a highway.
(b) Each off-street loading space shall be not less than 9.0 m (30 feet) in length, 3.5 m (12
feet) in width, nor have less than 4.0 m (13 feet) in height from the surface of the ground
at any point.
(c) No use may be undertaken in any zone unless the off-street loading requirements in this
bylaw have been met for that use.
(d) Any loading space and access to it within the same parcel shall be located as not to
interfere with street traffic, pedestrian traffic or customer parking.
(e) The number of off street loading spaces to be provided shall be consistent with Figure 7.
FIGURE 7
REQUIRED OFFSTREET LOADING SPACES
Use
Required Number of Spaces
Commercial
-
Buildings which have less than 500 m² of gross
floor area
Buildings which have between 500 m² to 2,000 m²
of gross floor area
-
Buildings which have more than 2,000 m² of gross
floor area
1
2
3
Industrial
-
Buildings which have less than 1,500 m² of gross
floor area
- Buildings which have between 1,500 and 3,000 m²
of gross floor area
-
Buildings which have more than 3,000 m² of gross
floor space
1
2
3
Institutional
-
Buildings which have less than 2,800 m² of gross
floor area
-
Buildings which have 2,800 m² of gross floor area
1
2
Residential
-
For every 2,000 m² of gross floor area used for
apartment units or townhouse units
1
122
PART 6
ADOPTION
6.1
EFFECTIVE DATE OF BYLAW
This Bylaw is in force from date of adoption.
INTRODUCED AND READ a first time this 28th day of April, 1997.
READ a second time this 28th day of April, 1997.
RE-READ a second time as amended this 9th day of March, 1998.
SUBMITTED TO PUBLIC HEARING this 13th & 14th day of May, 1997, and this 2nd day of June,
1997.
RE-SUBMITTED TO PUBLIC HEARING this 17th and 23rd day of March, 1998.
APPROVED by the Ministry of Transportation and Highways pursuant to Section 57 of the
Highways Act, this 8th day of May, 1997.
READ a third time this 30th day of March, 1998.
FINALLY PASSED AND ADOPTED this 30th day of March, 1998, rescinding Bylaw #1406 and
amendments thereto simultaneously.
G. M. Shatosky
MAYOR
Jennifer Bridarolli
CLERK
I hereby certify the foregoing to be the true
original copy of Bylaw No. 1750.
Page 123
LIST OF AMENDMENTS
Bylaw
Applicant
Property
Map / Text
Amendment
Adoption
Date
1750 - 1
55 Cokato Road
Lot B, DL 4589, Kootenay District Plan
14415
RR Rural Residential to R4
High Density
1998-03-30
1750-7
75 Cokato Road
Lots 1,2, KD Plan 14544
RR Rural Res. to R3 Med.
Density Res.
1998-03-30
1750-8
Castle Mtn. Road
Lot K, DL 4589, KD Plan 947
RR Rural Res. To R1 Single
Family Res.
1998-03-30
1750-9
1622 10th Avenue
Lots 7-9, Block 132, DL 4588, KD Plan
902
CS-1 Service Comm. To P1
Public Institutional
1750-10
1101&1111 2nd Ave
Parcel A (see 24118A) and B (see
260331 of Lot 1, Block 36, DL 4588,
KD Plan 734A and Lot 2, Block 36, DL
4588, KD Plan 734A
C3 Neighbourhood Commercial
to C1 Retail Commercial
1998-03-30
1750-13
Alpine Trails Mountain
Comm.
Parcel A (see 27684I) DL 4138, KD Plan
Except (1) Parcel 1 (ref. Plan 96482I)
and (2) Part included in Plan 13159 (3)
Part included in Plan 8271
As per map attached to
application
1998-03-30
1786
Amend #1
NR Developments
(Riverside Village)
Parcel A (see XJ11458) DL 5237, KD
Plan 1518
RR to R1, R1, R2 R3 and C-
Hwy
1998-07-13
1789
Amend #24
D. Marshall Projects
Riverside Mountain
Village
Lot 10, Plan NEP62953.
Lots 1-44, Plan NEP 64090 Plan 1, Plan
NEP65740.
Lots 1-2, KD Plan NEP62943
R-4
R1 to RR
R2 to RR
R2 to R3
2000-09-26
1794
Amend #3
Elk River Dev. Castle
Mtn. Dev.
Zoning of Castle Mountain Development
RR to R-MH, R1B, R2, R4, C2
& P2
1998-06-29
1796
Amend #4
City Initiated
_________
Maximum size for Gas bars
1998-06-22
1801
Amend #5
City Initiated
_________
Modular Homes / Manufactured
Homes
1998-08-24
1804
Amend #6
City Initiated
_________
Modular Homes/Manufactured
Homes
1998-10-26
1808
Amend #7
Maxine Wolf & City
1601 & 1621 7th Ave
Lots 1, 2 Block 30, DL 4588, Kootenay
District Plan 902
R1 to C-Hwy Commercial
1998-12-14
1810
Amend #8
North of the Border
Reducing the min. parcel area
for the rural res. Zone Section
4.2.7 from .809a(2 acres) to .403
ha (1 acre)
1999-05-25
1817
Amend #9
Schickedanz Bros.
Parcel A(XJII236) Block 130, DL 4588,
Kootenay District Plan 902
R1 to C-Hwy Commercial
1999-05-10
1818
Amend #10
City Initiated - Secondary
Suites
___________
Secondary Suites
2005-07-25
1820
Amend #11
Elk River Run
____________
RR and R4 and P1 to C-Hwy
Closed
1822
Amend #12
Schickedanz Properties
BC Ltd.
Lot 1, DL 4589, KD Plan NEP62291
R3 to R2
1999-05-10
1827
Amend #13
City Initiated
1392 8th Avenue
Lot 6, Block 107, Plan 902
R1 to R-MH
1999-06-14
Page 124
1828
Amend #14
City Initiated
592 3rd Avenue
Lot 11, Block 14,
Plan 734
(former Public
Library)
P1 to C1
1999-05-25
1829
Amend #15
557916 BC Ltd
____________
Professional Services
1999-05-25
1831
Amend #16
Elk River Developments Ltd.
Lot 6, DL 4589,
Plan NEP24151
(approx. 12.76 ha)
RR to R4
1999-06-14
1835
Amend #17
N.R. Developments
Lot 6, DL 5237,
KD Plan
NEP62943
R2 Duplex to R3 Multifamily
(med density)
1999-06-14
1856
Amend #18
N.R. Developments
Lot 12 Plan
NEP62943
Lot 13, Plan
NEP62943
Lot 2, Plan
NEP62943
Lots 3, 4, 5, Plan
NEP 62943
Delete R1
Private park to RR
R2 to RR
R3 to RR
Abandoned
1857
Amend #19
776787 Alberta Ltd.
Lots 12-14, Block
2, Plan 16113,
District Lot 5455
R1 to C-Hwy Commercial
2000-05-08
1859
Amend #20
City Initiated
Item 2.4.13
Gen Regulations 3.6.1 (b) /
Zoning Districts
2000-02-28
1860
Amend #21
K. & S Switzer
Lot 5, Block 26,
Plan 734, DL 4588
Delete R1 to CI
Failed
Passing
1861
Amend #22
Elk River Developments Ltd.
Part of Parcel 87
(see 139017) - I
and Part of Lot A,
Plan 9587, DL
4589
C2 form Parcel 87 and Part of
Lot A, to R3
2000-06-26
1869
Amend #23
Mary Mindek
Parcel B, Block
100, Plan 734B,
District Lot 4588
R1 to R2
Failed
Passing
1873
Amend #25
Focus Intec
Lot 2, DL 4589,
KD Plan
NEP21051
M1 to R3
2000-08-14
1874
Amend #26
City Initiated - Cemetery rezoning
Lot 6, KD Plan
NEP22339
R2 to P1
2000-08-14
1878
Amend #27
Gary Bisson
Lot 6, Block 116,
DL 4588, Kootenay
District Plan 902
R1 to C-Hwy
2000-11-23
1881
Amend #28
S. V. Ski Base
Lot 1, DL 4588,
KD 16348
P1 to C1
2000-11-14
1884
Amend #29
City Initiated
Highway
Commercial Zone
Establish a maximum building
size & separation
Abandoned
1886
Amend #30
Elk River Developments Ltd.
