Bylaw No. 683, 1997 – Zoning Bylaw

Greenwood, British Columbia

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- 1 - THE CORPORATION OF THE CITY OF GREENWOOD ZONING BYLAW NO. 683, 1997 A Bylaw to regulate the location and use of buildings and structures and the use of land, including the surface of water, within the City of Greenwood and for that purpose to divide the area into zones pursuant to the provisions of the Municipal Act, having given due regard to; - the promotion of health, safety, convenience and welfare of the public; - the prevention of the overcrowding of land, and the preservation of the amenities peculiar to any zone; - the securing of adequate light, air and access; - the value of the land and the nature of its present and prospective use and occupancy; - the character of each zone, the character of the buildings already erected and the conservation of property values. The Council of the City of Greenwood in open meeting assembled, enacts as follows: PART I INTERPRETATION 101. Title This Bylaw may be cited as "The City of Greenwood Zoning Bylaw No. 683, 1997". 102. Application This Bylaw shall apply to all lands including the surface of water within the boundaries of the City of Greenwood. 103. Definitions In this Bylaw: "ACCESSORY BUILDINGS OR STRUCTURES" means a detached building or structure which is subordinate to the principal use of the same lot or to a principal use of a building or structure located on the same lot; "AGRICULTURAL USE" means farming, horticulture, dairying, rearing and grazing of livestock, fowl and fur bearing animals, apiaries, nurseries, greenhouses and accessory uses connected therewith; but excluding intensive agricultural uses; "AUCTION MART / GROUNDS" means the use of land or a facility for the storage of goods and materials which are to be sold on the premises by public auction, and for the sale of said goods and materials by public auction on an occasional basis; - 2 - "AUTOMOBILE SERVICE STATION" means a commercial establishment which supplies fuel, oil and minor accessories for automobiles at retail direct to the customer and for cleaning, servicing and making minor or running repairs essential to the actual operation of the vehicle excluding autobody repair; "AVERAGE FINISHED GRADE" means the finished level of ground averaged at the perimeter of the exterior foundation of a building or structure; "BUILDING" means a structure having a roof; "CAMPGROUND" means a premise where spaces but not buildings are provided for the temporary accommodation of travellers in trailers, tents or recreational vehicles. A campground use may include recreation and amusement facilities, public facilities, picnic shelters and similar buildings or structures which are clearly subordinate to the principal use; "CANNABIS RETAIL STORE" means a store licensed by the Liquor and Cannabis Regulation Branch; "CARRIAGE HOUSE" means a secondary Dwelling constructed in an Accessory Building. Specific regulations for Carriage Houses are in Section 315; "CELLAR" means that portion of a building between two floor levels which has less than 50 percent of its height from finished floor to finished ceiling above the average adjacent exterior finished grade level; "COMMUNITY SEWER SYSTEM" means a system of sewerage or sewage disposal operated and maintained by the City of Greenwood; "COMMUNITY WATER SYSTEM" means a system of waterworks serving two or more parcels and which is owned, operated and maintained by the City of Greenwood; "COUNCIL" means the Council of the Corporation of the City of Greenwood; "DRIVE-IN RESTAURANT" means an eating establishment with facilities for attracting and servicing prospective customers travelling in motor vehicles which can be driven onto the premise and where the customer may remain in the vehicle for service; "DWELLING UNIT" means one or more rooms used or intended to be used for the residential accommodation of one family when such room or rooms contain(s) kitchen, bathroom and sleeping facilities for one family; "DWELLING, SINGLE FAMILY" means a detached building having independent exterior walls and containing only one dwelling unit and excludes single-wide mobile homes and single-wide modular homes; "DWELLING, TWO FAMILY" means a detached building having independent exterior walls and containing only two separate dwelling units and excludes single-wide mobile homes and single- wide modular homes; "DWELLING, MULTIPLE FAMILY" means a building containing three or more separate dwelling units; "DWELLING, SEMI-DETACHED" means a two family dwelling in which the two dwelling units are separated by a common vertical party wall; - 3 - "EMPLOYEE ACCOMMODATION" means a building or collection of buildings or structures for temporary but extended residential use, as workforce accommodation in connection with logging, mining, sawmill, oil or gas operation, railway construction, or similar industry. Accommodation is provided free of charge to employees and includes: (a) exclusive sleeping accommodation units with individual or shared bathroom facilities, (b) communal kitchen and dining facilities, and (c) laundry facilities; "EXTERIOR SIDE LOT LINE" means the lot line or lines, other than the front or rear lot lines, common to the lot and a street; "EXTENSIVE AGRICULTURAL USE" means the growing, producing and harvesting of agricultural products including the rearing and grazing of livestock but excluding intensive agricultural uses; "FAMILY" means an individual or two or more persons related by blood, marriage, adoption or foster parenthood, or a group of five or fewer persons, not necessarily related and living together in one dwelling unit; "FENCE" means a linear structure which provides a separating, protective or confining barrier; "FRONT LOT LINE" means the lot line common to the lot and a fronting street or where there is more than one fronting street the front lot line shall be determined by the Building Inspector; "FRONT YARD" means that portion of a lot which extends the full width of the lot and is located between the front lot line and the front setback requirement of the respective zone; "GROSS LOT AREA" means the total area of a lot taken in a horizontal plan; "HEIGHT" means the greatest vertical distance measured from the average finished grade to the highest point of the building or structure; "HOME OCCUPATION" means an occupation carried on for gain by the residents of the lot, where the occupation is an extension of a hobby, service or similar undertaking which is secondary to the use of the dwelling unit for residential purposes; "HOTEL OR MOTEL" means a building wherein accommodation is provided for transient public rooms of which not less than 35% may be without individual cooking facilities and such building may contain restaurants, licensed beverage rooms, banquet halls, meeting rooms, recreational facilities and cabarets; "INTERIOR SIDE LOT LINE" means the lot line or lines, not being the front or rear lot line common to the lot and an adjacent lot or to the lot and a lane; "INTENSIVE AGRICULTURAL USE" means an agricultural use which involves the commercial operation of feed lots, poultry operations, mushroom farms, piggeries and fur farms; "KENNELS" means any building, structure, compound or property in which or where three or more dogs or cats, which are six months or more in age are trained, cared for, bred, boarded or kept; "LANE" means a public thoroughfare other than a street which is not less than 6 metres (20 feet) nor more than 7.6 metres (25 feet) wide and which provides a secondary means of access to a lot or lots; - 4 - "LOT" means an area of land designated as a separate and distinct