Zoning Bylaw No. 2039, 2018 (Consolidated to Amendment 37)

Grand Forks, British Columbia

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Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 1 of 62 THE CORPORATION OF THE CITY OF GRAND FORKS ZONING BYLAW NO. 2039, 2018 A bylaw to regulate land use in the City of Grand Forks. ZONING BYLAW 2039, 2018 CONSOLIDATED FOR CONVENIENCE Amendments A1-A37 Last Updated: Wednesday, July 24, 2024 NOTICE TO USERS This office consolidation is not an authoritative text of the law and is produced solely as a convenience to the user. The authoritative text of the law is in the original bylaw and the amending bylaw(s). INCLUDING THE FOLLOWING BYLAWS: Bylaw No. Adopted Cited As: Description Amendment Type 2039- A1 Jul 23, 2018 Zoning Bylaw Amendment Bylaw No. 2039-A1, 2018 Cannabis Text 2039- A2 Jun 10, 2019 Zoning Bylaw Amendment Bylaw No. 2039-A2, 2019 A bylaw to rezone to CD-1 for a mobile home park on north Boundary Drive. Text 2039- A3 Feb 11, 2019 Zoning Bylaw Amendment Bylaw No. 2039-A3, 2019 Community Use; Definition-Single-family dwelling; allow types of dwellings; animal hospitals; professional services. Text 2039- A4 Jul 15, 2019 Zoning Bylaw Amendment Bylaw No. 2039-A4, 2019 A bylaw to rezone from R1 to R4 for agricultural purposes (8th Street North). Map 2039- A5 Jun 10, 2019 Zoning Bylaw Amendment Bylaw No. 2039-A5, 2019 A bylaw to rezone a 5- acre subdivision from R4A to CU to permit parking lot expansion for Hutton School. Map 2039- A6 Defeated - Jun 10, 2019 Zoning Bylaw Amendment Bylaw No. 2039-A6, 2019 A bylaw to rezone 4 City owned lots on 70th Avenue to Community Use (CU). N/A Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 2 of 62 Bylaw No. Adopted Cited As: Description Amendment Type 2039- A7 Aug 12, 2019 Zoning Bylaw Amendment Bylaw No. 2039-A7, 2019 A bylaw to rezone a parcel from R1 to R2. Map 2039- A8 Sep 16, 2019 Zoning Bylaw Amendment Bylaw 2039-A8, 2019 A bylaw to rezone a parcel from HC to TC Map 2039- A9 **Abandoned** Zoning Bylaw Amendment Bylaw 2039-A9, 20xx Miscellaneous zoning amendments. N/A 2039- A10 Jan 13, 2020 Zoning Bylaw Amendment Bylaw 2039-A10, 2019 A bylaw to rezone 1711 77th Avenue from R-1 to R-2 Map 2039- A11 Deferred 25-11-2019 Zoning Bylaw Amendment No. 2039- A11, 2019 A bylaw to add definitions for Extreme Weather Response Shelter, Emergency Shelter, Transitional Housing and Supportive Housing to the zoning bylaw. Also, a bylaw to identify the zones where the above uses are permitted as either principal uses or accessory uses. N/A 2039- A13 Jul 20, 2020 Zoning Bylaw Amendment Bylaw No. 2039-A13 Definitions, Charitable or non-profit food service. Text 2039- A14 Aug 31, 2020 Zoning Bylaw Amendment No. 2039- A14, 2019 R-1 to R-2 - 2288 75th Map 2039- A15 Feb 14, 2022 Zoning Bylaw Amendment Bylaw 2039-A15 A bylaw to subdivide and rezone to HC - 2811 Central Avenue (2826 75th Avenue) Map 2039- A16 Jan 11, 2021 Zoning Bylaw Amendment Bylaw 2039-A16, 2020 A bylaw to rezone to NC - Parcel C, Block 45, 21st Street. Allocated 2020/11/02 Map 2039- A17 Jan 11, 2021 Zoning Bylaw Amendment Bylaw 2039-A17 Bylaw Enforcement Officer; groundwater quality land use impact; Text; Map 2039- A18 Jun7, 2021 Zoning Bylaw Amendment Bylaw 2039-A18 Rezone from R1 to R3 - 7355 7th Street Map 2039- A19 Oct 4, 2021 Zoning Bylaw Amendment Bylaw 2039-A19 Rezone R1 to R2 - 18th Street and Columbia Drive Map Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 3 of 62 Bylaw No. Adopted Cited As: Description Amendment Type 2039- A20 Feb 14, 2022 Zoning Bylaw Amendment Bylaw 2039-A20 A bylaw to rezone Lot 3 on 72nd Avenue (OIB) - R1 to R2 Map 2039- A21 Apr 11, 2022 Zoning Bylaw Amendment Bylaw 2039-A21 A bylaw to rezone 2545 Central Avenue - R1 to Highway Commercial Map 2039- A22 Jul 11, 2022 Zoning Bylaw Amendment Bylaw 2039-A22 A bylaw to rezone 2345- 68th Avenue - R1 to R2 Map 2039- A23 Sep 20, 2022 Zoning Bylaw Amendment Bylaw 2039-A23 A bylaw to rezone 7650 20th Avenue. Lot 520, Lot 13, and Lot 14.- R1 to R2 Map 2039- A24 Defeated - Aug 15, 2022 Zoning Bylaw Amendment (Site Specific Uses - Neighbourhood Commercial) No. 2039- A24 A bylaw to amend the City of Grand Forks Zoning Bylaw No.2039 (U-Haul) N/A 2039- A25 Sep 20, 2022 Zoning Bylaw Amendment (Site- specific Uses - R-3 Residential) Bylaw No. 2039-A25 A bylaw to amend the City of Grand Forks Zoning Bylaw No. 2039, 2018 (Cat Shelter) Text - Site Specific 2039- A26 Sep 20, 2022 Zoning Bylaw Amendment Bylaw 2039-A26 A bylaw to rezone 7117- 7186 Riverside Drive (Earth Lodge) - R3 to CU Map 2039- A27 Sep 20, 2022 Zoning Bylaw Amendment Bylaw 2039-A27 A bylaw to rezone Lot A. 72nd Avenue - TC to R3 Map 2039- A28 Jul 17, 2023 Zoning Bylaw Amendment Bylaw 2039-A28 Allow 2 dwellings in R4 - 40 Morrisey Creek Rd Text - Site Specific 2039- A29 Jun 26, 2023 Zoning Bylaw Amendment Bylaw 2039-A29 R1 to R2 - 1730 68th Ave Map 2039- A30 Aug 14, 2023 Zoning Bylaw Amendment Bylaw 2039-A30 RV Text 2039- A31 May 6, 2024 Zoning Bylaw Amendment Bylaw 2039-A31 A bylaw to amend the City of Grand Forks Zoning Bylaw No. 2039 (1866 Central, Tesla) Text; Map 2039- A32 **Abandoned** Zoning Bylaw Amendment Bylaw 2039-A32 N/A 2039- A33 **Abandoned** Zoning Bylaw Amendment Bylaw 2039-A33 Add table "Designation of Zones" N/A Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 4 of 62 Bylaw No. Adopted Cited As: Description Amendment Type 2039- A34 On hold by applicant Zoning Bylaw Amendment Bylaw 2039-A34 7739 18th Street - R1 to R2 N/A 2039- A35 Jul 15, 2024 Zoning Bylaw Amendment Bylaw 2039-A35 A bylaw to update requirements for off-street parking and fees in the Core Commercial zone. Text 2039- A36 Jul 15, 2024 Zoning Bylaw Amendment Bylaw 2039-A36 Allow 3 dwellings in R4 - 40 Morrisey Creek Rd Text - Site Specific 2039- A37 Jul 15, 2024 Zoning Bylaw Amendment Bylaw 2039-A37 R1 to R2 - 1780 68th Ave Map Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 5 of 62 Table of Contents PART I - TITLE ............................................................................................................................. 8 1 Citation ................................................................................................................................ 8 PART II - INTERPRETATION ...................................................................................................... 8 2 Definitions ........................................................................................................................... 8 PART III - ADMINISTRATION .................................................................................................... 17 3 Application ......................................................................................................................... 17 4 Compliance ....................................................................................................................... 17 5 Non-Conforming Uses ....................................................................................................... 17 6 Administration ................................................................................................................... 17 7 Violation ............................................................................................................................ 17 8 Penalty .............................................................................................................................. 18 9 General ............................................................................................................................. 18 10 Bylaw Amendment Process ........................................................................................... 18 11 Metric Units .................................................................................................................... 19 PART IV GENERAL REGULATIONS ......................................................................................... 20 12 Application of General Regulations ................................................................................ 20 13 Accessory Buildings - Proximity to Principal Use ........................................................... 20 14 Agricultural Land Reserve Lands ................................................................................... 20 15 Development on Hazardous or Unstable Lands ............................................................ 20 16 Access to Arterial Highways .......................................................................................... 20 17 Garages Attached to a Principal Building ...................................................................... 20 18 Height Exceptions .......................................................................................................... 20 19 Home Occupations ........................................................................................................ 20 20 Home Industries ............................................................................................................. 21 21 Mobile Homes and Mobile Home Parks ......................................................................... 21 22 Garden Suites ................................................................................................................ 21 23 Tiny House on Wheels ................................................................................................... 21 24 Minimum Parcel Size Exceptions ................................................................................... 22 25 Offstreet Loading ........................................................................................................... 22 26 Offstreet Parking ............................................................................................................ 22 27 Permitted Use Exceptions .............................................................................................. 25 28 Screening and Fencing .................................................................................................. 25 29 Secondary Suites ........................................................................................................... 25 30 Setback Area Exceptions ............................................................................................... 25 31 Storage of Derelict Vehicles ........................................................................................... 26 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 6 of 62 32 Strata Parcels Siting Requirements ............................................................................... 26 33 Visibility .......................................................................................................................... 26 PART V CREATION OF ZONES ................................................................................................ 28 34 Definitions of Zones ....................................................................................................... 28 35 Locations of Zones ......................................................................................................... 28 PART VI ZONES ......................................................................................................................... 29 36 R-1 (Residential - Single & Two Family) Zone .............................................................. 29 37 R-1A (Residential - Single Family) Zone ....................................................................... 30 38 R-1B (Residential Care) Zone ........................................................................................ 31 39 R-2 (Residential - Small Lot) Zone ................................................................................ 32 40 R-3 (Multi-Family Residential) Zone .............................................................................. 33 41 R-3A (Compact Multi-Family Residential) Zone ............................................................. 34 42 R-4 (Rural Residential) Zone ......................................................................................... 35 43 R-4A (Rural Residential) Zone ....................................................................................... 37 44 R-5 (Mobile Home Park) Zone ....................................................................................... 38 45 AUC (Adaptive Use Commercial) Zone ......................................................................... 39 46 NC (Neighbourhood Commercial) Zone ........................................................................ 40 47 HC (Highway Commercial) Zone ................................................................................... 41 48 CC (Core Commercial) Zone ......................................................................................... 42 49 TC (Tourist Commercial) Zone ...................................................................................... 43 50 I-1 (Light Industrial) Zone ............................................................................................... 