Lots L & M,
District Lot 4589,
KD 947
R1 to R-MH
2001-03-26
Page 125
1894
Amend #31
Keri Cheevers/Paul Travers
Lot 1, Block 117,
DL 4588, Kootenay
District Plan 902
R4 to R1
2001-06-25
1897
Amend #32
First Continental Minerals
Parcel A (see
XE24529) DL
4589, KD Plan
14910 Lot 4, 5, 6, 7
& 35
R1 to M1
Defeated
1899
Amend #33
City Initiated
Sale of good produced or
assembled by the home
occupation and retail sales
Abandoned
1901
Amend #34
City Initiated
Sign Amendments
Home occupation signage
On Hold
1905
Amend #35
First Continental Minerals
Parcel A (See
Xe24529) Lots 4,
5, 6, & 7
P2 and R1 to M1 and P2
Withdrawn
1908
Amend #36
#4 CRW Ventures Ltd.
(Bruce Kendall)
Permitted use in the
C2 Neighborhood
Commercial Zone
Car Wash text amendment
2002-03-25
1913
Amend #37
Schickedanz Properties
Coal Creek Golf
Commercial
Development
Permit Area
Deleting land use designation
of R1, R2, R3, P2 and RR and
replace with CD!
2002-07-22
1914
Amend #38
Victor Bossio
Permitted use in the
M1 Light Industrial
Zone
.4 not more than one (1)
dwelling unit accessory to a
permitted use
Abandoned
1921
Amend #39
Ing Developments
Abandoned
1938
Amend #40
Schickedanz Properties
Lot B, District Lot
4589, KD Plan
14415
Deleting R4 and replace with
R1
Abandoned
1945
Amend #41
Frank Leclair
901 8th Avenue
Lot 1, Block 81,
District Lot 4588,
Kootenay District
Plan 734A
Deleting P1 and replace with
R1
2003-07-02
1947
Amend #42
East Kootenay Credit Union - 1601-9th Ave
Lots 1, 2, 3, Block
132, District Lot
4588, Kootenay
District Plan 734A
Delete land use CS-1 replace
with C-Hwy
2003-07-28
1948
Amend #43
Pacesetter Developments
Rocky Mountain
Village - Cokato
Road
Text amendment re: rest
homes, senior's assisted living
complex
2003-10-27
1949
Amend #44
City Initiated
Block 12, Plan 734
- Courthouse
Delete land use P1 replace with
C1
Abandoned
1951
Amend #45
Focus Intec Silverado Group
Lots D, E, F, G and
H, District Lot
4589, Kootenay
District Plan 947
Delete land Use R1- and
Replace with R-1B
2004-02-12
1958
Amend #46
798509 Alberta Ltd.
Lot A, District Lot
4589, Kootenay
District Plan
NEP60850
Deleting land use R3 and
replace with R4
2004-03-22
Page 126
1963
Amend #47
City Initiated
Retail Commercial - .3
minimum setbacks
2011-01-24
1968
Amend #48
City Initiated
Including text amendment for
Condo Hotel etc...
2005-01-10
1969
Amend #49
Derek Mann - 601 5th Avenue
Lot 1, Block 49,
District Lot 4588,
Kootenay District
Plan 734A
Deleting R1 replace with R2
2005-01-10
1972
Amend #50
John Paone
Lot B, Kootenay
District Plan
NEP67695
Deleting RR and replace with
R3
2005-01-10
1974
Amend #51
City Initiated
Lot A, Kootenay
District Plan
NEP19452 and the
part of Closed
Road - Chamber of
Commerce
Deleting CS-1
2005-10-24
1976
Amend #52
United Communities
Abandoned
1978
Amend #53
United Communities
Abandoned
1981
Amend #54
Brenda Slack - 942 8th Avenue
Lot 13, Block 80,
District Lot 4588,
Kootenay District
Plan 734A
Delete C-Hwy and replace
with R2
2005-04-11
1983
Amend #55
Heiko Socher
Lot 1, District Lot
4588, Kootenay
District Plan 9882
except Plan
NEP67166
Delete Land use P-1 and
replace with R2
Repealed
1987
Amend #56
Fernie Golf Estates - Mike Delich
Lot 1, District Lot
4588, Kootenay
District Plan
NEP23356
R-3 to R-2
2005-05-09
1990
Amend #57
City Initiated
Independent School
- 2nd Avenue
1/2nd Reading rescinded
Abandoned
2005-05-24
1994
Amend #58
Blackstone Project
Lots 2, 3, 4, 6,
District Lot 4589,
Plan NEP22339,
Parcel 67, DL 4589
Except... (see
actual bylaw)
CD-1, LR-2 from M-1, RR and
P2
Abandoned
1998
Amend #59
Ing Developments
Lot A, District Lot
5237, Kootenay
District Plan
NEP70063
R-1B to RR
Repealed
2010-01-24
2001
Amend #60
Arthur Sombrowski
Independent
School, 2nd
Avenue
Independent School text
amendment
2005-09-12
Page 127
2004
Amend #61
Blackstone
Lots 2, 3, 4, 6,
District Lot 4589,
Plan NEP22339,
Parcel 67, DL 4589
Except... (See
actual Bylaw)
CD-1 sub area LR-2 from M-1
RR and P2 parks and open
space
2011-01-24
2006
Amend #62
City Initiated
Independent School
Rescinded 1st and 2nd Reading
Abandoned
2005-08-22
2007
Amend #63
City Initiated
Independent School
Independent School text
amendments
2005-09-12
2011
Amend #64
Ing. Developments
Lot 1, Plan
NEP68428 and
Plan NES2322
Add New Residential Zone
R2-SL / Defeated at 3rd
Reading
Defeated
2010-03-08
2012
Amend #65
Pamela Rosner
Abandoned
2014
Amend #66
Martin Dolemo / Bruce Abugov
Lot A, DL 4137
and 4138 KD
NEP65127 Except
Plan NEP65464.
Lot B, DL, 4137,
KD Plan
NEP65127 (Bossio
Property Parkland
Terrace)
Closed
2016
Amend #67
Igor Landa
(Did not move
forward)
Closed
2018
Amend #68
David Schafer
Lot 2, DL 4588,
KD Plan 11236,
except part
included in Plan
NEP19513
R-1 to R4
Denied
2019
Amend #69
Jim Harding / Canyon Peaks
Lot 1, District Lot
4138, Kootenay
District Plan
NEP78504
R-4 to R-2
2006-01-09
2023
Amend #70
Simon Howse
Old High school
CD-1 to CD-2
P-1 to CD-2
2006-02-27
2026
Amend 71
Abugov Kaspar
Bulova Resort Dev
Lot 1, District Lot
4589, Kootenay
District Plan
NEP64864 except
parts...(see actual
bylaw)
P-2 to R-3
2008-09-10
2031
Amend #72
Joe Pace/ Clark Weber
(Fleet Development)
392 4th Ave / 391 3rd Ave
Lot 6, Parcel A
(See 84349I) of Lot
7, both in Block 7,
DL 4588, KD Plan
734.
Lot 5, Block 7, DL
4588, KD Plan 734
P-1 to R-4
R-1 to R-2
2007-01-08
Page 128
2033
Amend #73
Fernie Brewing Co. / Russ Pask
Ghostrider
Subdivision - 26
Manitou Rd.
Lot 12, DL 4136,
KD Plan 12864
C-Hwy text amendment
2006-06-27
2043
Amend #74
Brian / Kelly Johnston
962 8th Avenue
Lot 12, Block 80,
DL 4588, KD Plan
734A
C-Hwy to R1--B
2007-02-02
2046
Amend #75
0764331 BC Ltd. -
132 Ridgemont Cres
Former C. L.
Salvador School
Site
P1 to R1--B
2007-04-10
2049
Amend #76
Matt Brazeau
350 Bossio Road
Lot B, DL 4137,
KD Plan
NEP65127
RR to R1B
2007-01-10
2051
Amend #77
Bruce Abugov / Kaspar
(Did not move
forward)
Closed
2011-01-14
2058
Amend #78
Clay Hailey/ Greenman Homes - 1192 11th Ave
Lot 6, Block 93,
DL 4588, KD Plan
902
R1-to R--2
2008-03-10
2061
Amend #79
City Initiated
461 9th Avenue
Lot 3, Block 59,
DL 4588, Kootenay
District Plan 734A
R-1 to R--2
2007-11-26
2064
Amend #80
Belay Enterprises
Mt. Fernie Park
Road - Anderson
Road
New CD-4 (Comprehensive
Development Zone)
2008-09-10
2065
Amend #81
Simon Howse - 901 Fernie Property Dev. Inc. No.