parcel on a legally reordered subdivision plan or description filed in the Land Titles Office but does not include a highway, a right-of-way or an easement; "LOT COVERAGE" means the area of the lot covered by buildings or structures located on the lot, expressed as a percentage of the gross lot area; "LOT LINE" means the legal boundary of a lot; "MOBILE HOME" means a transportable, factory built, trailer designed and approved by C.M.H.C. to provide year round living accommodation for one family and capable of being connected to service utilities, transported on its own wheels and chassis, capable of being supported on wheels, jacks, posts, piers, or by a permanent foundation, and is a minimum of 3.6 metres (12 feet) in width and a maximum 4.5 metres (14.7 feet) in width and contains a minimum gross floor area of 50 square metres (538.2 square feet); "MODULAR/MANUFACTURED HOME" means a Canadian Standards Act A277 certified factory- built buildings and bears a label of an accredited certification. The two sections must be separately towable, intended to be joined together into one integral unit and placed on a permanent foundation. Measurements between 20' to 32' wide and 42' to 60' long; "MOTOR VEHICLE WRECKING YARD" means lands and buildings where used motor vehicles, not in operable condition, and parts thereof, are kept, dismantled, sorted or sold; "NATURAL BOUNDARY" means the visible highwater mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual and so long and continued in all ordinary years as to mark upon the soil of the bed of the lake, river, stream or other body of water a character distinct from that of the banks thereof, in respect to vegetation, as well as, in respect to the nature of the soil itself as determined by the Building Inspector; "OPEN FENCING" means fencing which is constructed of wire, chain linking, or other transparent material; "PERSONAL SERVICE USE" means a retail premise which caters to consumer personal needs and includes tailors, dressmakers, shoe repairs, photographers, barber and beauty shops, salons, and similar uses; "PUBLIC SERVICE USE" means a use providing the public with fire, police and/or ambulance protection services; "PUBLIC UTILITY USE" means a use providing for the essential servicing or an area with water, sewer, electrical power, telephone and similar utilities and excluding office and administrative facilities associated therewith; "REAR LOT LINE" means the lot line opposite to and most distant from the front lot line or where the rear portion of the lot is bounded by intersecting side lot lines shall be deemed to be the point of their intersection; - 5 - "RESOURCE USE" means logging operations, portable sawmills, shakemills, silviculture, mining operations, trapping of animals, commercial fisheries, commercial guiding operations and outfitters camps. Resource uses and accessory buildings thereto may include temporary residential accommodation for persons employed in the subject operation; other than portable sawmills and shakemills referred to above, resource uses include the extraction, temporary on-site storage and shipment of natural resources but not processes to further refine these products; "RETAIL STORES AND SHOPS" means the selling of good and services directly to the consumer and includes the post office, but excludes Cannabis Retail Stores; "SALVAGE YARD" means land or buildings where used metal, rags, paper or other used material except automotive vehicles are kept, sorted or sold, but not recycled or reprocessed into other products or prepared for use as other products; "SCREENING" means a fence, wall, berm, vegetative barrier or similar buffer, and any combination thereof, that effectively obstructs the view of, or physical access to a lot or portion thereof except by means of a gate or other similar opening; "SECONDARY SUITES" means an additional dwelling unit that has been issued an Occupancy Permit, located within a residential building that has a total floor space of no more than 90 m2 in area, having a floor space less than 40% of the total habitable floor space of that building, and is subordinate to the principal dwelling unit and is a single real estate entity. This use does not include duplex housing, semi-detached housing, apartment housing, or boarding and lodging houses. Specific use regulations for Secondary Suites are in Section 316; "SHOPPING CENTRE" means a group of commercial establishments which are planned, designed and developed as an entity and having an off-street parking area provided on the same lot; "STORAGE AND WAREHOUSING ACCESSORY BUILDINGS / CONTAINERS" means the use of accessory buildings or storage containers for the purpose of receiving and storage of goods and materials, either as accessory to the principal use of the premises, or for rent. Storage and Warehousing Accessory Buildings / Containers does not include an automobile salvage or wrecking yard, a display yard, a junkyard, a recycling depot, waste transfer station, compost facility or log sorting and storage; "STREET" means a public thoroughfare, other than a lane, designed and constructed for use by vehicular and pedestrian traffic; "SWIMMING POOL" means any constructed or prefabricated pool, whether situated above or below surrounding ground level, used or intended to be used for swimming, bathing or wading, having a surface area exceeding 14 square metres (150 square feet) and a depth of more than 0.5 metres (1.5 feet), which is situated on privately owned real property; "TAKE-OUT RESTAURANT" means an eating establishment where food, refreshments and beverages are served to customers primarily for the purpose of being consumed elsewhere; "WATCHMAN'S QUARTERS" means sleeping and cooking facilities which may be provided for the use of one person who is employed in the capacity of a watchman at the site of an industrial use; - 6 - "WATERCOURSE" means any natural or man-made depression with definable banks serving to give direction to a current of water, including seasonal freshet flow, as determined by the Building Inspector. - 7 - PART TWO ADMINISTRATION 201. Administration (1) The Building Inspector or other such persons appointed by Council of the City of Greenwood shall enforce this Bylaw. (2) Persons appointed under Section 201 (1) of this Bylaw are hereby authorized to enter, at all reasonable times, upon any properties subject to the provisions of this Bylaw to ascertain whether the provisions of this Bylaw are being complied with. 202. Prohibition Subject to the provisions of the Municipal Act respecting non-conforming uses; land shall not be used nor shall buildings or structures be used, constructed, reconstructed, altered, moved or extended contrary to the provisions of this Bylaw. 203. Violation Any person who violates any of the provisions of this Bylaw, or who suffers or permits any act or thing to be done in contravention of this Bylaw, or who neglects to do or refrains from doing any act or thing which is required by any of the provisions of this Bylaw shall be deemed to have violated the provisions of this Bylaw. 204. Penalty Any person who violates any of the provisions of this Bylaw shall, upon summary conviction thereof, be liable to a penalty of not more than $500.00 plus the cost of the prosecution. Each day during which such violation is continued shall be deemed to constitute a new and separate offence. 205. Severability If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Bylaw. 