44 51 I-2 (General Industrial) Zone .......................................................................................... 45 52 I-3 (Value Added Industrial) Zone .................................................................................. 46 53 I-4 (Gravel/Mineral Processing) Zone ............................................................................ 47 54 LF (Landfill) Zone ........................................................................................................... 48 55 AP (Airport Industrial) Zone ........................................................................................... 49 56 CU (Community Use) Zone ............................................................................................ 50 57 Cannabis Production, Processing and Distribution Overlay (CPO) ............................... 51 58 Cannabis Retail Overlay (CRO) ..................................................................................... 52 59 CD (Comprehensive Development) Zones .................................................................... 53 Schedule "A-1" Development Areas ........................................................................................... 56 Schedule "A-2" Concept Plan ..................................................................................................... 57 Schedule "A-3" Landscape Plan ................................................................................................. 58 Schedule "A-4" Site Plan ............................................................................................................. 59 60 Incorporation .................................................................................................................. 60 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 7 of 62 Schedule A Land Use Zoning Map ............................................................................................. 61 Schedule "A-1" Cannabis Land Use Overlay Map ...................................................................... 62 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 8 of 62 THE CORPORATION OF THE CITY OF GRAND FORKS Zoning Bylaw No. 2039, 2018 A Bylaw to Regulate Land Use in the City of Grand Forks ================================================================== In accordance with the Local Government Act, Council may establish land use regulations by bylaw. The Council of the Corporation of the City of Grand Forks in open meeting assembled ENACTS as follows: PART I - TITLE 1 Citation 1.1 This Bylaw may be cited for all purposes as the "City of Grand Forks Zoning Bylaw No. 2039, 2018" PART II - INTERPRETATION 2 Definitions 2.1 In this Bylaw, unless the context otherwise requires: Accessory or Accessory Use means a use, building or structure that is incidental or subordinate to, and exclusively devoted to and located on the same parcel as a principal use, building or structure. Aisle means an area used by registered motor vehicles for access to and from off- street parking spaces onto a highway and shall not be less than 7 metres in width. Animal Hospital means a building or part thereof provided for the prevention, cure and alleviation of disease and injury to animals and includes shelter for animals within the building or on the grounds, during their period of treatment and recovery. Attached means a building or structure connected by way of continuous foundation, walls or roof. Average Finished Grade means: The rough grading elevation as identified on a lot grading plan, where such a plan has been approved by the City; or Where there is no approved lot grading plan, the lowest of the average levels of finished ground elevations adjoining each exterior wall of a building or structure determined by averaging elevations taken at the outermost corners of the building or structure, excluding localized depressions for vehicular or pedestrian access. Finished ground elevations include fill materials placed on the lot to raise the ground elevation up to but not above the average elevation of adjoining lots at the adjoining lot lines, or to the required flood construction level. Bed And Breakfast means a home occupation that offers a maximum of 3 bedrooms, for rent to the travelling public by the registered owner of the dwelling. The primary use of the dwelling is for the principal residence of the owner. Campground means an area of land, managed as a unit, which provides short term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 9 of 62 Cannabis Retail means any fixed retail space licenced to sell recreation cannabis by the provincial government. Cannabis Production, Processing or Distribution space means any facility licenced federally for the purposes of cannabis cultivation, nursery, or processing, or licenced provincially for wholesale and distribution of cannabis products. Charitable or non-profit food service means an establishment where meals are provided to the public by a non-profit or charitable organization on a regular basis, but excludes occasional fundraisers and special events. Within this definition, meals include both food cooked and prepared onsite; as well as, food pre-cooked or prepared offsite and brought to the site to be distributed. Commercial Recreation Facility means a building or structure, designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. Community Events Centre means the use of land, buildings or facilities to include but not limited to the following: passive or active recreational activities; educational activities; arts and culture activities and events; convention, conference, meeting and business events; society and group gatherings and events. Community Garden means a site operated on a not-for-profit basis by volunteers where: a parcel of land is used to produce edible and ornamental plants and trees for the personal use of its members or community use though allotments of garden space or shared plots; demonstration gardening or other instructional programming may be offered; and the use of plots, greenhouses, storage sheds, accessory buildings and the provision of services such as water, tilling and shared tools may be provided to members. Community Sewage means a system of sewage collection and disposal serving two or more parcels. Community Use Service(S) means the use of land, buildings or facilities for the following purposes: community sponsored and funded passive or active recreational activities; community sponsored and funded educational activities; health activities, which includes congregate care facilities, intermediate care facilities, personal care facilities and hospitals; or any combination of the above. Community Water means a system for the distribution of fresh potable water serving two or more parcels. Congregate Care means housing in the form of one or more dwelling units for semi- independent persons within which is provided living and sleeping facilities, meal preparation, laundry services and room cleaning. A congregate care facility may also include such associated uses and services as administrative offices for that facility, on-site residential accommodation for support staff, transportation for residents and counselling services. A congregate care facility provides only limited on-site health care services. Bylaw 2039-A1 Bylaw 2039-A1 Bylaw 2039-A13 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 10 of 62 Convenience Store means a commercial operation where merchandise and foodstuffs are offered for retail sale. This operation may contain a banking machine or a postal outlet. Day Care Centre means a public or private facility providing educational enrichment and custodial care to young children and are licensed by the appropriate jurisdictions. Density means a measure of the intensity of development to the area of the site, expressed as the number of units per area /site or as floor area. Dwelling units are calculated as follows: greater than 90 square meters floor area equals one unit; 29 square meters and up to 90 square meters floor area equals 0.7 units; and Less than 29 square meters floor area equals 0.3 units. Derelict Vehicle means any vehicle which has not been licensed pursuant to the Motor Vehicle Act for a period of more than 12 months and which is not housed in a garage or carport. Domestic Cat Shelter means a lot, building, or structure, or part thereof, used for providing care, shelter, veterinary services, adoption services, or rehabilitation to lost, abandoned, or neglected domestic cats, but does not include an animal hospital for other animals or kennel for any animals. Dwelling Unit means a building or a part of a building in which a person(s) live(s). This means one or more rooms are to be used as or designed as a residence, which contains sleeping, cooking and sanitary facilities and has an independent entrance, either directly from outside a building or from a common hallway inside a building. Without restricting the generality of the above, this includes but is not limited to the following classifications: Single-family dwelling, detached, generally designed for and occupied by one family; Two-family dwellings, attached, semi attached or detached and of equivalent floor area; Three family dwellings meaning any physical arrangement of three attached or detached dwelling units with exterior access to grade; Multi-family dwellings, commonly referred to as either townhouses if attached or a 'pocket neighbourhood' if detached; Apartments, for rent to the public or for private uses. The private use of apartments may also be used as on-site security or watchperson's quarters for industrial uses; Mobile home, a transportable factory built single family dwelling designed to provide year-round living accommodation for one family and able to be connected to utility services, manufactured after June 1, 1989, in conformity with the CAN/CSA-Z240 MH Series. Accessory Dwelling Unit (ADU) is an independently habitable dwelling unit including a locking entrance door, intended to enable the creation of additional housing units while respecting the look and scale of the principle dwelling or dwellings on the property, and includes: i. a Secondary Suite, contained within the primary dwelling, and occupying the lesser of 40% of the floor area of the principle dwelling or 90 square metres; ii. a Garden Suite, subordinate to and detached from the primary dwelling and occupying a maximum of 90 square metres. Tiny House on Wheels is a dwelling unit on wheeled chassis, greater than 12 square meters and less than 29 square metres designed to be used as a full-time Bylaw 2039-A1 Bylaw 2039-A3 Bylaw 2039-A25 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 11 of 62 residence in this climate. Ecological Reserve means land used or intended to be used for the preservation of the environment or for scientific research and education pertaining to studies in the inter-relationships between species and the behaviour of unique flora and fauna. Emergency Response and Municipal Services means a use providing the public with fire, police and/or ambulance services. Equestrian Centre means the use of lands, buildings, or structures for the boarding of horses, the training of horses and riders, and the staging of equestrian events, but does not include the commercial racing of horses. Exterior Side Parcel Line means a side parcel line that abuts a highway. Please see the Parcel Definition Diagram No. 1 and the Setback/Height Definition Diagram No. 2. Farm Operation (Animal) means the growing, rearing, producing of poultry, fowl, livestock or game farm animals for commercial purposes. Farm Operation (Crop) means the growing, rearing, producing or harvesting of agricultural or specialty crops, for commercial purposes. Fencing or Landscape Screening means a fence, wall, berm or other similar like barriers or any combination thereof, that effectively obstructs the view or denies physical access to a parcel of land or portion thereof. Floor Area means the aggregate of the area of all floors in a building, measured between the inside surface of the exterior walls of the building, excluding the following: carports, parking garages, and sundecks. Front Parcel Line means a front parcel boundary that abuts a highway, and in respect of a corner parcel is the shortest parcel boundary abutting a highway. Please see the Parcel Definition Diagram No. 1 and the Setback/Height Definition Diagram No. 2. Height (of a building or structure) means: (a) the vertical distance from the average finished grade level or from the flood construction level as defined in the Grand Forks Floodplain Bylaw as amended or replaced from time to time, (b) recorded at the outermost corners of a building or structure to the highest point of a structure, (c) excluding structures placed on the roof for the protection of Heating, Ventilation and Cooling, maintenance of elevator mechanisms or similar purposes (please see Setback/Height Definition Diagram No. 2). Highway includes a street, road, lane, bridge, viaduct, government road allowances and any other way open to the use of the public, but does not include a private right-of- way on private property. Home Industry means an occupation or profession that may include outdoor storage and accessory retail sales, carried out in a dwelling or accessory building, by the residents of the dwelling, where such occupation or profession is incidental or secondary to the residential use of the subject property. Home Occupation means an occupation or profession that may include accessory retail sales, carried out in a dwelling, by the residents of the dwelling, where such occupation or profession is incidental or secondary to the residential use of the subject property. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 12 of 62 Hotel means a building wherein accommodation is provided primarily for the travelling members of the public on a daily rental basis. Access to the accommodation is through the main lobby of the business operation. The accommodation may or may not include an on-site kitchenette. The building may or may not contain any of the following services: one or more restaurants; one or more liquor licensed rooms; one or more banquet rooms; one or more meeting rooms; and recreational facilities. Interior Side Parcel Line means a side parcel line that is not common to a highway other than a lane or walkway. Please see the Parcel Definition Diagram No. 1 and the Setback/Height Definition Diagram No. 2. Kennel means a commercial establishment for the keeping, breeding, or training of domestic pets. Lane means a highway, generally 10 metres in width or less, providing secondary access to a parcel of land; Liquor Licensed Premises means any building, structure or premises licensed to sell alcohol or spirits, under the Liquor Control and Licensing Act and it may or may not include the selling of food or the providing of entertainment. Lot Area means the total area of a parcel of land taken in a horizontal plane. Lot Area Coverage means the area of the lot covered by buildings or structures, and parking if specified, expressed as a percentage of the gross lot area. Manufacturing Facilities means a building, structure or a parcel of land used for the making of articles or products by either physical labour or with machinery or a combination of both methods. This excludes the following activities: asphalt plants; pulp and /or paper manufacturing facility. Mobile Home Park means 3 or more mobile homes on a parcel of land, but does not include the storage of unoccupied mobile homes on the parcel; Motel means a building or buildings where accommodation is provided primarily for the travelling members of the public on a daily rental basis. Access to the accommodation is directly from the operation's off-street parking lot. The accommodation may or may not include an on- site kitchenette. The building(s) may or may not contain any of the following services: one or more restaurants; one or more liquor licensed rooms; one or more banquet rooms; one or more meeting rooms; and recreational facilities. Municipal Services means a system, work or resource, including but not limited to natural gas distribution, electricity, sewerage, community waterworks, and telephone services. Open Fencing means fencing, which is constructed of wire, chain linking or other material that does not present visual obstruction. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 13 of 62 Parcel Of Land means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway. Personal Service Establishment means a business where personal services are provided to consumers and where the retail sale of goods, wares, merchandise or articles is only accessory to the provisions of such services, without restricting the generality of the above, this includes but is not limited to the following: barber shops; beauty shops; tailor shops; laundry; dry-cleaning establishments; shoe repair shops; dressmakers or suit makers; catering establishments. Principal Use means a use, building or structure, which occupies the major or central portion of a parcel and constitutes, the primary purpose for which the parcel is used; Professional Services means the provision of services by an individual who is registered or duly licensed as such to practice under the provisions of the authority of appropriate jurisdiction. Without restricting the generality of the above, this includes but is not limited to the following: doctors and dentists; lawyers; accountants; engineers; surveyors; financial advisors; architects; and other similar professionals. Rear Parcel Line means the boundary of a parcel that lies the most opposite to and is not connected to the front parcel line. Please see the Parcel Definition Diagram No. 1 and the Setback/Height Definition Diagram No. 2. Recreational Vehicle means any camper, vehicle, trailer, fifth wheel, house, car, structure or conveyance designed to travel or to be transported on the highways and constructed or equipped to be used as temporary living or sleeping quarter by travelers. Religious Centre means a building or structure dedicated to religious worship and may include accessory uses such as a day-care centre, an assembly hall, a library, arts and craft sales, community suppers, sales of pre-owned goods and an accessory dwelling for a caretaker. Restaurant means a building or structure where food and drink is prepared and sold to the public for consumption. This food and drink may be eaten within or outside of the building or structure or taken away from the building or structure. Does not include Charitable or Non-Profit Food Service. Salvage Yard means the use of land for the abandonment, collection, demolition, dismantlement, keeping, storage, salvage, or sale of used, discarded, worn out or scrapped machinery, vehicles, vehicle parts, scrap metal, scrap wood, chains, used pipes, waste paper, furniture, bottles, cans, rope, iron, copper or other scrap or discarded materials. Seniors Housing means a single building designed to provide accommodation for up to a maximum of 14 senior citizens and may include common eating and social activity areas for the Bylaw 2039-A13 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 14 of 62 use of the residents, administration facilities and a maximum of one additional dwelling unit in the form of a self-contained apartment within the building for the use of a caregiver and the caregiver's family. Senior Citizens Complex means any building or structure, which contains more than 3 senior citizen dwelling units. This building or structure include private or central kitchen facilities, private or common eating areas, common recreational areas, private sleeping areas and accessory facilities such as clubs or lounges. Setback means the minimum distance required under this Bylaw between a building or structure and each of the specified parcel lines (Setback/Height Diagram No. 2); Side Parcel Line means a parcel line other than a front or rear parcel line (Parcel Definition Diagram No. 1 and the Setback/Height Definition Diagram No. 2). Youth-Centered Facility means any school, daycare, playground, community garden, recreation facility or other facility designed for use primarily by minors. Value Added Wood Processing means either: a shift away from the standardized high-volume basic wood commodity products produced, with the focus being upon the development of new products or manufacturing techniques that are tailor made for a specific sector of the market; or a forestry manufacturing activity that generates more jobs from the same raw material sources used for the development of the standardized high-volume basic wood products. Watchperson's Quarters means a dwelling unit that may be provided for the use of one person and their immediate family, who is providing on-site security services. Bylaw 2039-A1 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 15 of 62 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 16 of 62 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 17 of 62 PART III - ADMINISTRATION 3 Application 3.1 This bylaw applies to all the land, surface of water, buildings and structures within the boundaries of the City of Grand Forks. 4 Compliance 4.1 No land including the surface of water, building or structure shall be subdivided, used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with this bylaw. 5 Non-Conforming Uses 5.1 Non-conforming uses of land, buildings and structures, the current siting, size or dimensions of existing buildings or structures, off-street parking areas and loading spaces shall be governed by the Local Government Act. 5.2 Where the use and density of a building or structure conform to this Bylaw but the size, shape or dimensions, or siting of a building or structure or portions thereof does not conform with this Bylaw, and was lawfully constructed prior to the enactment of the prohibition in this Bylaw, the building or structure or portions thereof may be repaired, extended or altered subject to the Local Government Act and the British Columbia Building Code, provided that: The building or structure does not encroach on public property or public right of way; The repair, extension or alteration would when completed involve no further contravention of the Bylaw than that existing at the time the repair, extension or alteration was started except where the repair, extension or alteration is permitted or authorized through a Council approved variance. 5.3 Lots in existence prior to the adoption of this bylaw do not have to comply with the minimum lot size requirement subject to compliance of all other provisions of this bylaw. 6 Administration 6.1 The Administrator or such other persons appointed by the Council shall administer this bylaw. 6.2 Persons appointed under subsection 6.1 may enter any parcel, building or premises at any reasonable time to ascertain whether the regulations contained in this bylaw are being observed. 7 Violation 7.1 It shall be unlawful for any person to cause, suffer, or permit land to be used or any building or structure to be constructed, reconstructed, altered, moved, extended, or used in contravention of this bylaw or otherwise to contravene or fail to comply with this bylaw. 7.2 It shall be unlawful for any person to prevent or obstruct any official appointed under Section 6.1 from the carrying out of the duties under this bylaw. 7.3 No land, building or structures may be used for a use that is not specifically listed as a permitted use in the zone that the land, building or structure is located, and no building or structure may be placed, constructed, sunk into, erected, moved, sited, altered or enlarged for any use other than a specifically permitted use in that zone. Bylaw 2039-A30 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 18 of 62 7.4 Prohibited Uses Without limiting the generality of Subsection 7.3, the following uses are prohibited in all zones: use of a tent or recreational vehicle as a dwelling unit; or use of a tent or recreational vehicle for temporary habitation, except: i. within an authorized municipal campground; or ii. within a campground in a TC (Tourist Commercial) Zone; or iii. within a Fire Suppression Base in an AP (Airport Industrial) Zone; or iv. within a R-1, R-1A, R-2, R-4, or R-4A zoned property: a. only where there is an established permitted use of a dwelling unit existing upon the property; and b. for up to 7 days within a 30 day period, with an additional 7 day option in the absence of any complaints about the tent, recreational vehicle, or associated activity; and (c) the recreational vehicle shall not be connected to any residential or other waste or drainage system tied to City's infrastructure; and (d) the tent or recreational vehicle shall not be used for any business purpose whatsoever. 8 Penalty 8.1 Any person who violates the regulations of this bylaw may be liable on summary conviction to a penalty and to the costs of prosecution. A separate offence shall be deemed to be committed on each day during, or on which, a violation occurs or continues. 8.2 Any person designated as a Bylaw Enforcement Officer pursuant to the City of Grand Forks Municipal Ticketing Information Bylaw is hereby authorized and empowered to enforce the provisions of this Bylaw by the Municipal Ticket Information Bylaw No. 2073. 9 General 9.1 Any enactment referred to herein is a reference to an enactment of British Columbia (or, where specified, Canada) and regulations thereto, as amended, revised, consolidated or replaced from time to time. 9.2 If any part, section, sentence, clause, phrase or word of this bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder which shall continue in full force and effect and be construed as if the Bylaw had been adopted without the invalid portion. 10 Bylaw Amendment Process 10.1 An application for rezoning shall be treated as an application to amend this bylaw. 