BC0744274
Lot 3, Block 29,
DL 4588, KD Plan
734. 941 3rd
Avenue
P1 - to R2
Did not
Move
Forward
2068
Amend 82
Adriane Ballinger
1042 11th Avenue
Lot 8, Block 88,
DL 4588, KD Plan
902
R-1 to R1B
2008-07-14
2074
Amend #83
Dryborough / Peake
441 9th Avenue
R-1 to R1B
2008-07-08
2077
Amend #84
Abugov/Kaspar/ IG Real Estate Advisors
Brickers Road -
DL 4136,
Reference Plan
7114-1
RR to R1-B & R-4 and High
Density Residential
Abandoned
2078
Amend #85
Pat Dwyer
1561 10th Avenue
Lots 4 & 5, Block
128, District Lot
4588, Kootenay
District, Plan 902
Adding a permitted use to
CS-1 zone
2009-01-12
2080
Amend #86
John Hughes
#17 Kutenai Road
Lot 1, District Lot
4136, Kootenay
District, Plan
NEP71764
Adding a permitted use to
CS-1 Zone
2008 -12-
15
2083
Amend #87
Abugov Kaspar
Lot A, DL 4589,
KD Plan
NEP62408
R-4 to CD-3 and that portion
of Lot 1, DL 4589, KD Plan
NEP64864 ... is rezoned from
P2 to Open Space Zone to CD-
3
2009-11-25
Page 129
2085
Amend #88
Reto Barrington
Glen Park
Management
CD-1 Comprehensive Dev
2009-03-06
2086
Amend #89
Marko Maryniak
1241 3rd Avenue
Lot 3, Block 41,
District Lot 4588,
KD Plan 734A
R1to R1B
2008-12-15
2088
Amend #90
Mike Stefano
845 4th Avenue
Lot 3, DL 4588,
Kootenay District,
Plan 16586
R3 to R1B
2009-04-27
2090
Amend #91
City Initiated
City wide
New R1SL - Single Family
Residential Small Lot Zone
created
2009-05-25
2098
Amend #92
Parastone Developments
902 2nd Avenue
A portion of Lot 1,
DL 4588, KD Plan
9882
P1 to R4
2009-09-14
2100
Amend #93
Jason Sauve
972 6th Avenue
Lots 8 and 9, Block
46, DL 4588,
Kootenay District
Plan 734A
R1 to R1B
2010-06-21
2107
Amend #94
Geoffrey / Amy Hare
Lot 3, Block 111,
DL 4588, KD 902
R1 to R1B
2009-09-14
2108
Amend #95
Jonathan / Eden MacGregor
701 4th Avenue -
Lot 1, Block 24,
DL 4588, KD Plan
734
R1 - R1SL
2009-09-14
2109
Amend #96
Simon Howse / Parastone on behalf of Heiko Socher
Lot 3, 4 and 5,
Block 29, DL 4588,
Kootenay District
Plan 734
P1 to R1B
2009-09-21
2110
Amend #97
Steve Klopzig
1492 12 Avenue
Lot 6, Block 120,
Plan 902
R1 to R1B
2010-05-25
2115
Amend #98
Clark Weber
391 4th Avenue
Lot 6, Block 7, DL
4588, KD Plan 734
(1st & 2nd Reading
Rescinded)
R4 to C1
(Withdrew Application)
2010-05-25
2116
Amend #99
Luke Nelson
691 5th Avenue
Lot 5, Block 49,
DL 4588, KD Plan
734A
R1- R1SL
2010-05-10
2117
Amend
#100
Thomas Ryan
Lot 4, Block 62,
DL 4588, Kootenay
District Plan 734A
R1 to R1SL
2010-04-26
2118
Amend
#101
City Initiated
Riverside Mtn.
Village - east of
River mount Place,
south of Riverside
Way and north of
Pinnacle Ridge
Development
Lot 1, District Lot 5237, KD,
Plan NEP68428 except Strata
Plan NES2322 (Phase 1) and
NEP77950 AND Strata Lots 1
to 16, DL 5237, KD, Strata
Plan NES2322 together with
an interest in the common
property in proportion to the
unit entitlement of the strata lot
as shown on Form V is
rezoned from R3 to R1SL
2013-08-26
Page 130
2121
Amend
#102
City Initiated
Lands comprising
the Coal Creek
Golf Resort
Community/ SE
Portion of the City
Coal Creek Golf Resort
2010-01-10
2125
Amend
#103
David Thompson
/ Lisa Murphy
1062 10th Avenue
Lot 7, Block 87,
District Lot 4588,
Kootenay District
Plan 902
R1 to R1B
2010-04-26
2016
Amend
#104
Daniel Marriot
701 10th Avenue
Lot 1, Block 73,
District Lot 4588,
Kootenay District
Plan 734A
R to R1B
2010-04-26
2127
Amend
#105
Rennie/ Jacquie Anderson
502 10th Avenue
Lot 10, Block 63,
District Lot 4588,
Kootenay District
Plan 734A
R1 to R1SL
2010-11-08
2128
Amend 106
Nicholas Hughes
1141 3rd Avenue
Lot 3, Block 37,
District Lot 4588,
Kootenay District
Plan 734A
R1 to R1SL
2010-05-25
2131
Amend
#107
City Initiated on behalf of (Rosalinda Pukalla)
992A 5th Avenue
Lot 6, Block 30,
District Lot 4588,
Kootenay District
Plan 734, Except
Parcel A (see
65436I)
R1 to R1SL
2010-06-28
2132
Amend
#108
Mark Vesely
952 5th Avenue
Lot 10, Block 46,
District Lot 4588,
Kootenay District,
Plan 734A
C-Hwy to R1SL
2010-07-12
2133
Amend
#109
City Initiated
City Wide
Remove signage text from
Zoning Bylaw
2010-07-12
2135
Amend
#111
Stuart Robbins & Ami Barras
1301 9th Avenue
Lot 1, Block 109,
District Lot 4588,
Kootenay District
Plan 902
R2 to R1SL
2011-04-26
2140
Amend
#110
Philip / Alison Gadd
1591 10th Avenue
Consolidated Lots
4/5 (see LB
271792) Block 128,
DL 4588, KD Plan
902
Add Section 4.2.11 CS-1
permitted uses "bakery without
on-site retail sales"
2010-10-25
2141
Amend
#112
Reto and Shelley Barrington
822 11th Avenue
Southern portion of
Lot 1, Block 79,
DL 4588, KD Plan
734A
R1 to R1SL
2010-11-04
2142
Amend
#113
David Ellis
661 8th Avenue
Lot 4, Block 66,
District Lot 4588,
Plan 734A
R1 to R1B
2011-01-24
2144
Amend
#114
City Initiated on behalf of Joseph / Shelley Aiello
622 4th Avenue
Parcel A (see
22224I) of Lot 9,
Block 19, District
R1 to R2
2011-05-24
Page 131
Lot 4588,
Kootenay District
Plan 734
2146
Amend
#115
Michael and Ann Ross
1302 12 Avenue
Lot 10, Block 111,
District Lot 4588,
Kootenay District
Plan 902
R1 to R1B
Defeated
2011-05-24
2147
Amend
#116
David Weckerly
for 0743134 BC
Abandoned
2148
Amend
#117
Simon Lewis
Withdrew
2011-03-01
2149
Amend #
Shoesmith Enterprises
Burma Road
Property
(Withdrew application)
Closed
2011-06-11
2150
Amend
#119
Lee/Karen Sims
151 2nd Avenue
Northern Portion of
Lot 4, Block 2,
District Lot 4588,
Kootenay District
Plan 734
R1 to R1SL
2011-06-27
2151
Amend
#120
Igor/Anna Landa
200 Burma Road
Block B, District
Lot 4137,
Kootenay District
Plan 1623 except
parts included in
Plans 13159,
13562, 13933 and
NEP60610
RR to R1B
RR to PP
RR to P2
2012-05-28
2152
Amend
#121
Dave Wagner
992 4th Avenue
Lot 6, Block 29,
District Lot 4588,
Kootenay District
Plan 734
R1 to R1B
2011-06-27
2153
Amend
#122
Brad/Jamie Carson
1202 2nd Avenue
Lot 20, Block 39,
District Lot 4588,
Kootenay District
Plan 734
R1 to R1SL
2011-04-11
2156
Amend
#123
City Initiated on behalf of Frank Chudik
632 4th Avenue
Lot 20, Block 39,
District Lot 4588,
Kootenay District
Plan 734B
R1 to R1SL
2011-04-11
2157
Amend
#124
Alan/Donna Maria Young
801 8th Avenue
Lot 1, Block 76,
District Lot 4588,
Kootenay District
Plan 734A
R1 to R1SL
2011-06-27
2159
Amend 125
Fernie Women's Centre
1592 10th Avenue
Lot 6, Block 127,
District Lot 4588,
Kootenay District,
Plan 902
CS1 to P1
Permitted use added for non-or
not for profit organization...