206. Non-Conforming Uses (1) Buildings or structures lawfully under construction or existing at the time of adoption of this Bylaw, the use of which do not conform to this Bylaw are subject to provisions of the Municipal Act pertaining thereto. (2) Additions, expansions or structural alterations to buildings or structures lawfully under construction or existing at the time of adoption of this Bylaw, which are, occupied by, or accessory to a permitted use but which do not otherwise comply with the provisions of this Bylaw, shall be permitted only in accordance with the provisions of this Bylaw. - 8 - 207. Appeal Procedure The Board of Variance established by Bylaw by the Council of the City of Greenwood shall hear and determine any appeal pursuant to the provisions of the Municipal Act. 208. Amendment Procedure In addition to the requirements of the Municipal Act, the following requirements for an amendment to this Bylaw shall apply: (1) Application for an amendment to this Bylaw shall be submitted in writing to, and in a manner determined by, the City Clerk, together with an application fee to be determined by Council. (2) Where Council is considering an amendment to the Bylaw, a public hearing shall be held pursuant to the provisions of the Municipal Act. Notice of the public hearing shall be mailed or otherwise delivered to the owners and occupiers within an area to be specified by Council in a separate Bylaw. 209. Effective Date This Bylaw shall become effective upon the date of adoption by Council in a separate Bylaw. 210. Metric Measurement All units of measure contained within this Bylaw are in metric. Approximate imperial measurement equivalents are shown in brackets for reference and convenience only. - 9 - PART THREE GENERAL PROVISIONS 301. Lot Area (1) Lots in existence prior to the adoption date of this Bylaw are not required to comply with the Minimum Lot Area requirements outlined in the respective zones. However, such lots shall comply with all other provisions of this Bylaw as well as any other pertinent Bylaws or Provincial Acts or Statutes that may apply; and further, in the Residential 1 Zone, a maximum of one dwelling unit shall be permitted on any such existing undersized lot. (2) A lot which is reduced in size by the dedication of land to a public body in order to accommodate a necessary public service, road or utility shall be deemed to be in conformity with the Minimum Lot Area requirements of this Bylaw. (3) The Minimum Lot Area requirements for the R2, C1, C2, I and ICF Zones apply if the lot is provided with both community water and sewer systems. If both services are not provided to a lot in any of the aforementioned zones, the Minimum Lot Area Requirements for these zones shall be as follows: (a) with either community water or sewer services provided to the lot: 1,200 square metres (12,900 sq. ft.); (b) with no community services provided to the lot: 4,500 square metres (48,000 sq. ft.). 302. Minimum Floor Area (1) The minimum total floor area excluding finished or unfinished cellar floor areas for a dwelling unit in a single or two family dwelling shall be 60 square metres (645 sq. ft.). (2) The minimum floor areas for a dwelling unit in multiple family dwellings shall be as follows: (a) 40 m2 (431 sq. ft.) within each bachelor unit; (b) 50 m2 (538 sq. ft.) within each dwelling unit with one separate bedroom or more. 303. Setbacks from Bodies of Water Subject to any other Bylaw or Statute which may be more restrictive, no building or structure shall be constructed or located: (a) within 15 metres (50 feet) of the natural boundary of a surface body of water or watercourse; and - 10 - (b) with the underside of the floor system of any area use for habitation, business or the storage of goods damageable by floodwaters, or in the case of a mobile home, with the ground level on which it is located; lower than 1.5 metres (4.9 feet) above the natural boundary of a nearby watercourse or surface body of water. 304. Uses Permitted in All Zones (1) Except as otherwise stated in this Bylaw, the following uses are permitted in all zones: (a) Public parks and playgrounds; (b) Public utility uses, municipal works yards and maintenance facilities; (c) Highway and streets. (2) Uses permitted in Section 304(1) shall be subject to the regulations of the zone within which they are located, with the exception of the minimum lot area requirements. 305. Screening and Fences (1) Subject to clause (3) below screening which is 2 metres (6.5 feet) or less in height may be sited on any portion of a lot provided that such screening shall be limited to a maximum height of 1.3 metres (4 feet) when sited closer to any street than the required setbacks otherwise established for buildings and structures in the respective zone within which the screen is to be located. (2) Screening greater than 2 metres (6.5 feet) in height shall be sited in accordance with the setback requirements for a building in the zone within which they are located. (3) Open fencing shall not be restricted as to height or location. 306. Home Occupation (a) be conducted entirely within one or more wholly enclosed building, including all storage associated therewith; (b) in no way offer any visible evidence from the exterior that any such occupation is being conducted on the premise, with the exception of one non-illuminated name plate or sign, with a visible surface area of not more than 1 square metre (10.5 square feet). (c) not occupy an area greater than 25 percent of the floor area of the dwelling unit on the lot (whether or not the occupation is being conducted entirely within the dwelling unit or an accessory building); (d) generate no vibration, noise, heat, glare or radiation detectable from beyond the lot on which the dwelling is located; - 11 - (e) produce no odours, toxic or noxious matter or any electrical interference or traffic congestion; (f) employ only residents of the dwelling within which the occupation is being conducted; 307. Siting and Height Exceptions (1) Where chimneys, cornices, leaders, gutters, pilasters, belt courses, sills, bay windows or ornamental features project beyond the face of a building, the minimum distance to an abutting lot line as required elsewhere in this Bylaw may be reduced by not more than .6 metres (2 feet), providing such reduction shall apply only to the projecting feature. (2) Where steps, eaves, sunlight control projections, canopies, balconies, or porches project beyond the face of a building, the minimum distance to an abutting front, rear or exterior side lot line as required elsewhere in this Bylaw may be reduced by not more than 1.2 metres (4 feet) and the minimum distance to an abutting interior side lot line as required elsewhere may be reduced by not more than .6 metres (2 feet), provided that such reduction shall apply only to the projecting feature. (3) Free-standing lighting poles, warning devices, antennas, masts, utility poles, wires and flag poles; may be sited on any portion of a lot at the sole responsibility of the owner or the utility company. (4) Except as otherwise provided in this or other Bylaws, canopies or awnings may be constructed in commercial zones within 0.6 metres (2 feet) of the existing curb line subject to maintaining a minimum of 2.8 metres (9 feet) clearance from street level. (5) The maximum heights of buildings and structures permitted elsewhere in this Bylaw may be exceeded for industrial cranes, grain elevators, silos and windmills, towers, tanks, and bunkers; retaining walls; radio and television antennas, church spires, belfries and domes, monuments, chimneys and smoke stacks, flag poles, drive-in theatre screens; stadium bleachers, lighting poles, apartment elevator enclosures, stair towers and scenery lofts. - 12 - 308. Parking Requirements (1) Minimum off-street parking spaces and facilities shall be provided