10.2 Any person applying to have this bylaw amended shall apply in writing to the City of Grand Forks, describing the proposed change, plus provide reasons in support of the application. The application shall include the legal description and location of the property sought to be rezoned, name and address of the owner of the property, and if the applicant is not the owner, a statement as to the applicant's interest in the property to be rezoned. The application must be accompanied with the required fee. The rezoning Bylaw 2039-A13 Bylaw 2039-A30 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 19 of 62 application may also require the Grand Forks Official Community Plan to be amended as well. 10.3 Every application for rezoning shall be accompanied by a fee as prescribed in relevant fees bylaw. 10.4 The Council will not reconsider an application for amendment to this bylaw, which has been denied within the past 6 months. The Council may review the application prior to this six-month period, if the Council deems that the original application has been substantially modified. 11 Metric Units 11.1 Metric units are used for all measurements in this bylaw. For convenience, one metre in length equals 3.28084 feet and one square metre equals 10.7639 square feet as illustrated in the following Table 1: Table 1: Common measures in metric and imperial equivalents Metre Feet Square m Square ft Square m Square ft Acre 0.50 1'7" 1.0 11 930.0 10,010 23 0.60 1'11" 10.0 108 1,000.0 10,764 0.25 1.00 3'3" 12.0 129 1,393.5 15,000 0.34 1.50 4'11" 13.0 140 10,120.0 108,931 2.50 1.85 6'0" 18.0 194 2.40 7'10" 20.0 215 2.5 8'2" 29.0 312 3.00 9'10' 30.0 323 3.70 12'1" 45.0 484 4.00 13'1" 50.0 538 4.60 15'1" 75.0 807 4.80 15'8" 90.0 969 5.50 18'0 100.0 1,076 6.00 19'8" 140.0 1,507 7.00 22'11" 485.0 5,220 9.00 29'6" 697.0 7,502 9.75 31'11" 700.0 7,535 10.00 32'9' 729.0 10,000 10.50 34'5" Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 20 of 62 PART IV GENERAL REGULATIONS 12 Application of General Regulations 12.1 Except as otherwise stated, Sections 12 to 33 apply to all zones established under this bylaw. 13 Accessory Buildings - Proximity to Principal Use 13.1 No accessory building or accessory structure shall be located within 1 metre of any principal building on the same parcel. 14 Agricultural Land Reserve Lands 14.1 For land located within the Agricultural Land Reserve, this bylaw is binding only insofar as it is not contrary to the Agricultural Land Commission Act, regulations or orders of the Provincial Agricultural Land Commission. 15 Development on Hazardous or Unstable Lands 15.1 Please see the appropriate section of the Local Government Act, which outlines when a Building Inspector may require additional information prior to issuing a Building Permit and the Development Permit sections of the City of Grand Forks Official Community Plan. 16 Access to Arterial Highways 16.1 Notwithstanding any regulations contained in this bylaw, access to land adjacent to a controlled access highway shall be subject to approval from the Ministry of Transportation and Infrastructure, pursuant to the Transportation Act. 16.2 There shall be no direct access to a controlled access highway if any alternate access is available, without the approval of the Ministry of Transportation and Highways. 17 Garages Attached to a Principal Building 17.1 A garage or carport attached to a principal building is deemed to be a portion of the principal building. 18 Height Exceptions 18.1 No building, structure or structural feature shall exceed the height limitations set out in Part VI of this bylaw except: flag poles; monuments, church steeples and spires; chimneys; communication towers, antennas or masts for the reception of communication signals; lighting poles, other than those in residential areas; tanks; industrial cranes. 19 Home Occupations 19.1 A person conducting a home occupation shall comply with the regulations in section 19. 19.2 There shall be no external display or advertisement other than a sign that shall not Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 21 of 62 exceed one square metre in area. 19.3 A maximum of two persons may be employed in a home occupation, that are not residents on the parcel upon which the home occupation is taking place. 19.4 A home occupation shall be conducted entirely within a dwelling or within a building accessory to a dwelling. 19.5 The floor area of the home occupation shall not exceed 30% of the entire floor area of the entire dwelling. 19.6 No outdoor storage of materials , containers, or finished products shall be permitted . 20 Home Industries 20.1 A person conducting a home industry shall comply with the regulations in section 20. 20.2 No home industry shall involve or utilize materials or products that produce inflammable or explosive vapours or gases. 20.3 There shall be no external display or advertisement other than a sign which shall not exceed one square metre in area. 20.4 A maximum of four persons may be employed in a home industry who are not residents of a dwelling on the parcel upon which the home industry is taking place. 20.5 The entire operations of the home industry shall not exceed 25% of the parcel of land. 21 Mobile Homes and Mobile Home Parks 21.1 Mobile home parks shall be subject to the "City of Grand Forks Mobile Home Park Bylaw", as amended or replaced. 21.2 Mobile homes may be placed on R-1 (Single and Two-family) and R-2 (Small Lot Residential) zones on lands south of the Kettle River in the North Ruckle and South Ruckle neighbourhoods. 22 Garden Suites 22.1 A Garden Suite shall have a minimum floor area of 12 sq. m. and a maximum floor area of 90 sq. m. 22.2 A Garden Suite shall satisfy all the requirements of the British Columbia Building Code and other associated bylaws and regulations. 22.3 If a Garden Suite does not have direct access to a highway on an exterior side or rear parcel line, it shall have private or emergency access via an unobstructed pathway constructed and maintained between the public street and the Garden Suite entrance, with a minimum width of 1 m. 22.4 A Garden Suite shall be sited on a permanent foundation. 22.5 A Garden Suite shall not be permitted to be strata titled. 22.6 A Garden Suite shall not include a Secondary Suite. 23 Tiny House on Wheels 23.1 A Tiny House on Wheels must be constructed to be used as a full-time residence according to the current British Columbia Building Code or the CSA Z240 or Z240RV standard if it is premanufactured. 23.2 For residential zones permitting a single family dwelling with a floor area between 18 and 29 square metres or a Garden Suite, the Tiny House on Wheels must be converted to a single family dwelling or a Garden Suite by placement on a full-depth perimeter or point- Bylaw 2039-A1 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 22 of 62 support foundation, subject to the conditions of a Building Permit from the City. 23.3 A person must obtain a Temporary Use Permit to place a Tiny House on Wheels that is not converted to a principal dwelling or garden suite in a zone where it is not permitted, such that: bonding sufficient for removal of the Tiny House on Wheels is provided to the City before the time of placement; and the Tiny House on Wheels is removed at the end of the Permit period; or to remain on the property the Tiny House on Wheels must be converted as per subsection 23.2. 24 Minimum Parcel Size Exceptions 24.1 Notwithstanding the regulations of this bylaw there shall be no minimum parcel size requirements for any of the following uses: ecological reserves; fish and wildlife habitat areas; watershed protection and erosion control areas; municipal services; community gardens; solid waste transfer stations or sites; and religious centres. 25 Offstreet Loading 25.1 This section applies to the following land use zones; Tourist Commercial Highway Commercial Neighbourhood Commercial Light, General and Value Added Industrial Gravel/Mineral Processing 25.2 Each offstreet loading area shall not be smaller than 3.7 metres in width by 9 metres in length with 4 metres of vertical clearance. 25.3 Each offstreet loading area shall be set back a minimum of 6 metres from the designated fronting street or a back lane. 25.4 Each offstreet loading area shall always have access to an unobstructed aisle that intersects with a highway. 25.5 The required offstreet loading area shall be located on the same parcel of land as the use, building or structure they serve. 25.6 Offstreet loading areas, as required by this bylaw, shall not be credited against the additional requirement of offstreet parking, if required. 25.7 The number of offstreet loading areas required shall be based upon the following criteria; One space for the first 500 square metres of floor area or fraction thereof, and One additional space for each additional 2,024 square metres of floor area or fraction thereof. 25.8 The offstreet loading areas shall not project into any highway. 26 Offstreet Parking Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 23 of 62 26.1 Each offstreet parking space shall be not less than 2.5 metres wide and 5.5 metres long, and have a vertical clearance of not less than 2.5 metres; 26.2 Where the calculation of the number of offstreet parking spaces results in a fraction, one parking space shall be provided in respect of the fraction. 26.3 Where seating accommodation is the basis for the calculation of the number of parking spaces and the building or use 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. 26.4 Every offstreet parking space shall always have access to an aisle that intersects with a highway, with exception to the second space required for a single-family dwelling. 26.5 Except for single-family dwelling units, accessory dwelling units, mobile homes and campground uses parking areas and access points shall be surfaced with durable dust free and preferably pervious material and all parking spaces shall be clearly marked. 26.6 For non-residential uses, at least 2% of the required offstreet parking areas shall be designated as accessible for persons with disabilities, with a minimum of one space per site. Each offstreet accessible parking space for persons with disabilities shall not be smaller than 2.8 metres wide with an additional 1.2 metres on both sides of the space to allow for wheelchair access. 26.7 Offstreet parking areas, as required by this bylaw, shall not be credited against the requirement of offstreet loading. 26.8 The number of access points from each parking area to a fronting street shall not exceed two per parcel of land. 26.9 Where an owner or occupier of land in the Commercial Core Zone cannot provide the required number of off-street parking spaces as outlined in Table 2 below, the City may accept a cash contribution in the amount of $1,000.00 per required parking space not developed and/or may waive the requirement for developments where the change of use will occur in an existing building; or where the change will occur for floor area of the existing building and no footprint change. 26.10 Off street parking spaces for each building, structure and use permitted shall be provided in accordance with the requirements in the following Table 2: Table 2: Class of Building/Use: Required Number of Spaces 50% of the required number of spaces apply to Core Commercial Zone. Animal hospital one space per every 30 square metres of floor area Automobile parts supply one space per every 45 square metres of floor area, including outdoor sales area Automobile sales, rentals, service and repair one space per every 45 square metres of retail and outdoor storage space Automobile service station one space per every 45 square metres of floor space Bed and breakfast accommodation one space for every bedroom offered to the patrons Building supply establishments supply stores one space per every 45 square metres of covered and outdoor sales area Campground one space for the proposed campsite plus 2 additional spaces for the campground host Community centre, club, and lodge one space per every 10 square metres of floor area Bylaw 2039-A3 Bylaw 2039-A35 Bylaw 2039-A35 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 24 of 62 Contractors shop and yard one space per every 50 square metres of the shop floor area Convenience store one space per every 45 square metres of retail sales portion of floor area plus one space per employee per shift Congregate care and rest homes one space for every 3 bedrooms including Seniors Housing plus one space for every employee Day care centre one spaces per employee plus one space for every 5 children registered in the day care facility Dwelling unit (greater than 90 square metres) Dwelling Unit (equal to or under 90 square metres) two spaces per every unit one space per every unit Farm machinery sales, service and repair one space per every 45 square metres of retail floor and storage area Fuel sales (bulk) or key lock install ions one space per every 15 square metres of floor area Home occupation, home industry one space per every 40 square metres of area used for the home occupation or home industry Hospital one space