2011-07-25
2166
Amend
#126
City Initiated for Mervyn Carter
Lot 1, Block 34,
District Lot 4588,
Kootenay District
R1 to R1SL
2011-08-22
Page 132
Plan 734A Except
Parcel (see
33/42//42645A)
2167
Amend #
127
City Initiated - Shipping Containers
City Wide
Rescinded at 2nd Reading
2011-10-11
2168
Amend
#128
City Initiated - Beehives
Text amendment -
R1, R1B, RR, P1
and P2 Zoning
Districts
Beekeeping
2011-10-24
2171
Amend
#129
Heaven's Gate Holdings
Lot 1, District Lot
4589, Plan
NEP94642
Abandoned
2174
Amend #
130
Heaven's Gate Holdings
Lot A, District Lot
4589, Plan
NEP84640
Abandoned
2180
Amend
#131
Fernie Women's Resource & Drop-In Centre - 691A
4th Ave
Lot 5, Block 20,
District Lot 4588,
Kootenay District
Plan 734, except
Parcel A from P1 to
R1SL
P1 to R1SL
2012-04-23
2186
Amend
#132
City Initiated for Maude/Jody Weiner
Lot 7, Block 100,
District Lot 4588,
Kootenay District
Plan 734B
R1 to R1SL
2012-06-11
2187
Amend
#133
Glen B. Scott
1002 5th Avenue
Lot 10, Block 34,
District Lot 4588,
Kootenay District
Plan 734A
R1 to R1SL
2012-06-22
2188
Amend
#134
City Initiated on behalf of Darren & Gordon Leffler
Parcel 1 of Lot 6,
Block 34, District
Lot 4588,
Kootenay District
Plan 734A
R1 to R1SL
Abandoned
2189
Amend
#135
Reto Barrington
Lot A, District Lot
4588, Kootenay
District Plan
NEP91181
comprising approx.
11.9 hectares (29.4
acres)
RR to P2
2013-06-24
2192
Amend
#136
City Initiated
400 Bossio Road
Block A, District
Lot 4137,
Kootenay District
Plan 1623
RR to P2
2013-08-27
2194
Amend
#137
Vincent Barbaro
892 10th Avenue
Lot 6, Block 77,
District Lot 4588,
Kootenay District
Plan 734A
R1 to R1SL
2012-08-27
Page 133
2196
Amend
#138
Cory, Karla Hein
1522 2nd Avenue
Lot B, District Lot
4588, Kootenay
District Plan
EPP20649
R1 to R1SL
2012-11-26
2202
Amend
#139
Collin Woehl/ Christine Abela - 1092 9th Ave.
Lot 6, Block 84,
District Lot 4588,
Plan 734A
R1 to R1B
2013-05-13
2204
Amend
#140
Lindsay/Tom Kelley
1021 9th Avenue
Lot 2, Block 87,
District Lot 4588,
Kootenay District
Plan 902
R1 to R1B
2013-05-27
2205
Amend
#141
Mercier, Rick/Shirley
1022 8th Avenue
Lot 14, Block 83,
District Lot 4588,
Plan 734A
R2 to R1
2013-03-25
2206
Amend#142
Leffler Law Office
Lot 1, 2, 3-8, & 9,
District Lot 4138,
Kootenay District
Plan NES2856
Lot 1 - R3 to R2
Lots 2/3 - R3 to R1
Lots 4/5 - R3 to R1B
Lots 6-8 - R3 to R1SL
Part of Lot 9 - R3 to R2
2013-04-22
2207
Amend
#143
Jane Wilson
1102 11th Avenue
Lot 10, Block 93,
DL, 4588, Plan 902
R1 t0 R1B
Defeated at
third
reading
2013-05-13
2209
Amend
#144
Focus Corp
1201 6th Avenue
Lot 4, District Lot
4588, Kootenay
District Plan 2918
C1 to R1SL
Waiting on
demolition
of building
2210
Amend
#145
Ted Shoesmith
501 6th Avenue
Parcel A, Lot 1,
Block 51, DL 4588
R1 to R1SL
2013-04-22
2214
Amend #
146
Sarah McFarlane
Lot 2, Block 117,
District Lot 4588,
Kootenay District,
Plan 902
R4 to R1B
2013-08-12
2216
Amend
#148
Haworth Development Consulting Ltd.
The Cedars
Delete and replace Section
4.2.18 Comprehensive
Development Four Zone
2015-07-06
2217
Amend
#149
Jan/Peter Naccarato
Lot 3, Block 19,
District Lot 4588,
Kootenay District,
Plan 734
R1 to R3
2013-08-12
2219
Amend
#150
Mark Kover
762 3rd Avenue
Lot 12, Block 22,
District Lot 4588,
Kootenay District,
Plan 734
C1 - R1
2013-08-26
2225
Amend
#152
COF on behalf of Evelyn Mitchell
Lot 3 & 4 Block
36, District Lot
4588, Kootenay
District Plan- 734A
Lot 3 - C2 - R1SL
Lot 4 - R1 - R1SL
2013-09-09
2227
Amend
#153
Stephen Knudson
2 Alpine Trail Place
A portion of Strata
Lot 9, District Lot
4138, Kootenay
District, Strata Plan
NES2856
R2 to R1B
2013-10-28
Page 134
2229
Amend
#154
0781609 B.C. Ltd Inc. No. BC07841609
Brickers Road -
District Lot 4136,
Ref. Plan 7224-I
RR - R1 | RR to R3
RR - R4 | CS-1 - P2
2014-05-12
2230
Amend
#155
Vaughn Lessard
992 6th Avenue
Lot 6, & 7, Block
46, District Lot
4588, Kootenay
District, Plan 734A
Lot 6 R1 - R1SL
Lot 7 - R1 - R1SL
Withdrew
Application
2232
Amend
#156
Simon Howse
Lot 1, District Lot
4589, Kootenay
District, Plan
NEP64864, ,
Except Plans
NEP65011,
NEP66454 and
EPP17633
P2 - R1B
Withdrew
Application
2235
Amend
#157
Peacock Hospitality Group
Super 8 Hotel
(West Fernie)
Withdrew
Application
2237
Amend
#158
Igor Landa
Block B, District
Lot 4137,
Kootenay District
Plan, 1623, Except
Parts Included in
Plans 13159,
13562, 13933 and
NEP60610
Block B, District
Lot 4137,
Kootenay District,
Plan 1623, Except
Plans Included in
Plans 13159,
13562, 13933 and
NEP 60610
RR - R1B
RR - P2
2014-05-26
2239
Amend
#159
Focus Corp - Reg. owner 0845419 Parastone
Development
Whitetail Drive /
Lot A, District Lot
4589, Kootenay
District, Plan 9887,
Except Plans
NEP22339,
NEP62291,
NEP62407,
NEP62408,
NEP64706,
NEP64864,
NEP65351,
NEP66828 and
NEP66830
Parcel 87
(see
139017I,
District Lot
4589,
Kootenay
District,
Except Plans
6273, 6724
6726,6912,
6913, 9301,
9393,12703,
13080,
14415,
15270,
NEP20274,
NEP22339,
NEP62291,
NEP62407,
Comp Dev.
One Zone, Sub
Area MU2 -
Comp. Dev.
One Zone, Sub-
Area DR1
Comp. Dev.
One Zone, Sub-
Area RA1 -
Comp. Dev.