in accordance with the following table (grouped according to land use categories): USE REQUIREMENTS RESIDENTIAL A. Single, two family dwellings, mobile homes, carriage houses and secondary suites B. Multiple family dwelling Two spaces per dwelling unit a maximum of two spaces may be in tandem Two spaces per dwelling unit COMMERCIAL C. Auction Mart One space per 4 seats or 1 space per 35 m² (375 sq. ft.) available for use by its patrons, whichever is greater D. Artisans' workshops; financial institutions; funeral parlours; laundries, laundromats and dry cleaners; personal service uses; retail stores and shops; small appliance and business equipment sales and service facilities; automobile service stations, car washes; bus depots and similar public transit facilities; vehicle rental, sales and associated service facilities; medical and dental clinics and veterinarian services One space per 20 m² (215 sq. ft.) of gross floor area E. Taxi stands One space for every taxi plus one space for every office employee F. The following uses if located in a commercial zone: laboratories, film processing establishments, printing and publishing establishments One space per 3 employees on a maximum working shift, but not less than 5 spaces per establishment - 13 - G. The following uses if located in a commercial zone: light equipment rental, sales and associated service facilities; plumbing, heating and upholstery shops One space per 20 m² (215 sq. ft.) of gross floor area H. bowling alleys, pool halls, arcades and similar entertainment centres; studios One space per 35 m² of gross floor area (375 sq. ft.) or 1 space for every 4 players (at capacity) whichever is greater I. Business, administrative and professional offices; government offices; post offices One space per 30 m² (320 sq. ft.) of gross floor area J. Eating and drinking establishments One space per 3 seats (at capacity) K. Hotels and Motels One space per unit L. Shopping centres One space per 17 m² (180 sq. ft.) of gross floor area M. Take-out and drive-in restaurants Fifteen spaces (minimum) plus one space for every 3 seats N. Theatres One space per 4 seats O. Vegetable, produce, craft or similar roadside sales and display stands Four spaces per sales clerk INDUSTRIAL P. All industrial uses which are located in an industrial zone One space per 3 employees on a maximum working shift but not less than 5 spaces per establishment Q. Kennels and animal shelters One space per 3 employees on a maximum working shift but not less than 5 spaces per establishment - 14 - INSTITUTIONAL R. Community halls, church and church halls; clubs, lodges and similar fraternal organizations; libraries, art galleries, museums and similar cultural facilities One space per 4 seats or 1 space per 35 m² (375 sq. ft.) available for use by patrons, whichever is greater S. Correctional facilities One space per 3 employees on a maximum working shift T. Hospitals, other public health care facilities, sanatoriums, convalescent homes and homes for the aged One space per 90 m² (970 sq. ft.) of gross floor area U. Public and private day schools where the student body is entirely younger than the legal driving age Ten spaces plus 1 space per employee V. Other public and private day schools and similar educational facilities Ten spaces plus 1 space per 10 students plus 1 space for every 3 beds in an associated dormitory or residential facility W. Public service uses, public utility uses and municipality works yards and maintenance facilities One space per 3 employees on a maximum working shift RECREATIONAL X. Arenas, rinks, swimming pools, tennis courts, bowling greens, stadiums, golf courses and driving ranges, rodeo grounds One space per 4 seats plus 1 space for every 4 players or participants. Y. Playing fields, campgrounds, day camps; fairgrounds and amusement parks; parks, trails, and similar land extensive recreational uses; cemeteries, crematoriums; recreational vehicle parks, agricultural uses, intensive agricultural uses and resource uses Off-street parking shall be provided at the discretion of the owner - 15 - (2) Where a building or property contains more than one function or use, the required number of parking spaces shall be the sum of the requirements of each function. (3) Where a use is not specifically mentioned the parking requirement shall be the same as for a similar use mentioned in Section 308. (4) Required spaces shall be provided on the same lot as the building or use for which they are required, or alternatively, on another lot part of which is within 100 metres (328 feet) of the subject building or use provided that the two lots are located within the same zone. (5) Each parking space shall be not less than 2.5 metres (8 feet) wide, 5.5 metres (18 feet) long and 2.5 metres (8 feet) high when located on an open parking lot; and the width of each parking space shall be increased to 3 metres (10 feet) where such parking space is adjacent to any side wall, post, pillar or other such obstruction. (6) Each parking space shall be located so as to permit unobstructed access to and egress from that space to a public thoroughfare at all times. (7) With the exception of one and two family dwellings, mobile homes and campground uses, parking areas and access routes thereto shall be surfaced with asphalt, concrete or some similar durable dust free material and all parking spaces shall be clearly marked. (8) The number of access points from each parking area to a fronting street shall not exceed two. (9) Where any development abuts a Controlled Access Highway as defined in Part 6 of the Highways Act, parking standards must be in accordance with the Ministry of Transportation and Highways requirements. 309. Parking Regulations For Existing Buildings The parking requirements established in Section 308 of this Bylaw do not apply to a building or use existing prior to the adoption date of this Bylaw. However, if there is an expansion or addition to an existing use or building then the provisions of Section 308 shall apply to such expansion or addition. 310. Off-street Loading Facilities (1) Off-street loading facilities for commercial or industrial uses involving the receipt and delivery of goods or materials by vehicles shall be provided as follows: (a) 1 space for the first 500 square metres (5,380 sq. ft.) of gross floor area or fraction thereof, plus 1 additional space for each additional 2,000 square metres (21,520 sq. ft.) of gross floor area or fraction thereof. - 16 - (2) Off-street loading facilities shall: (a) be provided on the same lot as the subject use; (b) be setback a minimum of 6 metres (20 feet) from the designated fronting street; (c) have a minimum of 30 square metres (323 sq. ft.) in area, 3 metres (10 feet) in width and 4 metres (13 feet) in height for each space; (d) not project into any street, lane or public thoroughfare; (e) have unobstructed vehicular access to a public street or lane; (f) have a durable dust free surface. 311. Boarders and Lodgers Not more than two boarders or lodgers in addition to a family may be permitted to reside in a dwelling unit. 312. Freestanding Signs (1) Freestanding temporary signs with a total surface area of less than 1.0 square metre (10 sq. ft.) on any one side are permitted in any zone and may be located within 1.5 metres (5 feet) of any property line. (2) Freestanding signs with a total visible surface area of greater than 1.0 square metre (10 sq. ft.) on any one side are only permitted in the C1, C2, I, PR, ICF and RU zones and may be located within 1.5 metres (5 feet) of any property line other than one which abuts a lot in a residential zone, in which case the sign must respect the setback requirement for a building or structure within the zone in which the sign is to be located. * Amending Bylaw No. 550, Adopted July 28, 1986 (Section Deleted - Development Permits) 313. Cellars The use of a cellar as a dwelling unit shall be prohibited. 