per every 10 square metres of floor space Hotel, motel one space per every unit offered daily to the public Library one space per every 10 square metres of floor area Machine, welding, woodworking shop one space per every 50 square metres of floor area Manufacturing, fabricating, or processing one space per 50 square metres of floor space Medical clinic, dental clinic one space per every 20 square metres of total floor area Museum one space per every 25 square metres of floor area Nursery one space per every 45 square metres of covered and outdoor sales area Professional services one space per every 60 square metres of floor area Personal service establishment one space per every 20 square metres of floor area Printing and publishing establishment one space per every 45 square metres of floor space Public house (liquor licensed premises) one space per every 3 seats for the patrons Recreation facility one space per every 10 square metres of ice, pool, or game area Religious centre one space per every 4 seats Restaurant one space per every 3 seats for the patrons Retail store one space per every 45 square metres of floor area School, elementary School, secondary and post- secondary: 3 spaces per every classroom 4 spaces per every classroom Storage, warehousing and freight facility one space per every 100 square metres of floor area, including outdoor sales and storage areas Transportation depot one space per every 20 square metres of total floor space 26.11 Where a building or parcel of land contains more than one function or use the required number of parking spaces shall be the sum of the requirements of each function Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 25 of 62 27 Permitted Use Exceptions 27.1 Notwithstanding the regulations set out in Part VI of this bylaw, the following uses are permitted in all zones: emergency response and municipal services; ecological reserves; fish and wildlife habitat; watershed protection and erosion control; publicly owned and operated parks and playgrounds including buildings and facilities associated therewith; temporary structures or storage of materials required for approved construction projects, to be removed within 30 days of the completion of the construction; community garden. 28 Screening and Fencing 28.1 A person may not place screening or fencing unless in accordance with this section except where provided otherwise in this bylaw. 28.2 Landscape screens and closed fencing 1.3 metres or less and open fencing 1.85 metres or less may be sited on any portion of a parcel. 28.3 Open fencing 2.4 meters or less shall be sited in accordance with the required front setbacks for a principal building within the same zone. 28.4 Landscape screens and closed fencing on the interior side parcel line shall be 1.85 metres or less in height and sited in accordance with the required front parcel line setbacks for a principal building within the same zone. 28.5 Landscape screens, closed fencing and open fencing greater than 2.4 metres shall be sited in accordance with the required front setbacks for a principal building within the same zone. 29 Secondary Suites 29.1 Notwithstanding the regulations set out in Part VI of this bylaw, a secondary suite is permitted on every parcel where a single-family dwelling is permitted, subject to the conditions in this section. 29.2 A secondary suite shall comply with all statutory and bylaw requirements, including approval from the agency having the jurisdiction for the proposed means of sewage disposal. 29.3 The secondary suite shall not exceed 90 square metres or 40% of the floor area of the principal single family dwelling, whichever is less. 29.4 No more than one secondary suite shall be located on a parcel of land. 30 Setback Area Exceptions 30.1 Notwithstanding Part VI of this bylaw, a person shall not locate any building, structure, or structural feature in a setback area except: eaves, cornices, sills, bay windows, steps, stairs, chimneys and other similar features, provided such constructions do not extend more than 0.6 metres into the setback area; signs, other than those specified in Part VI of this bylaw; Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 26 of 62 open porches or canopies over entrances to buildings, provided such projections do not extend more than 1.5 metres into the exterior setback area and 0.6 metres into the interior setback area. communication towers and antennas for the reception of radio and television; a patio or terrace without a roof provided that the patio or terrace does not extend more than one metre into the setback area; a fire escape provided that the fire escape does not extend more than one metre into the setback area; fences and screening, as described in section 28 of this bylaw; an arbour, trellis, fish pond, ornament, monument, silo, or flag pole. 31 Storage of Derelict Vehicles 31.1 In all zones, except as provided for in the (Industrial - 2) General Industrial zone, no parcel of land shall be used for the wrecking or storage of more than one derelict vehicle or as a junkyard. 32 Strata Parcels Siting Requirements 32.1 Interior side parcel line setbacks required by this bylaw shall not apply to a strata parcel under a registered building strata plan pursuant to the Strata Property Act where there is a common wall shared by two or more dwellings within a building. 32.2 The setback regulations of this bylaw apply to all bare land strata parcels. 33 Visibility 33.1 Where a parcel of land is located at the intersection of any two highways, no trees, shrubs, plants, fences, buildings or other structures shall be placed that are greater than 1.0 metre in height within a sight triangle bounded by the intersecting parcel lines at a highway corner and a line joining points along said parcel line 7.5 metres from their point of intersection, as illustrated in the following Diagram No. 3: Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 27 of 62 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 28 of 62 PART V CREATION OF ZONES 34 Definitions of Zones 34.1 The City of Grand Forks is divided into the zones defined and regulated as per the following section in Part VI of this bylaw. 35 Locations of Zones 35.1 The location of each zone is defined on "Schedule A" entitled "Official Zoning Map" of Zoning Bylaw No. 2039, 2018. 35.2 Where a zone boundary is shown on "Schedule A" as following a highway, rail right-of- way, or watercourse, the center line of the highway, rail right-of-way or watercourse shall be the zone boundary. 35.3 The dashed lines used in "Schedule A" shall be interpreted as if they were solid lines. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 29 of 62 PART VI ZONES 36 R-1 (Residential - Single & Two Family) Zone 36.1 The following uses and no others are permitted: dwelling units; religious centres; day care centres; bed and breakfast accommodations; home occupations. 36.2 Permitted accessory uses and buildings include: buildings or structures accessory to permitted uses. 36.3 The minimum parcel size for subdivision purposes is: 10,120 square metres where there is no community sewage or water system; 1,393.5 square metres when the parcel is either connected to a community sewage or water system, but not both; 697 square metres when the parcel is connected to both a community sewage and water system. 36.4 The following types of dwelling units are allowed on a parcel of land; One single-family dwelling, plus one secondary suite and one garden suite; or One two-family dwelling, plus one garden suite. 36.5 The maximum permitted lot area coverage shall be 50% for the principal building with all accessory buildings, structures, and offstreet parking. 36.6 No principal building or structure shall exceed 9.75 metres in height. 36.7 No accessory building or structure shall exceed 4.8 metres in height except for Accessory Dwelling Units which shall not exceed 7.6 metres in height. 36.8 The total of all the accessory buildings shall have a lot coverage not greater than the lot coverage of the principal structure. 36.9 The minimum size for a single-family dwelling in this zone shall be 40 square metres. 36.10 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: 6 metres of a front parcel line; 1.5 metres of an interior side parcel line; 4.6 metres of an exterior side parcel line; or 6 metres of a rear parcel line. 36.11 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line and not closer to the front parcel line than the facing wall of the principal building. 36.12 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A1 Bylaw 2039-A3 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 30 of 62 37 R-1A (Residential - Single Family) Zone 37.1 Every subsection in section 37 refers to the R-1a (Residential - Single Family) Zone. 37.2 The following uses and no others are permitted in an R-1A zone: dwelling units; religious centres; day care centres; bed and breakfast accommodations; home occupations. 37.3 Permitted accessory uses and buildings include: Buildings or structures accessory to permitted uses. 37.4 The minimum parcel size for subdivision purposes is: 10,120 square metres where there is no community sewage or water system; 1,393.5 square metres when the parcel is either connected to a community sewage or water system, but not both; 697 square metres when the parcel is connected to both a community sewage and water system. 37.5 The only type of dwelling unit allowed on a parcel of land in this zone is one single-family dwelling. 37.6 The maximum permitted lot area coverage shall be 50% for the principal building with all accessory buildings, structures, and offstreet parking requirements. 37.7 No principal building or structure shall exceed 9.75 metres in height. 37.8 No accessory building or structure shall exceed 4.8 metres in height. 37.9 The total of all the accessory buildings shall have a floor area not greater than 50% of the principal structure. 37.10 The minimum size for a single-family dwelling shall be 75 square metres. 37.11 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: 6 metres of a front parcel line; 1.5 metres of an interior side parcel line; 4.6 metres of an exterior side parcel line; or 6 metres of a rear parcel line. 37.12 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line and not closer to the front parcel line than the facing wall of the principal building. 37.13 See Sections 12 to 33 of this Bylaw. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 31 of 62 38 R-1B (Residential Care) Zone 38.1 Every subsection in section 38 refers to the R-1B (Residential Care) Zone. 38.2 The following uses and no others are permitted: Seniors Housing subject to the Community Care Facility Act, as amended. 38.3 Permitted accessory uses and buildings include: buildings or structures accessory to permitted uses. 38.4 The minimum parcel size for subdivision purposes in R-1B Zone is: 10,120 square metres where there is no community sewage or water system; 1,393.5 square metres when the parcel is either connected to a community sewage or water system, but not both; 697 square metres when the parcel is connected to both a community sewage and water system. 38.5 The minimum parcel size shall be 929 square metres with on-site accommodation for a caregiver; or 697 square metres with no on-site accommodation for a caregiver. 38.6 The maximum permitted lot area coverage shall be 50% for the principal building with all accessory buildings, structures, and offstreet parking. 38.7 No principal building or structure shall exceed 9.75 metres in height. 38.8 No accessory building or structure shall exceed 4.8 metres in height. 38.9 The total of all the accessory buildings shall have a floor area not greater than 50% of the principal structure; 38.10 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: 6 metres of a front parcel line; 1.5 metres of an interior side parcel line; 4.6 metres of an exterior side parcel line; or 6 metres of a rear parcel line. 38.11 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line and not closer to the front parcel line than the facing wall of the principal building. 38.12 See Sections 12 to 33 of this Bylaw. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 32 of 62 39 R-2 (Residential - Small Lot) Zone 39.1 Every subsection in Section 39 refers to R-2 (Residential - Small Lot) Zone 39.2 The following uses and no others are permitted: dwelling units; religious centres; day care centres; bed and breakfast accommodations; home occupations. 39.3 Permitted accessory uses and buildings include: buildings or structures accessory to permitted uses. 39.4 The minimum size for subdivision purposes is: 10,120 square metres where there is no community sewage or water system; 1,393.5 square metres when the parcel is either connected to a community sewage or water system, but not both; 485 square metres when the parcel is connected to both a community sewage and water system. 39.5 The following types of dwelling units are allowed on a parcel of land: One single-family dwelling, plus one secondary suite and one garden suite; or One two-family dwelling, plus one garden suite. 