One Zone, Sub-
Area DR1
2014-03-24
Page 135
NEP62408,
NEP64864,
NEP66820,
NEP66830
and
NEP91126
2240
Amend
#160
Gabriella Hogan
791 9th Avenue
Lot 2, Block 72, District Lot, 4588,
Plan734A
R1 - R1SL
2014-03-24
2241
Amend
#161
Richard Fraser
592 9th Avenue
Lot 6, Block, 62, District Lot 4588,
Plan 734A
R1- R1B
2014-06-09
2242
Amend
#162
Christine Lefebvre / Trent Allen 1101 - 11th Avenue
Lot 1, Block 94, District Lot, 4588,
Plan 902
R1 - R1SL
Withdrew
Application
2243
Amend
#163
Doreen Hughes
1191 2nd Avenue
Lot B, District Lt 4588, Kootenay
District Plan 7893
C1 - R1
2014-06-23
2244
Amend
#164
Larsen Whelan /
Scarpelli - Armstrong
Parcel A (See XH1812), Block 32,
District Lot 4588, Kootenay
District, Plan 734A
R1- R1B
2014-07-28
2245
Amend
#165
Laura May Nelson
Lot 5, Block 34, DL 4588, KD Plan
734A
R1-R1SL
2014-08-14
2248
Amend #
166
Dr. D.R.Vinge Optometric Corp
Parcel C (see XK2605), Block 100,
DL 4588, KD, Plan 734B
R1- R1SL
2014-08-14
2249
Amend
#167
William James & Jacqueline Arling
Lot 10, Block 96, DL 4588, KD,
Plan, 902
R2- R1B
2014-08-14
2252
Amend
#168
Montane Dev. Ltd. Inc. No. BC0936724
Whitetail Drive
Waiting on update from
Engineering
Special Area
Policy Area -
CD1 Subzones
Map
2014-10-09
2258
Amend #
169
Yvonne May & Jake Christiansen
642 8th Avenue - Lot 7, Block 65,
District Lot 4588, Kootenay
District Plan 734A
R1 to R1SL
2014-10-27
2262
Amend
#170
City Initiated
822 6th Avenue Lot 13, Block 47,
District Lot 4588, Kootenay
District Plan 734A
R1 to R1SL
2014-10-27
2264
Amend
#172
Stacey Goldade /
Noel VanOostenbrugge
C-Hwy Highway Commercial
zoned properties in the City of
Fernie
Allow
permitted uses
of barber shops
and beauty
parlours
2015-01-26
2266
Amend#173
Mike/Colleen Sansom
521 5th Avenue
Lot 2, Block 50, District Lot 4588,
Kootenay District, Plan 734A,
R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2015-05-11
Page 136
2271
Amend
#174
City Initiated
C-Hwy - Highway Commercial
zoned properties in the City of
Fernie
Add a
permitted use
to the list of
uses and an
accessory use
to the list of
accessory uses
and other text
amendments.
2015-03-09
2275
Amend
#176
Jenny and Kirk Gutzman
1301 - 10th Avenue
Lot 1, Block 110, District Lot
4588, Kootenay District, Plan 902
R2 - Duplex
Residential to
R1B - Single
Detached Plus
Residential
2015-05-11
2281
Amend #
177
Mathew Harold Bennett
Lot 4, Block 71, District Lot 4588,
Kootenay District, Plan 734A
R1 - Single
Family to R1B
Single
Detached Plus
Residential
2015-09-14
2282
Amend #
178
0937657 B.C. Ltd. No. BC0937657 (Barrington)
RV Park - Old Gymkhana Grounds
P2 Parks and
Open Space
zoned in the
City of Fernie
2015-10-01
2292
Amend #
179
Ralph Eckman / Alexis Panko
722A and 722B 3rd Avenue
Lot A & B, District Lot 4588, KD
Plan 10710
C1 - Retail
Commercial to
R2 - Duplex
Residential
2016-05-09
2293
Amend #
180
David Hozjan o/b Bart and Cynthia Davies
686 sq Metre portion of Lot A, DL
4137 & 4138/ KD, Plan
NEP65127, Except Plan NEP
65464
RR- Rural
Residential to
R1- Single
Family Res.
2016-06-11
2301
Amend #
182
Brad Annis and Sondra Pollock
Lot 3, Block 23, DL 4588, KD Plan
734
R4 - Multiple
Family
Residential
(High Density)
to R1B -
Single
Detached Plus
Residential
2016-10-11
2302
Amend
#183
1059386 BC Ltd.
C-Hwy Highway Commercial
zoned properties
Sec. 4.2.10 C-
Hwy
Subsection .2
.31 sale and
display of up to
three modular
or MF homes
or comb
thereof.
2016-11-02
2303
Amend
#184
Fernie Distillers Inc. Inc. No. BC1079802
Lot 4 and Lot 5, Block 13, District Lot 4588,
Kootenay District, Plan 734 only, Distillery
That Section 2.4.1 be deleted
That Section 2.4.2 be deleted, and the following
substituted therefore: In this Bylaw:
That the numbering of the defined terms as set out in
Section 2.4, commencing with "1." and including
2017-01-23
Page 137
"172." be deleted.
That "DISTILLERY" be added in alphabetical order
under Section 2.4 DEFINITIONS as set out below:
DISTILLERY means:
A building, or portion thereof, utilized 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. The
manufacturing component shall not exceed 140
square metres.
That the following be added to Section 4.2.8.2
Permitted Uses:
.33 in addition to the permitted uses herein, on Lot 4
and Lot 5, Block 13, District Lot 4588, Kootenay
District, Plan 734 only, Distillery
2306
Amend
#185
Kurt and Amber Biberdorf
Lot 4, Block 77, DL 4588, KD Plan
734A
Single Family
Residential to
R1B
Single Family
Detached Plus
Residential
2016-12-12
2322
Amend
#186
Parastone Development Inc.
Lot 1, District Lot 4589, Kootenay
District, Plan NEP92508, Except
Plans EPP55349 and EPP72587
Comprehensive
Development
One Zone, Sub
- Area MU2 to
Comprehensive
Development
One Zone, Sub
Area DR1
Detached
Residential
One
&
Comprehensive
Development
One Zone, Sub-
Area LR1 -
Leisure
Recreation One
to
Comprehensive
Development
One Zone, Sub-
Area DR1 -
Detached
Residential
&
Comprehensive
2017-09-11
Page 138
Development
One Zone, Sub-
Area LR2 -
Leisure
Recreation
Two to
Comprehensive
Development
One Zone, Sub-
area DR1 -
Detached
Residential
One.
2323
Amend
#187
Patrick and Dayna Lidster
Lot 7, Block 25, District Lot 4588,
Kootenay District, Plan 734
C1 Retail
Commercial to
R1B Single
Detached Plus
Residential
2017-10-30
2324
Amend
#188
City Initiated
Entire city
2017-10-30
2327
Amend
#189
Lost Boys Distilling Company
Lot 1, District Lot 4588, Kootenay
District, Plan NEP68219
The following
be added to
Section
4.2.10.2
Permitted Uses:
.32 in addition
to the permitted
uses herein, on
Lot 1, District
Lot 4588,
Kootenay
District, Plan
NEP68219
only, Distillery.
2018-04-09
2328
Amend
#190
Jamie Gillissie and Amy Wyatt
1461 8th Avenue - Lot 4, Block
117 District Lot 4588, Kootenay
District, Plan 902
R4 Multiple
Family
Residential to
R1B Single
Detached Plus
Residential
2018-01-08
2330
Amend
#192
Karina and Marcus Oclee
602-5th Avenue - Lot 10, Block 20,
District Lot 4588, Kootenay
District, Plan 734
R1 Single
Family
Residential to
R1B Single
Detached Plus
Residential
2018-01-22
2334
Amend
#194
Strata NES 2929 - Pinnacle Ridge Townhomes
Strata Plan NES2929 - 41
Rivermount Place
R3 Medium
Density
Residential to
2018-01-22
Page 139
R3-R Medium
Density
Residential
2339
Amend
#197
Gerald and Deborah LeBlanc
21 Elkview Crescent - Lot 1,
District Lot 4588, Kootenay
District, Plan NEP22218
P2 - Parks and
Open Space to
R1 - Single
Family
Residential
2018-05-14
2341
Amend
#197
City of Fernie
West Fernie
Incorporate
West Fernie
into the City's
regulatory
framework
2018-06-25
2345
Amend
#200
Cinch Homes
Lot 1, DL4589 Kootenay District
PL NEP66830
R3 Medium
Density
Residential to
R1SL Single
Family
Residential
Small Lot
2018-07-09
2353,
Amend
#201
Robin and Helen Siggers
Lot 1, District Lot 4588, Kootenay
District, Plan 10936
R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2018-09-24
2354
Amend
#202
Parastone Development
Addition of new sub-area: DR2 -
Detached Residential Two; Amend
existing sub-area: LR2- Leisure
Recreation Two; Designate areas
for the DR2, LR2 AND MU1 Sub
Areas
CD1 -
Comprehensive
Development
Zone One
2018-11-26
2356
Amend
#203
Daniel and Jaime McDonald
Lot 6, Block 23, District Lot 4588,
Kootenay District, Plan 734
R1 - Single
Family
Residential to