314. Swimming Pool Setbacks and Coverage (1) The minimum required setback for swimming pools in all zones shall be: (a) From a front lot line: 6 metres (20 feet); (b) From an exterior side lot line: 3 metres (10 feet); (c) From a rear lot line: 1.5 metres (5 feet); (d) From an interior side lot line: 2.5 metres (8 feet); (2) The minimum lot coverage requirements for buildings and structures established elsewhere in this Bylaw shall not apply to uncovered swimming pools. - 17 - 315. Carriage Houses (Secondary Dwelling within an Accessory Building) 315.1 Carriage Houses, where permitted in this Bylaw as an Accessory Use, shall comply with the following regulations: (1) A Carriage House must comply with all regulations for Accessory Buildings and Structures prescribed in this Bylaw, except for that which is provided for in this section. Should a conflict arise, the regulations in this section shall take precedence. (2) A Carriage House shall only be considered an Accessory Use to the Single Detached Housing Use. (3) A Carriage House is not permitted on a Lot where a Secondary Suite is located. (4) A Carriage House must be connected to the Municipal water and sanitary sewer systems. (5) Notwithstanding Section 7.4.1(d) where the Lot is 1200 m2 or greater in area a Carriage House may be connected to an onsite sanitary sewer system that has been installed in accordance with the Sewerage System Regulation under the Public Health Act. (6) A Carriage House shall have a maximum floor area of 90 m2 or 75% of the floor area of the Principal Dwelling, whichever is less. 1. A Carriage House shall have a minimum floor area of 11 m2. 2. When calculating maximum floor area of the Carriage House the following shall not be included in the calculation: i. Indoor parking space up to 46m2, with direct access to the Dwelling unit. ii. Indoor parking space with no direct access to the Dwelling unit. iii. Interior stairways. iv. Unenclosed Balconies and Decks. v. Floor areas devoted exclusively to mechanical or electrical equipment. (7) The maximum Height of a Carriage House shall be: 1. 4.5 metres; or 2. 7.5 metres, where located above a detached garage; and 3. for Lots less than 1200 m2, shall not exceed the Height of the principal Dwelling on the Lot. - 18 - (8) The distance between a Principal Dwelling and a Carriage House in any zone shall be a minimum of 3.0 metres. (9) An unobstructed pathway at least 1.5 metres wide shall be provided between the front, exterior side, or rear (when abutting a land) property line and the Carriage House. (10) A Carriage House cannot be subdivided under the Strata Property Act. (11) A Carriage House shall be sited on a permanent foundation. 316. Secondary Suite Regulations 317.1 A Secondary suite is to be located only in single detached housing. 317.2 No secondary suite will be allowed without connection to a community sanitary sewer unless the lot is at least 1,200m2 and meets the requirements of the City and the Medical Health Officer for septic disposal capacity. 317.3 The maximum floor area of a secondary suite shall not exceed the lesser of 90m2 or 40% of the total floor area of the principal building. 317.4 Parking and signs shall be in conformance with the regulations of this Bylaw 317.5 Secondary dwelling units shall comply with all relevant City Bylaws, and the Building Code. 317.6 A bed and breakfast home, a boarding or lodging house and/or group home shall not be permitted to operate within a secondary suite. 317.7 Where a secondary suite is permitted, a minimum area of 30 m2 of private open space shall be provided per dwelling unit. The private open space shall have i. a direct connection to a secondary suite entrance; and ii. be defined from other private open space and yard with the use of landscaping. 317.8 A lighted pathway is required from the on-site secondary suite parking stall(s) to the suite entrance. 318. Temporary Use Permits (1) Temporary Use Permit applications will be considered by Council on a case-by- case basis within all zone areas within the City of Greenwood. - 19 - PART FOUR ESTABLISHMENT OF ZONES 401. Zones (1) For the purpose of this Bylaw, the area incorporated into the City of Greenwood is divided into the following zones: Short Form Zone Title Zone Description R1 Residential 1 Single & Two Family Residential *R1A Residential 1A Single & Two Family Residential R2 Residential 2 Mobile Home Subdivision R3 Residential 3 Multiple Family Residential R3A Residential 3A Multiple Family Residential C1 Commercial 1 General Commercial C1A Commercial 1A General Commercial C2 Commercial 2 Highway Commercial **C3 Commercial 3 Service Commercial I Industrial General Industrial LI Light Industrial Light Industrial PR Parks and Recreational ICF Institutional and Community Facilities RU Rural (2) The extent and boundary of each zone is shown on City of Greenwood Zoning Map which is attached hereto and forms part of this Bylaw as "Schedule 'A' ". (3) When a zone boundary is indicated as following a road allowance or a watercourse, the centre line of such road allowance or watercourse shall be the zone boundary. (4) Where a zone boundary does not follow a legally defined line and where the distances are not specifically indicated, the location of the boundary shall be determined by scaling from the Zoning Map. * Amending Bylaw No. 648, Adopted September 27, 1993 ** Amending Bylaw No. 657, Adopted June 13, 1994 - 20 - 402. Residential 1 Zone (Single and Two Family) R1 402.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Residential 1 Zone. 402.2 Permitted Uses (1) Single family dwellings; (2) Two family dwellings and semi-detached dwelling; (3) Home occupations; (4) Churches and church halls; (5) Public and private day schools; (6) Community halls; (7) Public service uses; (8) Publicly owned libraries, art galleries and museums and similar publicly owned cultural facilities; (9) Clubs, lodges and similar fraternal organizations of a philanthropic or charitable nature provided they do not include facilities for residential accommodation; (10) Accessory buildings and structures; (11) Carriage houses; (12) Secondary suites. 402.3 Minimum Lot Area (1) The minimum lot area required for a permitted use within the R1 Zone is as follows: MINIMUM LOT AREA Level of Service Provided Single Family Dwelling Two Family and Semi-Detached Dwelling Other Principal Use a) With Community Water & Sewer 465 m² (5,000 sq. ft.) per dwelling unit 465 m² (5,000 sq. ft.) 465 m² (5,000 sq. ft.) b) Without Community Water or Sewer 1,200 m² (12,900 sq. ft.) per dwelling unit 1,200 m² (12,900 sq. ft.) 1,200 m² (12,900 sq. ft.) c) No Community Services 4,500 m² (48,400 sq. ft.) per dwelling unit 2,250 m² 24,200 sq. ft.) 4,500 m² (48,400 sq. ft.) (2) A semi-detached dwelling may be erected on two adjacent existing lots provided the common vertical party wall and the common side lot lines between the two lots are coincidental - 21 - 402.4 Setbacks (1) No building or structure shall be located within: (a) 6 metres (20 feet) of a front lot line; (b) 1.5 metres (5 feet) of an interior side lot line; (c) 4.5 metres (15 feet) of an exterior side lot line; (d) 6 metres (20 feet) of a rear lot line, except that an accessory building may be located within 1.5 metres (5 feet) of a rear lot line provided that the rear lot line does not abut a street. (2) The minimum required setback from an interior side lot line adjacent to a vertical common party wall separating dwelling units in a semi-detached dwelling shall be waived. 