39.6 The maximum permitted lot area coverage shall be 50% for the principal building with all accessory buildings, structures, and offstreet parking. 39.7 No building or structure shall exceed 9.75 metres in height. 39.8 No accessory building or structure shall exceed 4.8 metres in height except for Accessory Dwelling Units which shall not exceed 7.6 metres in height. 39.9 The total of all the accessory buildings shall have a lot coverage not greater than the lot coverage of the principal structure. 39.10 The minimum size for a single-family dwelling shall be 18 square metres. 39.11 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: 6 metres of a front parcel line; 1.5 metres of an interior side parcel line; 4.6 metres of an exterior side parcel line; or 6 metres of a rear parcel line. 39.12 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line and not closer to the front parcel line than the facing wall of the principal building. 39.13 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A1 Bylaw 2039-A3 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 33 of 62 40 R-3 (Multi-Family Residential) Zone 40.1 Every subsection in Section 40 refers to R-3 (Multi-Family Residential) Zone. 40.2 The following uses and no others are permitted: dwelling units; religious centres; home occupations; uses listed in the Neighbourhood Commercial (NC) zone; site specific uses as permitted under Section 40.18. 40.3 Permitted accessory uses and buildings include: buildings or structures accessory permitted uses. 40.4 Neighbourhood Commercial uses may only be located on the first storey of a multi- storey building in an R-3 zone and may occupy a maximum of 30% of the floor area of the building. 40.5 Home occupations are only allowed in dwellings that are individually owned and have direct access to the City's roadway network. 40.6 The minimum parcel size for subdivision purposes is: 1000 square metres. 40.7 The following types of dwelling units are allowed: multi-family dwellings; apartment units. 40.8 The maximum permitted lot area coverage is 50% including principal building and all accessory buildings and structures. 40.9 No building or structure shall exceed 18 metres in height. 40.10 No accessory building shall exceed 4.8 metres in height. 40.11 No accessory building shall have a total floor area greater than 20% of the principal structure. 40.12 The maximum size of any unit in a bare land strata complex shall be 140 square metres. 40.13 The minimum size of any unit in a bare land strata complex shall be 18 square metres. 40.14 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: 6 metres of a front parcel line; 1.5 metres of an interior side parcel line; 4.6 metres of an exterior side parcel line; or 6 metres of a rear parcel line. 40.15 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line and not closer to the front parcel line than the facing wall of the principal building. 40.16 Every parcel must be connected to a community sewage and water system. 40.17 See Sections 12 to 33 of this Bylaw. 40.18 Site Specific A. In addition to the uses permitted by 40.2, the following use is permitted on the property located at 7114 2nd Street with parcel identifier number of PID: 006-115- 233 and legal description of PARCEL A (X160413) BLOCK 1 DISTRICT LOT 108 SIMILKAMEEN DIVISION YALE DISTRICT PLAN 23: (a) Domestic Cat Shelter. Bylaw 2039-A3 Bylaw 2039-A25 Bylaw 2039-A25 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 34 of 62 41 R-3A (Compact Multi-Family Residential) Zone 41.1 Every subsection in section 41 refers to the R-3A (Compact Multi-Family Residential) Zone. 41.2 The following uses and no others are permitted: dwelling units; home occupation. 41.3 Permitted accessory uses and buildings include: buildings or structures accessory to permitted uses. 41.4 Home occupations are only allowed in dwellings that are individually owned and have direct access to the City's roadway network. 41.5 The minimum parcel size for subdivision purposes is 485 square metres. 41.6 The following dwelling unit types are allowed: single family dwellings; two family dwellings; three family dwellings. 41.7 The maximum permitted lot area coverage shall be 50% for the principal building with all accessory buildings, structures, and offstreet parking. 41.8 No dwelling shall exceed 9.75 metres in height; 41.9 No accessory building or structure shall exceed 4.8 metres in height. 41.10 No accessory building shall have a total floor area greater than 20% of the principal structure. 41.11 The maximum size of any unit in a strata complex shall be 140 square metres; 41.12 The minimum size of any unit in a strata complex shall be 18 square metres; 41.13 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: 6 metres of a front parcel line; 1.5 metres of an interior side parcel line; 4.6 metres of an exterior side parcel line; or 6 metres of a rear parcel line. 41.14 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line and not closer to the front parcel line than the facing wall of the principal building. 41.15 Every parcel must be connected to a community sewage and water system. 41.16 See Sections 12 to 33 of this Bylaw. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 35 of 62 42 R-4 (Rural Residential) Zone 42.1 Every subsection in Section 42 refers to the R-4 (Rural Residential) Zone 42.2 The following uses and no others are permitted: dwelling units; farm operations (crops and/or animals); bed and breakfast accommodations; kennels; home occupations; home industries; animal hospitals. 42.3 Permitted accessory uses and buildings include: buildings or structures accessory to any of the uses permitted in this zone. 42.4 The minimum parcel size for subdivision purposes is: 1 hectare where there is no community sewer or water system; 5,000 square meters where there is either community water or sewer; or 2,500 square meters where there is both community water and sewer. 42.5 The following types of dwelling units are permitted: one single family detached dwelling, one mobile home, or one two-family dwelling; plus within the Agricultural Land Reserve, one additional manufactured (mobile) home subject to regulations of the Agricultural Land Commission; site specific dwellings as permitted under Section 42.14. 42.6 The maximum permitted lot area coverage shall be 50% for the principal building with all accessory buildings, structures, and offstreet parking. 42.7 No building or structure shall exceed 10 metres in height, with exception to farm buildings or structures. 42.8 The total of all the accessory buildings shall have a floor area not greater than 50% of the principal structure, with exception to farm buildings or structures. 42.9 The minimum size for a dwelling shall be 18 square metres. 42.10 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: 6 metres of a front parcel line; 3 metres of an interior side parcel line; 4.6 metres of an exterior side parcel line; or 6 metres of a rear parcel line. 42.11 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line and not closer to the front parcel line than the setback permitted for the property. 42.12 There is no restriction on height or location of open fencing. Bylaw 2039-A1 Bylaw 2039-A1 Bylaw 2039-A3 Bylaw 2039-A28 and A36 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 36 of 62 42.13 See Sections 12 to 33 of this Bylaw. 42.14 Site Specific A. In consideration of the types of dwellings permitted by 42.5 and accessory building floor area under 42.8, on the property located at 40 Morrissey Creek Rd with parcel identifier number of PID: 010-900-233 and legal description of LOT 5 DISTRICT LOT 653 SIMILKAMEEN DIVISION YALE DISTRICT PLAN 3072: (a) Only three single-family dwellings are permitted; and (b)The total of all the accessory buildings associated with each single-family dwelling shall have a floor area not greater than 50% for that respective principal structure, with exception to farm buildings or structures. Bylaw 2039-A28 and A36 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 37 of 62 43 R-4A (Rural Residential) Zone 43.1 Every subsection in Section 43 refers to the R-4 (Rural Residential) Zone 43.2 The following uses and no others are permitted: dwelling units; farm operations (crops); bed and breakfast accommodations; kennels; home occupations; home industries; animal hospitals. 43.3 Permitted accessory uses and buildings include: buildings or structures accessory to any permitted use. 43.4 The minimum size for subdivision purposes is: 1 hectare where there is no community sewer or water system; 5,000 square meters where there is community water but not sewer; or 2,500 square meters where there is both community water and sewer. 43.5 The following types of dwelling units are permitted: one single family detached dwelling; one mobile home, or one two-family dwelling; plus within the Agricultural Land Reserve, one additional manufactured (mobile) home subject to regulations of the Agricultural Land Commission. 43.6 The maximum permitted lot area coverage shall be 50% for the principal building with all accessory buildings, structures, and offstreet parking. 43.7 No building or structure shall exceed 10 metres in height, with exception to farm buildings or structures. 43.8 The total of all the accessory buildings shall have a floor area not greater than 50% of the principal structure, with exception to farm buildings or structures. 43.9 The minimum size for a dwelling shall be 18 square metres. 43.10 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: 6 metres of a front parcel line; 3 metres of an interior side parcel line; 4.6 metres of an exterior side parcel line; or 6 metres of a rear parcel line. 43.11 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line and not closer to the front parcel line than the setback permitted for the property. 43.12 There is no restriction on height or location of open fencing. 43.13 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A1 Bylaw 2039-A1 Bylaw 2039-A3 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 38 of 62 44 R-5 (Mobile Home Park) Zone 44.1 Every subsection in Section 44 refers to the R-5 (Mobile Home Park) Zone. 44.2 The following uses and no others are permitted: dwelling unit; mobile home park; recreation facilities; laundry facilities; home occupations. 44.3 Permitted accessory uses and buildings includes: buildings or structures accessory to permitted uses. 44.4 The minimum parcel size for subdivision purposes is 0.4 hectares. 44.5 A maximum of one accessory single-family dwelling is permitted. 44.6 The maximum permitted lot area coverage for all buildings and structures shall be 60%. 44.7 No principal building or structure shall exceed 7.5 metres in height. 44.8 The minimum size for a single-family dwelling shall be 18 square metres. 44.9 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within 4.6 metres of any lot line. 44.10 On each mobile home space only 1 detached storage shed or accessory building, not exceeding 13 square metres in size, may be located, subject to the following regulations: that such storage shed or accessory building be constructed and finished so that the design, construction and finish will complement and blend in with the mobile home; that the height of the storage shed or accessory building not exceed 2.5 metres; that such storage shed or accessory building be located to the side or rear of the mobile home and placed not closer than 1 metre to the mobile home. 44.11 See Sections 12 to 33 of this Bylaw and the City of Grand Forks Mobile Home Park Bylaw, as amended. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 39 of 62 45 AUC (Adaptive Use Commercial) Zone 45.1 Every subsection in Section 45 refers to the AUC (Adaptive Use Commercial) Zone. 45.2 The following uses and no others are permitted: professional services; personal service establishments; retail establishments; dwelling units; religious centres; bed and breakfast accommodations; home occupations. 45.3 Permitted accessory uses and buildings on any parcel includes: restaurants; buildings or structures accessory to permitted uses 45.4 The minimum parcel size for subdivision purposes is 700 square metres. 45.5 Each parcel shall be connected to a community sewage and water system. 45.6 The minimum parcel size that is to be used for a two-family dwelling or a multi-family dwelling shall be 930 square metres. 45.7 The following dwelling unit types are allowed: one single family dwelling; one two family dwelling; one multi-family dwelling; or dwelling units in combination with another permitted use. 45.8 A residential use shall be the only use in each storey so used. 45.9 The maximum permitted lot area coverage for all building and structures shall be 50%. 45.10 No principal building or structure shall exceed 10.5 metres in height. 45.11 No accessory building or structure shall exceed 4.8 metres in height. 45.12 The total of all the accessory building shall have a floor area not greater than 50% of the principal structure. 