R1SL - Single
Family
Residential
Small Lot
2018-09-24
2357
Amend
#204
Ross Edward Allsopp
1482.75 square meter portion of
Lot A, District Lot 4588, Kootenay
District, Plan NEP75706
R1 - Single
Family
Residential to
R4 - Multiple
Family
Residential
High Density
2018-09-24
2359
Amend
#205
Arling Consulting (on behalf of Snow Valley Motel
Ltd)
Entire City
Change the
definition of
Motel to
include model
RVs as a
permitted
accommodation
2018-09-24
Page 140
unit, where no
more than 50%
of all
accommodation
units for the
motel are Park
Model RVs;
amend parking
requirements;
confirm
allowable
parking
distance from
the highway
2360
Amend
#206
Bob Langfield
Lot A and Lot B, District Lot 4588,
Kootenay District, Plan NEP90283
R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2018-09-24
2329
Amend
#191
The Cedars Community Development
Portions of District Lot 5237,
Kootenay District
Re-zone
portions of the
land from Sub-
Zine OS1 -
Open Space to
Sub-Zone R1B
- Single
Detached Plus
Residential
2019-02-11
2364
Amend
#208
Simon Mark LeFrancois and Ani Lee
741 - 4th Avenue
R1 - Single
Family
Residential to
R1SL - Single
Family
Residential
Small Lot
2019-02-11
2365
Amend
#209
Sharon Kelly
18 Park Avenue
R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2019-02-11
2340
Amend
#198
Reto Barrington
Entire City
Amend the
definitions in
Section 2.4 for
Manufactured
Home, Park
Model Trailer,
and
Recreational
Vehicle
2019-02-25
Page 141
2374
Amend
#210
Steven and Denyse LeNeveu
1502 - 9th Avenue
Amend
permitted uses
to allow two
dwelling units
above the first
storey of the
building
2019-05-13
2377
Amend
#211
Fernie Family Housing Society
1301 - 4th Avenue
Amend zoning
from P1 -
Public
Institutional
Zone to CD5 -
Comprehensive
Development
Five Zone
2019-05-27
2378
Amend
#212
Brady Whitson and Ben Voysey
1671 - 11th Avenue
Amend zoning
from R1 -
Single Family
Residential to
R1SL Single
Family
Residential
Small Lot
2019-06-24
2380
Amend
#213
Doug and Maren Koran
1102 - 3rd Avenue
Amend zoning
from R1 -
Single Family
Residential to
R1SL Single
Family
Residential
Small Lot
2019-08-26
2381
Amend
#214
Jikke and Zoltan Gyorki
Entire City
Amend RR
Rural
Residential to
include
regulations for
secondary
dwelling units
2019-08-26
2382
Amend
#215
Iain Davidson
1141 - 9th Avenue
Amend zoning
from R1 -
Single Family
Residential to
R1B - Single
Detached Plus
Residential
2019-08-26
2384
Amend
#216
Andrew Gulyas
702 - 8th Avenue
Amend zoning
from R1 -
Single Family
Residential to
R1SL Single
Family
Residential
Small Lot
2019-10-15
Page 142
2387
Amend
#217
City of Fernie
Entire City
Regulations for
the use of
Shipping
Containers
2020-05-25
2391
Amend
#220
Marcie Stull
492 - 6th Avenue
Amend zoning
from R1 -
Single Family
Residential to
R1SL Single
Family
Residential
Small Lot
2020-01-27
2398
Amend
#223
Brent and Paige Dykslag
541 - 10th Avenue
Amend zoning
from R1 -
Single Family
Residential to
R1B - Single
Detached Plus
Residential
2020-05-25
2237
Amend
#158
Igor Landa
Block B, District Lot 4137,
Kootenay District Plan, 1623,
Except Parts Included in Plans
13159, 13562, 13933 and
NEP60610
Block B, District Lot 4137,
Kootenay District, Plan 1623,
Except Plans Included in Plans
13159, 13562, 13933 and NEP
60610
RR - R1B
RR - P2
2014-05-26
2239
Amend
#159
Focus Corp - Reg. owner 0845419 Parastone
Development
Whitetail Drive /
Lot A, District Lot
4589, Kootenay
District, Plan 9887,
Except Plans
NEP22339,
NEP62291,
NEP62407,
NEP62408,
NEP64706,
NEP64864,
NEP65351,
NEP66828 and
NEP66830
Parcel 87
(see
139017I,
District Lot
4589,
Kootenay
District,
Except
Plans 6273,
6724
6726,6912,
6913, 9301,
9393,12703,
13080,
14415,
15270,
NEP20274,
NEP22339,
NEP62291,
NEP62407,
NEP62408,
NEP64864,
NEP66820,
NEP66830
Comp Dev. One
Zone, Sub Area
MU2 - Comp.
Dev. One Zone,
Sub-Area DR1
Comp. Dev. One
Zone, Sub- Area
RA1 - Comp.
Dev. One Zone,
Sub-Area DR1
2014-03-24
Page 143
and
NEP91126
2240
Amend
#160
Gabriella Hogan
791 9th Avenue
Lot 2, Block 72, District Lot,
4588, Plan734A
R1 - R1SL
2014-03-24
2241
Amend
#161
Richard Fraser
592 9th Avenue
Lot 6, Block, 62, District Lot
4588, Plan 734A
R1- R1B
2014-06-09
2242
Amend
#162
Christine Lefebvre / Trent Allen 1101 - 11th Avenue
Lot 1, Block 94, District Lot,
4588, Plan 902
R1 - R1SL
Withdrew
Application
2243
Amend
#163
Doreen Hughes
1191 2nd Avenue
Lot B, District Lt 4588, Kootenay
District Plan 7893
C1 - R1
2014-06-23
2244
Amend
#164
Larsen Whelan /
Scarpelli - Armstrong
Parcel A (See XH1812), Block
32, District Lot 4588, Kootenay
District, Plan 734A
R1- R1B
2014-07-28
2245
Amend
#165
Laura May Nelson
Lot 5, Block 34, DL 4588, KD
Plan 734A
R1-R1SL
2014-08-14
2248
Amend #
166
Dr. D.R.Vinge Optometric Corp
Parcel C (see XK2605), Block
100, DL 4588, KD, Plan 734B
R1- R1SL
2014-08-14
2249
Amend
#167
William James & Jacqueline Arling
Lot 10, Block 96, DL 4588, KD,
Plan, 902
R2- R1B
2014-08-14
2252
Amend
#168
Montane Dev. Ltd. Inc. No. BC0936724
Whitetail Drive
Waiting on update from
Engineering
Special Area
Policy Area -
CD1 Subzones
Map
2014-10-09
2258
Amend #
169
Yvonne May & Jake Christiansen
642 8th Avenue - Lot 7, Block 65,
District Lot 4588, Kootenay
District Plan 734A
R1 to R1SL
2014-10-27
2262
Amend
#170
City Initiated
822 6th Avenue Lot 13, Block
47, District Lot 4588, Kootenay
District Plan 734A
R1 to R1SL
2014-10-27
2264
Amend
#172
Stacey Goldade /
Noel VanOostenbrugge
C-Hwy Highway Commercial
zoned properties in the City of
Fernie
Allow permitted
uses of barber
shops and beauty
parlors
2015-01-26
2266
Amend#173
Mike/Colleen Sansom
521 5th Avenue
Lot 2, Block 50, District Lot
4588, Kootenay District, Plan
734A,
R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2015-05-11
2271
Amend
#174
City Initiated
C-Hwy - Highway Commercial
zoned properties in the City of
Fernie
Add a permitted
use to the list of
uses and an
accessory use to
the list of
accessory uses
2015-03-09
Page 144
and other text
amendments.
2275
Amend
#176
Jenny and Kirk Gutzman
1301 - 10th Avenue
Lot 1, Block 110, District Lot
4588, Kootenay District, Plan 902
R2 - Duplex
Residential to
R1B - Single
Detached Plus
Residential
2015-05-11
2281
Amend #
177
Mathew Harold Bennett
Lot 4, Block 71, District Lot
4588, Kootenay District, Plan
734A
R1 - Single
Family to R1B
Single Detached
Plus Residential
2015-09-14
2282
Amend #
178
0937657 B.C. Ltd. No. BC0937657 (Barrington)
RV Park - Old Gymkhana
Grounds
P2 Parks and
Open Space
zoned in the City
of Fernie
2015-10-01
2292
Amend #
179
Ralph Eckman / Alexis Panko
722A and 722B 3rd Avenue
Lot A & B, District Lot 4588, KD
Plan 10710
C1 - Retail
Commercial to
R2 - Duplex
Residential
2016-05-09
2293
Amend #
180
David Hozjan o/b Bart and Cynthia Davies
686 sq Metre portion of Lot A,
DL 4137 & 4138/ KD, Plan
NEP65127, Except Plan NEP
65464
RR- Rural
Residential to
R1- Single
Family Res.
2016-06-11
2301
Amend #
182
Brad Annis and Sondra Pollock
Lot 3, Block 23, DL 4588, KD
Plan 734
R4 - Multiple
Family
Residential
(High Density)
to R1B - Single
Detached Plus
Residential
2016-10-11
2302
Amend
#183
1059386 BC Ltd.
C-Hwy Highway Commercial
zoned properties
Sec. 4.2.10 C-
Hwy
Subsection .2
.31 sale and
display of up to
three modular or
MF homes or
comb thereof.