402.5 Lot Coverage Buildings and structures together shall not cover more than 35 percent of the gross lot area. 402.6 Height The maximum permitted height shall be as follows: (a) Principal buildings - 9 metres (30 feet); (b) Accessory buildings - 4.5 metres (15 feet); 402.7 Parking Parking shall be in accordance with the provisions of Sections 308 and 309 of this Bylaw. - 22 - *402A. Residential 1A Zone (Single & Two Family) R1A 402A.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Residential 1A Zone. 402A.2 Permitted Uses (1) All uses permitted in the Residential 1 Zone. 402A.3 Standards Uses permitted in the Residential 1A Zone shall conform with the provisions of 402.3 to 402.7 inclusive, except that a two family dwelling wherein one unit is located entirely above the other, other than entrance ways and stairs, shall be permitted on lots which are 465 m2 (5000 sq. ft.) or larger. * Amending Bylaw No. 648, Adopted September 27, 1993 - 23 - 403. Residential 2 Zone (Mobile Home Subdivision) R2 403.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Residential 2 Zone. 403.2 Permitted Uses (1) Mobile homes; (2) Home occupations; (3) Accessory buildings or structures. (4) Modular/manufactured homes. 403.3 Minimum Lot Area The minimum lot area for a lot provided with both community water and sewer services shall be 230 square metres (2,500 sq. ft.) 403.4 Setbacks (1) No building or structure shall be located within: (a) 6 metres (20 feet) of a front lot line; (b) 1.5 metres (5 feet) of an interior side lot line; (c) 4.5 metres (15 feet) of an exterior side lot line; (d) 4.5 metres (15 feet) of a rear lot line, except that an accessory building may be located within 1.5 metres (5 feet) of a rear lot line. 403.5 Lot Coverage Buildings and structures together shall not cover more than 40 percent of the gross lot area. 403.6 Height The maximum permitted height shall be as follows: (a) Mobile - 8 metres (26 feet); (b) Accessory building - 4 metres (13 feet); 403.7 Parking Parking shall be in accordance with the provisions of Section 308 and 309 of this Bylaw. - 24 - 404. Residential 3 Zone (Multiple Family) R3 404.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Residential 3 Zone. 404.2 Permitted Uses (1) Multiple family dwellings; (2) Accessory buildings and structures; (3) On that part, Lot A, Plan 20625, DL 711, SDYD which is located on the east side of Highway No. 3 north of Deadwood Street and zoned R3, a liquor retail store operated by the Provincial Government or its agent shall also be a permitted use; (4) On the property zoned R3 at the northeast corner of Mowat and Highway 3 (Lots 11 and 12, Block 5, Plan 46, DL 879, SDYD) the existing multiple family dwelling shall be deemed to be a permitted use in conformity with all the provisions of this Bylaw. If this use is destroyed by any means beyond the control of the owner, it may be replaced and rebuilt to the same extent in its former location. No extension or expansion to this use shall be permitted. (5) Two Family Dwellings* 404.3 Minimum Lot Area The minimum lot area shall be 1,000 square metres (10,800 sq. ft.). 404.4 Density A minimum site area of 170 square metres (1,800 sq. ft.) shall be required for every dwelling unit located on the lot. 404.5 Services All multiple family dwellings shall be connected to both community water and sewer services. 404.6 Setbacks (1) No building or structure shall be located within: (a) 7.5 metres (25 feet) of a front or rear lot line; (b) 5 metres (16 feet) of an interior or exterior side lot line. 404.7 Lot Coverage Buildings and structures together shall not cover more than 40 percent of the gross lot area. - 25 - 404.8 Height The maximum permitted height shall be as follows: (a) Principal buildings - 12 metres (40 feet); (b) Accessory buildings - 4.5 metres (15 feet); * Amending Zoning Bylaw No. 631, Adopted November 4, 1992 404.9 Parking Parking shall be in accordance with the provisions of Sections 308 and 309 of this Bylaw. - 26 - 404A. Residential 3A Zone (Multiple Family Residential) R3A 404A.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Residential 3A Zone. 404A.2 Permitted Uses (1) Multiple family dwellings (2) Accessory buildings and structures 404A.3 Minimum Lot Area The minimum lot area shall be 1,000 square metres (10,800 sq. ft.). 404A.4 Density A minimum site area of 170 square metres (1,800 sq. ft.) shall be required for every dwelling unit located on the lot. 404A.5 Services All multiple family dwellings shall be connected to both community water and sewer services. 404A.6 Setbacks (1) No building or structure shall be located within: (a) 7.5 metres (25 feet) of a front lot line; (b) 5 metres (16 feet) of an interior or exterior side lot line. 404A.7 Lot Coverage Buildings and structures together shall not cover more than 40 percent of the gross lot area. 404A.8 Height The maximum permitted height shall be as follows: (a) Principal buildings - 12 metres (40 feet); (b) Accessory buildings - 4.5 metres (15 feet). 404A.9 Parking Parking shall be in accordance with the provisions of Sections 308 and 309 of this Bylaw. - 27 - 405. Commercial 1 Zone (General Commercial) C1 405.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Commercial 1 Zone. 405.2 Permitted Uses (1) Artisans workshops with associated retail sales area; (2) Auction marts (indoor) (3) Automobile service stations, car washes; (4) Bowling alleys, pool halls, arcades and similar entertainment centres; (5) Bus depots, taxi stands; (6) Business, administrative, professional and government offices; (7) Eating and drinking establishments, including take-out but not drive-in restaurants; (8) Financial institutions; (9) Hotels and motels; (10) Laboratories and film processing establishments; (11) Laundromats and dry cleaning establishments; (12) Light equipment rentals, sales and associated service facilities; (13) Medical and dental clinics, and veterinarian services; (14) Personal service uses; (15) Plumbing, heating and upholstery shops; (16) Post offices; (17) Printing and publishing establishments; (18) Retail stores and shops; (19) Shopping centres; (20) Small appliance and business equipment sales and service facilities; (21) Theatres (indoor) and studios; (22) Vehicle rental, sales and associated service facilities; (23) Churches and church halls; (24) Community halls; (25) Clubs, lodges and fraternal organizations; (26) Hospitals and other public health care facilities; (27) Libraries, art galleries, museums and similar cultural facilities; (28) Municipally operated parking lots and structures; (29) Public and private day schools; (30) Public service uses; (31) Arenas, rinks, swimming pools, tennis courts, bowling greens, playing fields; and similar open or enclosed active recreational areas and facilities; (32) One or more residential dwelling units located in combination with a permitted non-residential use provided that: (a) the dwelling(s) is (are) within the same building as the non-residential use; (b) the entrance to the dwelling(s) is (are) separate from that of the non-residential use; (c) the minimum floor area is 50 square metres (540 sq. ft.) per dwelling; - 28 - (d) if the residential use(s) is (are) located on a lot with frontage on Highway No. 3 between Wellington and Deadwood Streets and the dwelling unit(s) shall be located either above or behind a non-residential use; (33) Accessory buildings or structures; (34) Cannabis retail stores. 405.3 Minimum Lot Area The minimum area for a lot provided with both community water and sewer services shall be 230 square metres (2,500 sq. ft.). 