45.13 The maximum floor space dedicated to retail sales, excluding storage, shall be 100 square metres. 45.14 The minimum size for a dwelling shall be 18 square metres. 45.15 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: 6 metres of a front parcel line; 1.5 metres of an interior side parcel line; 4.6 metres of an exterior side parcel line; or 7.6 metres of a rear parcel line. 45.16 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line and not closer to the front parcel line than the facing wall of the principal building. 45.17 Operation of a commercial use is not permitted between the hours of 10:00 P.M. and 8:00 A.M. 45.18 Accessory off-street parking and accessory off-street loading shall be located entirely to the rear of the front face of the principal building. 45.19 See Sections 12 to 33 of this bylaw. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 40 of 62 46 NC (Neighbourhood Commercial) Zone 46.1 Every subsection in Section 46 refers to the NC (Neighbourhood Commercial) Zone 46.2 The following uses and no others are permitted: convenience stores; restaurants and liquor licensed premises; personal service establishments; dwelling units above or in conjunction with the commercial operation; professional services; post office animal hospitals. 46.3 Permitted accessory uses and buildings include: buildings or structures accessory to permitted uses; One garden suite. 46.4 There is no minimum parcel size for subdivision purposes. 46.5 Apartment units shall be permitted up to a maximum of 50% of the principal building first storey floor area and 100% of any upper storey floor area. 46.6 The maximum permitted lot area coverage shall be 60% for the principal building with all accessory buildings, and structures. 46.7 No principal building or structure shall exceed 18 metres in height. 46.8 No accessory building or structure shall exceed 4.8 metres in height. 46.9 No accessory building shall have a total floor area greater than 25% of the principal structure. 46.10 Except as otherwise specifically permitted, no building, structure or illuminated sign shall be located within 4.6 metres of a lot in a Residential zone. 46.11 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line. 46.12 If a fence is erected it shall not exceed a height of 2.4 metres; 46.13 Every parcel must be connected to community water and sewage systems. 46.14 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A3 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 41 of 62 47 HC (Highway Commercial) Zone 47.1 Every subsection in Section 47 refers to HC (Highway Commercial Zone). 47.2 The following uses and no others are permitted in a HC zone: hotels or motels; restaurants; automobile sales and parts supply, service stations; convenience stores including gas bars; car wash establishments; retail sales establishments; personal service establishments; liquor licensed premises; animal hospitals; building supply establishments; offices; professional services; tool and equipment rental establishments; Electric vehicle charging stations. 47.3 Permitted accessory uses and buildings on any parcel includes: a dwelling unit accessory to permitted uses; buildings or structures accessory to permitted uses. 47.4 There is no minimum parcel size for subdivision purposes 47.5 Apartment units contained within the above-mentioned commercial activities shall be permitted up to a maximum of 50% of the principal building floor area. 47.6 The maximum permitted lot area coverage shall be 60% for the principal building with all accessory buildings and structures. 47.7 No building or structure shall exceed 18 metres in height. 47.8 Except as otherwise specifically permitted in this bylaw, no building, structure or illuminated sign shall be located within 4.6 metres of a lot in a Residential zone. 47.9 No accessory building shall have a total floor area greater than 25% of the principal structure. 47.10 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line. 47.11 If a fence is erected it shall not exceed a height of 2.4 metres. 47.12 Each parcel shall be connected to a community sewage and water system. 47.13 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A3 Bylaw 2039-A31 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 42 of 62 48 CC (Core Commercial) Zone 48.1 Every subsection in Section 48 refers to the CC (Core Commercial) Zone. 48.2 The following uses and no others are permitted in a CC zone: wholesale establishments; retail establishments; restaurants and/or liquor licenced premises; professional offices and offices; medical and dental clinics; personal service establishments; clubs, lodges and similar fraternal organizations; indoor entertainment facilities; bus depots; taxi stands; financial institutions; hotels and motels; post office; theatres; animal hospitals with no outside runs or enclosures. 48.3 Permitted accessory uses and buildings on any parcel includes the following: apartment units; buildings or structures accessory to any of the uses permitted in this zone. 48.4 There is no minimum parcel size. 48.5 Apartment units shall be permitted to a maximum of 50% of first storey floor area and 100% of second or higher storey floor area. 48.6 The maximum permitted lot area coverage for all buildings and structures shall be: 100% with approved fire-resistant walls; 80% without approved fire-resistant walls. 48.7 No building or structure shall exceed 18 metres in height. 48.8 No accessory building or structure shall exceed 4.8 metres in height. 48.9 No accessory building shall have a floor area greater than 10% of the principal structure. 48.10 The buildings or structures used for the commercial operation must be a minimum of 4.6 metres from any parcel lot line that is adjacent to a residential parcel of land. 48.11 If a fence is erected it shall not exceed a height of 2.4 metres. 48.12 Every parcel must be connected to a community sewage and water system. 48.13 See Sections 12 to 33 of this Bylaw. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 43 of 62 49 TC (Tourist Commercial) Zone 49.1 Every subsection in Section 49 refers to the TC (Tourist Commercial) Zone 49.2 The following uses and no others are permitted in a TC zone: hotels or motels; recreational businesses and campgrounds; tourist facilities and related amenities; retail establishments; restaurants. convenience stores including gas bars 49.3 Permitted accessory uses and buildings include: dwelling unit accessory to a permitted use, and buildings or structures accessory to any of the uses permitted in this zone. 49.4 There is no minimum parcel size. 49.5 Apartment units contained within the above-mentioned commercial activities are permitted. Not more than 50% of the principal building shall be used for apartments. 49.6 No designated recreational space shall be used as a permanent residence. 49.7 One Garden Suite shall be permitted. 49.8 The maximum permitted lot area coverage shall be 60% for the principal building with all accessory buildings and structures. 49.9 No building or structure shall exceed 18 metres in height. 49.10 No accessory building shall have a total floor area greater than 25% of the principal structure. 49.11 Except as otherwise specifically permitted in this bylaw, no building, structure or illuminated sign shall be located within 4.6 metres of a lot in a Residential zone. 49.12 No accessory building shall be located closer than 1.5 metres to a rear or side parcel line. 49.13 If a fence is erected it shall not exceed a height of 2.4 metres. 49.14 Every parcel must be connected to a community sewage and water system. 49.15 See Sections 12 to 33 of this Bylaw. 49.16 The property legally described as Lot A, District Lot 520, Similkameen Division Yale District Plan EPP61874" must not contain any use which may have a negative impact on the groundwater quality, such as a gas bar. Bylaw 2039-A10 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 44 of 62 50 I-1 (Light Industrial) Zone 50.1 Every subsection in Section 50 refers to the I-1 (Light Industrial) Zone. 50.2 The following uses and no others are permitted: auction markets, excluding the sales of animals; contractors shop and storage yard for trade, trucking and construction service; warehousing, cartage, express, freight facilities, indoor storage; building supply establishments; transportation depots, including taxi dispatch office; public utility offices, including works yard and substations; bulk fuel sales; wholesale establishments; machine shop, welding shop or a woodworking shop; manufacturing facilities; recycling depots; tool and equipment rental establishments; watchperson's quarters; community events centre; professional services; animal hospitals. 50.3 Permitted accessory uses and buildings include: buildings or structures accessory to any of the permitted uses 50.4 There is no minimum parcel size. 50.5 One of the following types of dwelling unit shall be permitted for use as a watchperson's quarters: (a) single detached dwelling; (b) manufactured home; (c) Tiny House on Wheels; (d) private apartment with its own separate entrance. 50.6 The maximum permitted lot area coverage shall be 60% for all buildings and structures. 50.7 No building or structure shall exceed 18 metres in height. 50.8 No accessory building shall have a total floor area greater than 50% of the principal structure. 50.9 Except as otherwise specifically permitted in this bylaw, no building, structure or illuminated sign, shall be located within 4.6 metres of a lot in a Residential zone. 50.10 No accessory building shall be located closer than 1.5 metres to a rear parcel line. 50.11 All outdoor storage areas and/or manufacturing activities that are adjacent to either a residential area or a highway shall be screened by a solid fence or landscaped berm that shall be not less than 2.4 metres in height from the grade to the top of the berm or fence. 50.12 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A3 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 45 of 62 51 I-2 (General Industrial) Zone 51.1 Every subsection in Section 51 refers to the 1-2 (General Industrial) Zone. 51.2 The following uses and no others are permitted: manufacturing facilities and storage areas for raw materials; auction market, including the sales of animals; storage, warehousing, cartage, express and freight facilities; salvage yards and recycling depots; gravel extraction activities such as processing and screening; machine, welding and woodworking shops, and the retail sale of these items; kennels; automotive repair shops; watchperson's quarters; bulk fuel sales; tool and equipment rental establishments; animal hospitals. 51.3 Permitted accessory uses and buildings include: buildings or structures accessory a permitted use. 51.4 There is no minimum parcel size. 51.5 One of the following types of dwelling unit shall be permitted for use as a watchperson's quarters: single detached dwelling; Tiny House on Wheels; manufactured home; or private apartment with its own separate entrance. 51.6 The maximum permitted lot area coverage shall be 60% for the principal building with all accessory buildings and structures. 51.7 No building or structure shall exceed 18 metres in height. 51.8 No accessory building shall have a total floor area greater than 50% of the principal structure. 51.9 Except as otherwise specifically permitted in this bylaw, no building, structure or illuminated sign, shall be located within 4.6 metres of a lot in a Residential zone. 51.10 All outdoor storage areas and/or manufacturing activities that are adjacent to either a residential area or a highway shall be screened by a solid fence or landscaped berm that shall be not less than 2.4 metres in height from the grade to the top of the berm or fence. 51.11 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A3 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 46 of 62 52 I-3 (Value Added Industrial) Zone 52.1 Every subsection in Section 52 refers to the 1-3 (Value Added) Zone. 52.2 The following uses and no others are permitted: value added wood processing activities; storage yards and warehouses; building supply establishments; manufacturing facilities and retail sales of the products produced on-site; watchperson's quarters repairs, maintenance and storage of heavy equipment animal hospitals. 52.3 Permitted accessory uses and buildings include: buildings or structures accessory to a permitted use. 52.4 There is no minimum parcel size. 52.5 One of the following types of dwelling unit shall be permitted for use as a watchperson's quarters: (a) single detached dwelling; (b) Tiny House on Wheels; (c) manufactured home; or (d) private apartment with its own separate entrance. 52.6 The maximum permitted lot area coverage shall be 60% for the principal building with all accessory buildings and structures. 52.7 No building or structure shall exceed 18 metres in height. 52.8 No accessory building shall have a total floor area greater than 50% of the principal structure. 