2016-11-02
2303
Amend
#184
Fernie Distillers Inc. Inc. No. BC1079802
Lot 4 and Lot 5, Block 13, District Lot 4588, Kootenay
District, Plan 734 only, Distillery
That Section 2.4.1 be deleted
That Section 2.4.2 be deleted, and the following
substituted therefore: In this Bylaw:
That the numbering of the defined terms as set out in
Section 2.4, commencing with "1." and including
"172." be deleted.
That "DISTILLERY" be added in alphabetical order
under Section 2.4 DEFINITIONS as set out below:
DISTILLERY means:
A building, or portion thereof, utilized 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. The manufacturing
2017-01-23
Page 145
component shall not exceed 140 square metres.
That the following be added to Section 4.2.8.2
Permitted Uses:
.33 in addition to the permitted uses herein, on Lot 4
and Lot 5, Block 13, District Lot 4588, Kootenay
District, Plan 734 only, Distillery
2306
Amend
#185
Kurt and Amber Biberdorf
Lot 4, Block 77, DL 4588, KD
Plan 734A
Single Family
Residential to
R1B
Single Family
Detached Plus
Residential
2016-12-12
2322
Amend
#186
Parastone Development Inc.
Lot 1, District Lot 4589,
Kootenay District, Plan
NEP92508, Except Plans
EPP55349 and EPP72587
Comprehensive
Development
One Zone, Sub -
Area MU2 to
Comprehensive
Development
One Zone, Sub
Area DR1
Detached
Residential One
&
Comprehensive
Development
One Zone, Sub-
Area LR1 -
Leisure
Recreation One
to
Comprehensive
Development
One Zone, Sub-
Area DR1 -
Detached
Residential
&
Comprehensive
Development
One Zone, Sub-
Area LR2 -
Leisure
Recreation Two
to
Comprehensive
Development
One Zone, Sub-
area DR1 -
Detached
Residential One.
2017-09-11
Page 146
2323
Amend
#187
Patrick and Dayna Lidster
Lot 7, Block 25, District Lot
4588, Kootenay District, Plan 734
C1 Retail
Commercial to
R1B Single
Detached Plus
Residential
2017-10-30
2324
Amend
#188
City Initiated
Entire city
2017-10-30
2327
Amend
#189
Lost Boys Distilling Company
Lot 1, District Lot 4588,
Kootenay District, Plan
NEP68219
The following be
added to Section
4.2.10.2
Permitted Uses:
.32 in addition to
the permitted
uses herein, on
Lot 1, District
Lot 4588,
Kootenay
District, Plan
NEP68219 only,
Distillery.
2018-04-09
2328
Amend
#190
Jamie Gillissie and Amy Wyatt
1461 8th Avenue - Lot 4, Block
117 District Lot 4588, Kootenay
District, Plan 902
R4 Multiple
Family
Residential to
R1B Single
Detached Plus
Residential
2018-01-08
2330
Amend
#192
Karina and Marcus Oclee
602-5th Avenue - Lot 10, Block
20, District Lot 4588, Kootenay
District, Plan 734
R1 Single
Family
Residential to
R1B Single
Detached Plus
Residential
2018-01-22
2334
Amend
#194
Strata NES 2929 - Pinnacle Ridge Townhomes
Strata Plan NES2929 - 41
Rivermount Place
R3 Medium
Density
Residential to
R3-R Medium
Density
Residential
2018-01-22
2339
Amend
#197
Gerald and Deborah LeBlanc
21 Elkview Crescent - Lot 1,
District Lot 4588, Kootenay
District, Plan NEP22218
P2 - Parks and
Open Space to
R1 - Single
Family
Residential
2018-05-14
2341
Amend
#197
City of Fernie
West Fernie
Incorporate West
Fernie into the
City's regulatory
framework
2018-06-25
2345
Amend
#200
Cinch Homes
Lot 1, DL4589 Kootenay District
PL NEP66830
R3 Medium
Density
Residential to
R1SL Single
Family
2018-07-09
Page 147
Residential
Small Lot
2353
Amend
#201
Robin and Helen Siggers
Lot 1, District Lot 4588,
Kootenay District, Plan 10936
R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2018-09-24
2354
Amend
#202
Parastone Development
Addition of new sub-area: DR2 -
Detached Residential Two;
Amend existing sub-area: LR2-
Leisure Recreation Two;
Designate areas for the DR2, LR2
AND MU1 Sub Areas
CD1 -
Comprehensive
Development
Zone One
2018-11-26
2356
Amend
#203
Daniel and Jaime McDonald
Lot 6, Block 23, District Lot
4588, Kootenay District, Plan 734
R1 - Single
Family
Residential to
R1SL - Single
Family
Residential
Small Lot
2018-09-24
2357
Amend
#204
Ross Edward Allsopp
1482.75 square meter portion of
Lot A, District Lot 4588,
Kootenay District, Plan
NEP75706
R1 - Single
Family
Residential to R4
- Multiple
Family
Residential High
Density
2018-09-24
2359
Amend
#205
Arling Consulting (on behalf of Snow Valley Motel
Ltd)
Entire City
Change the
definition of
Motel to include
model RVs as a
permitted
accommodation
unit, where no
more than 50%
of all
accommodation
units for the
motel are Park
Model RVs;
amend parking
requirements;
confirm
allowable
parking distance
from the
highway
2018-09-24
2360
Amend
#206
Bob Langfield
Lot A and Lot B, District Lot
4588, Kootenay District, Plan
NEP90283
R1 - Single
Family
Residential to
R1B - Single
Detached Plus
2018-09-24
Page 148
Residential
2329
Amend
#191
The Cedars Community Development
Portions of District Lot 5237,
Kootenay District
Re-zone portions
of the land from
Sub-Zine OS1 -
Open Space to
Sub-Zone R1B -
Single Detached
Plus Residential
2019-02-11
2364
Amend
#208
Simon Mark LeFrancois and Ani Lee
741 - 4th Avenue
R1 - Single
Family
Residential to
R1SL - Single
Family
Residential
Small Lot
2019-02-11
2365
Amend
#209
Sharon Kelly
18 Park Avenue
R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2019-02-11
2340
Amend
#198
Reto Barrington
Entire City
Amend the
definitions in
Section 2.4 for
Manufactured
Home, Park
Model Trailer,
and Recreational
Vehicle
2019-02-25
2374
Amend
#210
Steven and Denyse LeNeveu
1502 - 9th Avenue
Amend
permitted uses to
allow two
dwelling units
above the first
storey of the
building
2019-05-13
2377
Amend
#211
Fernie Family Housing Society
1301 - 4th Avenue
Amend zoning
from P1 - Public
Institutional
Zone to CD5 -
Comprehensive
Development
Five Zone
2019-05-27
2378
Amend
#212
Brady Whitson and Ben Voysey
1671 - 11th Avenue
Amend zoning
from R1 - Single
Family
Residential to
R1SL Single
Family
Residential
Small Lot
2019-06-24
2380
Amend
Doug and Maren Koran
1102 - 3rd Avenue
Amend zoning
from R1 - Single
2019-08-26
Page 149
#213
Family
Residential to
R1SL Single
Family
Residential
Small Lot
2381
Amend
#214
Jikke and Zoltan Gyorki
Entire City
Amend Section
4.2.10 RR Rural
Residential to
include
regulations for
secondary
dwelling units
2019-08-26
2382
Amend
#215
Iain Davidson
1141 - 9th Avenue
Amend zoning
from R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2019-08-26
2384
Amend
#216
Andrew Gulyas
702 - 8th Avenue
Amend zoning
from R1 - Single
Family
Residential to
R1SL Single
Family
Residential
Small Lot
2019-10-15
2387
Amend
#217
City of Fernie
Entire City
Regulations for
the use of
Shipping
Containers
2020-05-25
2391
Amend
#220
Marcie Stull
492 - 6th Avenue
Amend zoning
from R1 - Single
Family
Residential to
R1SL Single
Family
Residential
Small Lot
2020-01-27
2392
Amend
#221
Shoesmith Construction
118 Burma Road
Amend side yard
setback
regulation for
principal
buildings in the
RR - Rural
Residential Zone
by striking out
7.5m (24.6 ft)
and inserting
3.0m (9.8 ft).