405.4 Density A minimum site area of 100 square metres (1,100 sq. ft.) shall be required for every dwelling unit located on the lot. 405.5 Setbacks (1) There shall be no minimum required setback for buildings or structures from the front lot line or from any interior or exterior side lot line. (2) The minimum required setback for buildings and structures from a rear lot line shall be 6 metres (20 feet) except that an accessory building may be located within 1.5 metres (5 feet) of a rear lot line. (3) Gas pumps for an automobile service station or similar use shall be set back a minimum of 4.5 metres (14.7 feet) from any lot line. 405.6 Lot Coverage Buildings and structures together shall not cover more than 75 percent of the gross lot area. 405.7 Height The maximum permitted height shall be as follows: (a) Principal Buildings - 15 metres (50 feet); (b) Accessory Buildings - 4.5 metres (15 feet); 405.8 Parking and Loading Parking and Loading shall be in accordance with the provisions of Sections 308, 309 and 310 of this Bylaw. - 29 - 405.9 Conditions of Use (a) Notwithstanding the Permitted Uses set out in Section 405.2 (34), "Cannabis Retail Store" is a permitted use, subject to approval from the Liquor and Cannabis Regulation Branch; and (b) Three "Cannabis Retail Stores" are permitted within the City of Greenwood. 405.10 Site Specific Use A "Cannabis Retail Store" is permitted in Commercial Zone 1 and Commercial Zone 2 on properties from Brooklyn Street to Washington Street on Copper Avenue (Highway 3). - 30 - 405A. Commercial 1A Zone (General Commercial) C1A 405A.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Commercial 1A Zone. 405A.2 Permitted Uses (1) All uses permitted in the Commercial 1 Zone (General Commercial) (2) Auction Mart / Grounds (3) Storage and Warehousing Accessory Buildings / Containers 405A.3 Minimum Lot Area The minimum area for a lot provided with both community water and sewer services shall be 465 square metres (5,005 square feet). 405A.4 Setbacks No building or structure shall be located within: (a) 6 metres (20 feet) from a front lot line or from an exterior lot line for principal buildings. (b) 1.5 metres (5 feet) from a front lot line or from an exterior lot line for accessory buildings / containers. (c) 1.5 metres (5 feet) from an interior side lot line. (d) 6 metres (20 feet) from a rear lot line for principal buildings. (e) 1.5 metres (5 feet) from a rear lot line for accessory buildings. 405A.5 Lot Coverage Buildings and structures together shall not cover more than 75 percent of the gross lot area. 405A.6 Height The maximum permitted height shall be as follows: (a) Principal buildings - 15 metres (50 feet). (b) Accessory buildings / containers - 4.5 metres (15 feet). 405A.7 Parking and Loading Parking and loading shall be in accordance with the provisions of Sections 308, 309 and 310 of this Bylaw. - 31 - 406. Commercial 2 Zone (Highway Commercial) C2 406.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Commercial 2 Zone. 406.2 Permitted Uses (1) Automobile service stations, car washes; (2) Bus depots, taxi stands; (3) Eating and drinking establishments including both take-out and drive-in restaurants; (4) Hotels and motels; (5) Passenger and freight terminals, depots, marshalling yards, and similar distribution and redistribution facilities; (6) Sales rental, service and repair of motorized vehicles, farm machinery and similar heavy equipment; (7) Warehouses and wholesale suppliers; (8) Public service uses; (9) Accessory buildings and structures; * (10) Private campgrounds and recreational vehicle parks; (11) Cannabis retail store. 406.3 Minimum Lot Area The minimum area for a lot provided with both community water and sewer systems shall be 465 square metres (5,000 sq. ft.). 406.4 Setbacks (1) No building or structure shall be located within: (a) 10 metres (33 feet) of a front lot line or exterior side lot line; (b) 6 metres (20 feet) of an interior side lot line or a rear lot line. 406.5 Height The maximum permitted height shall be as follows: (a) Principal buildings - 9 metres (30 feet); (b) Accessory buildings - 4.5 metres (15 feet); 406.6 Lot Coverage Buildings and structures together shall not cover more than 60 percent of the gross lot area. - 32 - 406.7 Parking and Loading Parking and loading shall be in accordance with the provisions of Sections 308, 309 and 310 of this Bylaw. 406.8 Site Specific Use** (1) Employee Accommodation is permitted on land legally described as: Parcel A, Block 38, Plan KAP34, District Lot 711, SDYD, Portion (DD KX40785), PID: 026-266-504 and Block 38, Plan KAP34, District Lot 711, SDYD, Portion (W ½) amended W ½ Block 38 (DD C21380 & PL B7542), PID: 008-105-146 (2) Employee Accommodation is subject to conditions imposed by Council regarding maximum occupancy, access, parking, required services, landscaping and fencing. 406.9 Conditions of Use (a) Notwithstanding the Permitted Uses set out in Section 406.2 (11), "Cannabis Retail Store" is a permitted use, subject to approval from the Liquor and Cannabis Regulation Branch; and (b) Three "Cannabis Retail Stores" are permitted within the City of Greenwood. 406.10 Site Specific Use A "Cannabis Retail Store" is permitted in Commercial Zone 1 and Commercial Zone 2 on properties from Brooklyn Street to Washington Street on Copper Avenue (Highway 3). * Amending Bylaw No. 597, Adopted December 18, 1989. ** Amending Bylaw No. 925, 2018, Adopted April 23, 2018. - 33 - 406A Service Commercial C3 406A.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Commercial 3 Zone. 406A.2 Permitted Uses (1) Horticultural Specialty Operations including the growing of mushrooms, greenhouse products, nursery plants and similar horticultural specialties; (2) Sporting Goods Shops including light manufacture, assembly, repair and servicing of personal sporting goods; (3) Small Engine Repair and Servicing Shops; (4) Retail Sales, Services, and Offices which are accessory to a permitted use in this zone. 406A.3 Minimum Lot Area The minimum lot area shall be 465 square metres (5,000 sq. ft.) 406A.4 Setbacks (1) No building or structure shall be located within: (a) 6 metres (20 ft.) of the front lot line; (b) 1.5 metres (5 ft.) of an interior side lot line; (c) 4.5 metres (15 ft.) of an exterior side lot line; and (d) 6 metres (20 ft.) of a rear lot line. 406A.5 Lot Coverage Buildings and structures together shall not cover more than 35 percent of the gross lot area. 406A.6 Height The maximum permitted height shall be as follows: (a) Principal buildings - 9 metres (30 ft.) (b) Accessory buildings - 4.5 metres (15 ft.) 406A.7 Parking Parking shall be in accordance with the provisions of Section 308 of this Bylaw. 406A.8 Outdoor Storage (1) No outdoor storage shall be located in a front or exterior side yard. (2) Outdoor storage in an interior side or rear yard area shall be setback in accordance with the provisions of Section 406A(1)(b) and (d) of this Bylaw and shall be surrounded by a tight board fence or continuous vegetative screen not less than 2 metres (6.5 ft.) high. - 34 - 407. Industrial Zone (General Industrial) 407.