52.9 Except as otherwise specifically permitted in this bylaw, no building, structure or illuminated sign, shall be located within 4.6 metres of a lot in a Residential zone. 52.10 All outdoor storage areas and/or manufacturing activities that are adjacent to either a residential area or a highway shall be screened by a solid fence or landscaped berm that shall be not less than 2.4 metres in height from the grade to the top of the berm or fence. 52.11 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A3 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 47 of 62 53 I-4 (Gravel/Mineral Processing) Zone 53.1 Every subsection in Section 53 refers to the 1-4 (Gravel I Mineral) Zone. 53.2 The following uses and no others are permitted: gravel/mineral crushing or processing; gravel and mineral storage piles; watchperson's quarters; storage of raw materials and finished products; manufacturing, including processing facilities and the retail sales of the products produced on-site; construction business operations; heavy equipment repair and maintenance operations; animal hospitals. 53.3 Permitted accessory uses and buildings include: buildings or structures accessory to a permitted use 53.4 There is no minimum parcel size. 53.5 One of the following types of dwelling unit shall be permitted for use as a watchperson's quarters: single detached dwelling; Tiny House on Wheels; manufactured home; or private apartment with its own separate entrance. 53.6 The maximum permitted lot area coverage shall be 60% for the principal building with all accessory buildings and structures. 53.7 No building or structure shall exceed 18 metres in height. 53.8 No accessory building shall have a total floor area greater than 50% of the principal structure. 53.9 Except as otherwise specifically permitted in this bylaw, no building, structure or illuminated sign, shall be located within 4.6 metres of any lot line. 53.10 All outdoor storage areas and/or manufacturing activities that are adjacent to either a residential area or a highway shall be screened by a solid fence or landscaped berm that shall be not less than 2.4 metres in height from the grade to the top of the berm or fence. 53.11 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A3 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 48 of 62 54 LF (Landfill) Zone 54.1 Every subsection Section 54 refers to the LF (Landfill) Zone. 54.2 The following uses and no others are permitted: landfill operations; commercial composting operations; recycling depot or containers; kennels; animal hospitals. 54.3 Permitted accessory uses and buildings include: buildings or structures accessory to a permitted use; watchperson's quarters. 54.4 There is no minimum parcel size. 54.5 One of the following types of dwelling unit shall be permitted for use as a watchperson's quarters: single detached dwelling; Tiny House on Wheels; manufactured home; private apartment with its own separate entrance 54.6 No building or structure shall exceed 18 metres in height. 54.7 No accessory building shall have a floor area greater than 60% of the principal structure. 54.8 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within 4.6 metres of any lot line. 54.9 All outdoor storage areas and/or manufacturing activities that are adjacent to either a residential area or a street shall be screened by a solid fence or landscaped berm that shall be not less than 2.4 metres in height from the grade to the top of the berm or fence. 54.10 See Sections 12 to 33 of this Bylaw. Bylaw 2039-A3 Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 49 of 62 55 AP (Airport Industrial) Zone 55.1 Every subsection in Section 55 refers to the AP (Airport Industrial) Zone 55.2 The following uses and no others are permitted: warehousing, cartage, express, and freight facilities; aircraft maintenance and repair facilities; bulk aviation gas operations; air terminal buildings, car rental agencies and aircraft runways; manufacturing facilities, including agricultural value-added processing; machine shops; restaurants; watchperson's quarters; retail sales, secondary to the Airport use; fire suppression base. 55.3 Permitted accessory uses and buildings includes: buildings or structures accessory to a permitted use. 55.4 There is no minimum parcel size in this zone. 55.5 One of the following types of dwelling unit shall be permitted for use as a watchperson's quarters: (a) single detached dwelling; (b) manufactured home; (c) Tiny House on Wheels; (d) private apartment with its own separate entrance. 55.6 The maximum permitted lot area coverage shall be 60% for the principal building with all accessory buildings and structures. 55.7 No building or structure shall exceed 10 metres in height. 55.8 No accessory building shall have a floor area greater than 50% of the principal structure. 55.9 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within 4.6 metres of any other zone. 55.10 Setbacks from runways are subject to the Aeronautics Act of Canada, as amended. 55.11 Open fencing with no height or location restrictions is allowed in this zone. 55.12 See Sections 12 to 33 of this Bylaw. Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 50 of 62 56 CU (Community Use) Zone 56.1 Every subsection in Section 56 refers to the CU (Community Use) Zone. 56.2 The following uses and no others are permitted: libraries; museums; cemeteries; hospital, including medical clinic, dental clinic, ambulance station, rest home or private hospitals; post office; community events centre; community use service; open space passive recreational areas; municipal, local government or educational buildings, day care centers; senior citizen complexes, senior activity centres and congregate care facilities; any building or structure operating under a Private-Council partnership agreement. 56.3 Permitted accessory uses and buildings include: (a) Buildings or structures accessory to a permitted use. 56.4 There is no minimum parcel size 56.5 No accessory building shall have a floor area greater than 50% of the principal structure. 56.6 No building or structure shall exceed 10 metres in height, except fire halls; 56.7 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: (a) 6 metres of a front parcel line; (b) 1.5 metres of an interior side parcel line; (c) 3 metres of an exterior side parcel line, or (d) 6 metres of a rear parcel line 56.8 See Sections 12 to 33 of this bylaw Zoning Bylaw No. 2039, Unofficial Consolidation to Amendment 37 Page 51 of 62 57 Cannabis Production, Processing and Distribution Overlay (CPO) 57.1 Every subsection in Section 57 refers to the Cannabis Production and Processing and Distribution Overlay (CPO). 57.2 The following uses and no others are permitted: (a) Cannabis Production, Processing, or Distribution; (b) Cannabis Retail; or (c) Any use or structure permitted in the underlying zone. 57.3 Permitted accessory uses and buildings include: (a) buildings or structures accessory to a permitted use. 57.4 Unless otherwise permitted in this bylaw, no building or structure may be within 100 m of the nearest parcel boundary of a lot in a residential zone or Community Use Zone, or a youth-centred facility 57.5 See Sections 12 to 33 and 50 to 55 of this bylaw. Bylaw 2039-A1 Page 52 of 62 58 Cannabis Retail Overlay (CRO) 58.1 Every subsection in Section 58 refers to the Cannabis Retail Overlay (CRO). 58.2 The following uses and no others are permitted: (a) Cannabis Retail; (b) Any use or structure permitted in the underlying zone. 58.3 Unless otherwise permitted in this bylaw, no building or structure may be within 50 m of the nearest parcel boundary of a lot in a Community Use Zone, or a youth-centred facility. 58.4 Permitted accessory uses and buildings include: (a) buildings or structures accessory to a permitted use. 58.5 See Sections 12 to 33 and 50 to 55 of this bylaw. Bylaw 2039-A1 Bylaw 2039-A3 ZONING BYLAW No. 2039, 2018 Page 53 of 62 59 CD (Comprehensive Development) Zones 59.1 Comprehensive Development Zones are intended to accommodate and regulate the development of a use or mixture of uses based on a comprehensive plan. They are typically created for reasons such as: (a) To ensure specific design and permitted use provisions; (b) To accommodate affordable or innovative housing; and/or (c) To encourage development with unique elements of benefit to the community. 59.2 Parts 1 to 11 apply to the Comprehensive Development Zones except where there is an inconsistency with a specific regulation in Part 59, in which case the specific regulation in Part 59 applies. 59.3.1 Every subsection in Section 59.3 refers to the CD-1 (Comprehensive Development 1) Zone. 59.3.2 Location: This CD-1 zone applies to approximately 1.2 hectares (3 acres) located on the west side of the most northerly extent of Boundary Drive as shown on the map below. 59.3.3 Intent: The intent of this zone is to allow for the development of a maximum 25- unit mobile home park, to ensure protection of an ecologically sensitive area in perpetuity, and to accommodate innovative, affordable home ownership and rental options in the City. 59.3.4 Development Areas: This CD Zone is divided into two areas as shown in Schedule A-I appended to this bylaw: 59.3.5 Within the CD-1 Zone, the lands shall be developed for a comprehensively designed 25-unit mobile home park and a protected ecological reserve in accordance with the plans and drawings in Schedules A-2, A-3 and A-4 appended to this bylaw. 59.3.6 The following uses and no others are permitted in Area 1: Area Land Use Area 1 Ecological reserve, conservation area, no build area. Area 2 Comprehensively designed mobile home park. Bylaw 2039-A2 ZONING BYLAW No. 2039, 2018 Page 54 of 62 (a) Ecological Reserve 59.3.7 The following uses and no others are permitted in Area 2: (a) one single-family dwelling; (b) mobile home park; (c) recreation facilities; (d) laundry facilities; and (e) home occupations 59.3.8 No buildings or structures shall be located within 15 metres of the edge of the wetland or ecological reserve identified in Schedule A-1. 59.3.9 Permitted accessory uses and buildings include buildings or structures accessory to any of the uses permitted in Area 1 and 2 of this zone. 59.3.10 The minimum parcel size for subdivision purposes is 0.5 hectares. 59.3.11 The maximum permitted lot area coverage for all buildings and structures shall be 60%. 59.3.12 No principal building or structure shall exceed 7.5 metres in height. 59.3.13 The minimum size for a mobile home or single-family dwelling shall be 30 square metres. 59.3.14 The minimum size of a regular (double-wide) mobile home space shall be 325 square metres and the minimum size of a small (single-wide) mobile home space shall be 228 square metres. 59.3.15 Off-street parking shall be provided in accordance with the Grand Forks Zoning Bylaw as amended. 59.3.16 Except as otherwise specifically permitted in this bylaw, no building or structure shall be located within: (a) 3 metres of the front parcel line on Boundary Drive, except for mobile home spaces No. 1, 2 and 16 shown on the concept plan in Schedule II, where no building or structure shall be located within 4.6 metres of the front parcel line on Boundary Drive; (b) 1.5 metres of a side parcel line; or (c) 3 metres of a rear parcel line or exterior side parcel line. 59.3.17 On each mobile home space only 1 detached storage shed or accessor building not exceeding 13 square metres in size may be located, subject to the following regulations: (a) That such storage shed or accessory building be constructed and finished so that the design, construction and finish will complement and blend in with the mobile home; (b) That the height of the storage shed or accessory building not exceed the height of the principle dwelling (mobile home); and, (c) That such storage shed or accessory building be located to the side or rear of the mobile home and placed not closer than 1 metre to the mobile home. 59.3.18 A fence of not less than 1.8 metres high, a continuous vegetative landscape screen not less than 1.8 metres high, or a combination of both shall be located ZONING BYLAW No. 2039, 2018 Page 55 of 62 around the perimeter of the site. 59.3.19 The mobile home park shall be landscaped in accordance with the landscape concept plan as shown on Schedule A-3 appended to this bylaw. 59.4 Schedule "A-1" Development Areas, "A-2" Concept Plan, "A-3" Landscape Plan, and "A- 4" Site Plan are hereby made part of Bylaw No. 2039. ZONING BYLAW No. 2039, 2018 Page 56 of 62 Schedule "A-1" Development Areas ZONING BYLAW No. 2039, 2018 Page 57 of 62 Schedule "A-2" Concept Plan ZONING BYLAW No. 2039, 2018 Page 58 of 62 Schedule "A-3" Landscape Plan ZONING BYLAW No. 2039, 2018 Page 59 of 62 Schedule "A-4" Site Plan ZONING BYLAW No. 2039, 2018 Page 60 of 62 60 Incorporation 60.1 Schedule "A" Land Use Zoning Map attached hereto is hereby made part of this bylaw. 60.2 Schedule "A-1" Cannabis Land Use Overlay Map is hereby made part of Bylaw No. 2039. 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