Amend side yard
setback for
2020/05/11
Page 150
accessory
buildings in RR
- Rural
Residential Zone
Accessory
building striking
out 7.5m (24.6
ft) and inserting
3.0m (9.8 ft)
2398
Amend
#223
Brent and Paige Dykslag
541 - 10th Avenue
Amend zoning
from R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2020-05-25
2401
Amend #
225
Ryland Nelson
1001 - 9th Avenue
Amend zoning
from R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2020-08-10
2402
Amend
#226
Craig & Mel Mackay
521 - 6th Avenue
Amend zoning
from R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2020-08-10
2404
Amend
#227
Bradley Parsell & Avril Morris
1092 - 10th Avenue
Amend zoning
from R1 - Single
Family
Residential to
R1SL Single
Family
Residential
Small Lot
2020-08-10
2409
Amend
#228
Bradley Bodie
752 - 3rd Avenue
Amend zoning
designation from
C1 - Retail
Commercial
Zone to R1SL
- Single Family
Residential
Small Lot
2020-10-26
2410
Amend
#230
1126122 BC Ltd.
90 Castle Mountain Road
Add R-5R -
Multi-Family
Residential
Rental zone to
the bylaw and
rezone 90 Castle
2021-03-08
Page 151
Mountain Road
from CD1 -
Comprehensive
Development
One (RA1 -
Resort
Accommodation
One Subzone) to
R-5R - Multi-
Family
Residential
Rental
2412
Amend
#231
Mike and Amy DeMarchi
901 - 10th Avenue
Amend the
zoning from R1
- Single Family
Residential Zone
to R1SL
- Single Family
Residential
Small Lot
2021-02-22
2413
Amend
#232
Haworth Consulting obo 1386860 Alberta Ltd.
Lots 15C, 16C & 16D Block 3 DL
5455 - McLeod Avenue
Amend the
zoning from R-
WF1 - Low
Density
Residential West
Fernie Steep
Slope to R-WF -
Low Density
Residential West
Fernie
2021-03-08
2416
Amend
#233
Gerald LeBlanc & Deborah LeBlanc
21 Elkview Crescent
Amend zoning
from R1 - Single
Family
Residential to
R1B - Single
Detached Plus
Residential
2021-02-22
2417
Amend
#234
Chad Weyman & Lynda Weyman
Lot 2 Mammoth Drive
Amend zoning to
single detached
dwelling
including
Modular Home
(except
Manufactured
Home)
2021-02-22
2421
Amend
#235
Ing Developments 2009 Ltd.
Lot B DL 5237 - Riverside
Amend Section
2.4: Definitions,
by deleting the
definition for
SECONDARY
SUITE. Insert
new section 4.2.6
R2-RS - Duplex
2021-08-09
Page 152
Residential -
Riverside.
Amend zoning
from R1SL -
Single Family
Residential
Small Lot Zone
to R2-RS -
Duplex
Residential -
Riverside Zone
2422
Amend
#236
Yvonne Marie Prest
392 6A Avenue
Amend zoning
from R4 -
Multiple Family
Residential
(High Density)
Zone to R1SL -
Single Family
Residential
Small lot
2021-04-26
2425
Amend
#239
Andrea Gignac and Patrice Grenier
641- 8th Avenue
Amend zoning to
from R1 - Single
Family
Residential Zone
to R1B
- Single
Detached Plus
Residential
2021-05-10
2426
Amend
#240
Emmet Graham
662 - 9th Avenue
Amend zoning
from R1 - Single
Family
Residential Zone
to R1B
- Single
Detached Plus
Residential
2021-05-10
2427
Amend
#241
Chris Costello and Shannon Sewell
1102 and 1112 - 2nd Avenue
Amend the
zoning from R1
- Single Family
Residential Zone
to R1B
- Single
Detached Plus
Residential
2021-06-28
2441
Amend
#247
Haworth obo Montane Dev.
Montane Development
Amend map
titled Special
Policy Area:
CD1 Sub-Areas
Map, City of
Fernie Zoning
Bylaw No. 1750
to apply the sub-
zone
2022-06-13
Page 153
designations
described in
Schedule 'A'.
2443
Amend
#248
Lori G Bradshaw & Douglas Greenhalgh
822 - 10th Avenue
Amend zoning
from R1 - Single
Family
Residential Zone
to R1B - Single
Detached Plus
Residential
2021-11-22
2444
Amend
#249
Kim and Ryan Maleta
67 Slalom Drive
Amend zoning
from RMH -
Modular Home
Residential Zone
to R1SL - Single
Family
Residential
Small Lot
2021-11-22
2445
Amend
#250
Duncan Maisels
1501 - 10th Avenue
Delete Section
4.2.15 in its
entirety and
replace it with
amended Section
4.2.15
2022-01-24
2447
Amend
#251
Jillian Rutherford & Andrew Haden
1341 - 10th Avenue
Amend zoning
from R2 -
Duplex
Residential Zone
to R1B - Single
Detached Plus
Residential Zone
2022-01-24
2448
Amend
#252
Heather Crowley & Darren Minifie
762 - 3rd Avenue
Amend zoning
from R1 -
Single Family
Residential Zone
to R1B - Single
Detached Plus
Residential
2022-02-15
2453
Amend
#253
Reto Borrington
7 Kutenai Road
Delete Section
4.2.15 in its
entirety and
replace it with
amended Section
4.2.15
2022-02-15
2454
Amend
#254
Gordon Sombrowski & Arthur Sombrowski
15 Park Crescent
Amend zoning
from R1 -
Single Family
Residential Zone
to R1B - Single
Detached Plus
Residential.
2022-03-14
2455
Amend
Steven LeNeveu, Michael LeNeveu, Denyse LeNeveu
1502 - 9th Avenue
Delete Section
4.2.15 in its
2022-02-15
Page 154
#255
entirety and
replace it with
amended Section
4.2.15
2463
Amend
#256
Russ & Nadine Samycia
322 - 4th Avenue
Amend zoning
from R1 -
Single Family
Residential Zone
to R1B - Single
Detached Plus
Residential
2022-05-09
2464
Amend
#257
Kyle & Jerri-Lynn Brennan
1522 - 11th Avenue
Amend zoning
from R1 -
Single Family
Residential Zone
to R1B - Single
Detached Plus
Residential.
2022-06-13
2472
Amend
#259
Steven Blair & Colette Forer
1142 - 3rd Avenue
Amend zoning
from R1 -
Single Family
Residential Zone
to R1B - Single
Detached Plus
Residential
2022-10-11
2482
Amend
#262
Darcy & Paula Evoy
1221 - 8th Avenue
Amend zoning
from R2 -
Duplex
Residential Zone
to R1B - Single
Detached Plus
Residential Zone
2023-04-11
2486
Amend
#263
Pat Toronchuk obo Global Seismic Consultants Ltd
1360 McLeod Avenue
Amend zoning
from R-WF -
Low Density
Residential West
Fernie to R1SL
- Single Family
Residential
Small Lot
2023-08-08
2488
Amend
#264
Kevin Cullen
20 Elkview Drive
Amend zoning
from R1 -
Single Family
Residential to
R1B - Single
Detached Plus
Residential
2023-05-23
2499
Amend
#269
Carter Ruff obo Broadstreet Properties (1145314 B.C.
LTD)
190 Whitetail Drive
Delete Section
4.2.24 in its
entirety and
replace it with
amended Section
2023-12-19
Page 155
4.2.24, CD3
Zone to facilitate
a multi-family
rental project
2507
Amend
#271
Nathan & Erin Carter
1292 - 4th Avenue
Amend zoning
from R1 -
Single Family
Residential to
R1SL - Single
Family
Residential
Small Lot
2024-05-14
2511
Amend
#274
Brent and Tricia Fichter
1362 - 8th Avenue
Amend zoning
from R1 -
Single Family
Residential to
R1B - Single
Detached Plus
Residential
2024-05-14
2517
City of Fernie
Entire City
Small Scale
Multi Unit
Housing,
reformat
numbering,
amend Schedule
A, B, C, D and
E.
2024-06-11
2522
City of Fernie
692 3rd Avenue
Amend zoning
designation from
P1 - Public
Institutional to
C1 - Retail
Commercial
2024-07-16
2477
Parastone Developments Ltd.
Replace CD1
zone.
2523
Jason Suave
50, 52, 54, 56 and 58 Rivermount
Place
Amend zoning
from R3 -
Medium Density
Residential to
RSS - Small
Scale
Residential
2536
City of Fernie
Prentice Park
Amend a portion
of zoning map
for property
from P2 to P1
2549
190 Whitetail Drive
Amend a portion
of zoning map
for property
from CD-3 to R-
SS
Page 156
2551
City of Fernie
Amendment response to
additional SMMUH changes
Adjust R-SS
zone, R-MH
zone, and RR
zone to comply
with legislative
changes.