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Industrial Zone. 407.2 Permitted Uses (1) Auction mart; (2) Automobile service stations, car and truck washes; (3) Automobile wrecking yard; (4) Building contractors' office, shop and yard; (5) Feed and seed sales and storage facilities; (6) Fuel storage, distribution and wholesale supply facilities; (7) Kennels and animal shelters; (8) Laboratories and similar research facilities; (9) Public works yards and maintenance facilities; (10) Passenger and freight terminals, depots, marshalling yards and similar distribution and redistribution facilities; (11) Primary natural resource extraction, processing and storage activities and facilities; (12) Sales, rental, service and repair of motorized vehicles, machinery and heavy equipment; (13) Salvage yards; (14) Stockyards, slaughterhouses, feedlots and similar intensive agricultural uses; (15) The manufacture, assembling, treatment, compounding, processing, fabrication, packaging, bottling and storage of previously prepared or unprepared material; (16) Warehouses and wholesale suppliers; (17) Waste disposal sites and waste reduction or recycling plants, sewage disposal plants; (18) Watchman's quarters; (19) Public service use; (20) Accessory buildings or structures. 407.3 Minimum Lot Area The minimum area for a lot provided with both community water and sewer systems shall be 930 square metres (10,000 sq. ft.). 407.4 Setbacks (1) No building or structure shall be located within: (a) 6 metres (20 feet) of a front lot line or exterior side lot line; (b) 4 metres (13 feet) of a rear lot line or an interior side lot line. 407.5 Lot Coverage Buildings and structures together shall not cover more than 60 percent of the gross lot area. - 35 - 407.6 Height The maximum permitted height shall be as follows: (a) Principal buildings - 12 metres (40 feet); (b) Accessory buildings - 4.5 metres (15 feet). 407.7 Parking and Loading Parking and loading shall be in accordance with the provisions of Section 308, 309, and 310 of this Bylaw. - 36 - 408. Parks and Recreational Zone PR 408.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Parks and Recreational Zone. 408.2 Permitted Uses (1) Community halls; (2) Arenas, rinks, swimming pools, tennis courts, bowling greens, golf courses, playing fields, stadiums and similar active open or enclosed recreational areas and facilities; (3) Campgrounds and day camps; (4) Fairgrounds and amusement parks; (5) Public and private parks and playgrounds; (6) Accessory buildings or structures. 408.3 Setbacks (1) No building or structure other than playground equipment shall be located within: (a) 6 metres (20 feet) of a front lot line; (b) 4.5 metres (15 feet) of an interior or exterior side lot line or a rear lot line. 408.4 Parking Parking shall be in accordance with the provisions of Sections 308 and 309 of this Bylaw. - 37 - Institutional And Community Facilities Zone ICF 409.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Institutional and Community Facilities Zone. 409.2 Permitted Use (1) Public and private day schools; (2) Accessory buildings and structures. 409.3 Minimum Lot Area The minimum area for a lot provided with both community water and sewer services shall be 465 square metres (5,000 sq. ft.). 409.4 Setbacks (1) No building or structure shall be located within: (a) 6 metres (20 feet) of a front lot line; (b) 1.5 metres (5 feet) of an interior side lot line; (c) 4.5 metres (15 feet) of an exterior side lot line; (d) 6 metres (20 feet) of a rear lot line. 409.5 Lot Coverage Buildings and structures together shall not cover more than 40 percent of the gross lot area. 409.6 Height (1) The maximum permitted height shall be as follows: (a) Principal buildings - 12 metres (40 feet); (b) Accessory buildings - 4.5 metres (15 feet). 409.7 Parking Parking shall be in accordance with the provisions of Sections 308 and 309 of this Bylaw. - 38 - 410. Rural Zone RU 410.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Rural Zone. 410.2 Permitted Uses (1) Agricultural uses (excluding intensive agricultural uses); (2) Cemeteries; (3) Resource uses; (4) Kennels and animal shelters provided they do not include any outside animal enclosures or runs; (5) Rodeo and gymkhana grounds; (6) Single family dwellings; (7) Mobile homes; (8) Home occupations; (9) Public service uses; (10) Accessory buildings and structures. 410.3 Minimum Lot Area The minimum lot area shall be 16 hectares (40 acres). 410.4 Setbacks (1) No building or structure shall be located within: (a) 6 metres (20 feet) of a front lot line or exterior side lot line; (b) 4 metres (13 feet) of a rear lot line or an interior side lot line. 410.5 Special Setbacks (1) No drinking or feed trough, no manure storage area and no enclosure, structure or building used for housing or keeping of animals, shall be located within 20 metres (66 feet) of any lot line which abuts property zoned residential, commercial or institutional. (2) All structures, pens, runs, enclosures and manure storage areas shall, in addition to the requirements of Section 410.5(1), be located to the satisfaction of the Medical Health Inspector in respect of all nearby wells, lakes, streams, springs or other bodies of water or any residential area which in the Inspector's opinion could suffer contamination there from. (3) Section 410.5(1) shall not apply to fences located at or near to the lot lines which are used to enclose grazing animals. 410.6 Lot Coverage Buildings and structures together shall not cover more than 5 percent of the gross lot area. - 39 - 410.7 Parking Parking shall be in accordance with the provisions of Sections 308 and 309 of this Bylaw. - 40 - 411. Light Industrial Zone 411.1 Subject to compliance with the General Provisions in Part 3, the following provisions shall apply in the Light Industrial Zone. 411.2 Permitted Uses (1) Manufacturing and assembly if conducted entirely within a wholly enclosed building (2) Food products manufacturing, processing, and packaging (3) Accessory buildings or structures (4) Warehouse (5) Recreation 411.3 Minimum Lot Area The minimum area for a lot provided with both community water and sewer systems shall be 930 square metres (10,000 sq. ft.). 411.4 Setbacks (1) New buildings or structures shall be located within (a) 6 metres (20 feet) of a front or exterior side lot line; (b) 4 metres (13 feet) of a rear lot line or exterior side lot line. (2) Existing buildings must conform to the setbacks in place when they were rezoned to Light Industrial. 411.5 Lot Coverage Buildings and structures together shall not cover more than 60% of the gross lot area. 411.6 Height (1) The maximum permitted height requirements for new buildings shall be as follows: (a) Principal buildings - 12 metres (40 feet); (b) Accessory buildings - 4.5 metres (15 feet). 411.7 Parking and Loading Parking and loading shall be in accordance with the provisions of Section 308, 309, and 310 of this Bylaw. 411.8 Screening The property will be screened from residential property by trees, hedges, or closed fencing (a minimum of 1.5 metres in height), or any combination thereof. - 41 - 411.9 Ground Water Protection Liquid effluent that will contaminate the ground or groundwater, or interfere with the operation of the operation of the sewer treatment plant must be disposed of in a manner that is in keeping with the Ministry of Environment regulations. - 42 - SCHEDULE "A" ZONING MAP Read a first time this 23rd day of September 1996. Read a second time this 15th day of October 1996. Public Hearing Notice Advertised this 16th day of October 1996 and also this 23rd day of October 1996. Public Hearing pursuant to Section 956 of the Municipal Act, R.S.B.C. was held on this 29th day of October 1996, recessed and reconvened on this 12th day of November 1996. Bylaw Tabled on this 25th day of November 1996, for the new Council. Public Hearing Notice Advertised this 5th day of March, 1997 and also this 12th day of March, 1997. Public Hearing pursuant to Section 956 of the Municipal Act, R.S.B.C. was held on this 17th day of March 1997. Read a third time this 17th day of March 1997. Reconsidered and finally adopted this 24th day of March 1997.