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Zoning Amendment Bylaw 1443, 2022
Page 1 of 8
THE DISTRICT OF HOPE
BYLAW NO. 1443
A bylaw to amend the District of Hope Zoning Bylaw 1324
WHEREAS pursuant to Section 479 of the Local Government Act, a local government
may adopt a Zoning Bylaw;
AND WHEREAS the Council of the District of Hope deems it appropriate to amend Zoning
Bylaw 1324, 2012 by making amendments;
NOW THEREFORE the Council of the District of Hope, in open meeting assembled,
enacts as follows:
CITATION
1.
This bylaw may be cited for all purposes as the "District of Hope Zoning
Amendment Bylaw No. 1443, 2022".
ENACTMENT
2.
That SECTION 2.0 DEFINITIONS, be amended as follows:
AGRICULTURAL USE means growing, rearing and harvesting of agricultural
products excluding cannabis production for commercial purposes, and includes,
without limiting the generality of the foregoing:
a)
processing and storage of agricultural products grown, reared, produced or
harvested on the same farm;
b)
storage of farm machinery, implements and supplies necessary to the
AGRICULTURAL USE, the repair of farm machinery and implements used
on that farm;
c)
the keeping of cattle, goats, llamas, poultry, sheep or other livestock and
bees;
d)
the keeping, boarding, breeding, training and riding of horses.
CANNABIS PRODUCTION means the lawful production of cannabis and cannabis
derivatives for medical and non-medical purposes, in accordance with the Federal
Cannabis Act and applicable regulations, and includes cultivation, harvesting,
processing, storage, packaging, non-retail distribution, analytical testing, and
research. Cannabis production excludes retail cannabis sales and the cultivation of
cannabis by an individual for person use and consumption.
Zoning Amendment Bylaw 1443, 2022
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LIQUOR PRIMARY USE means a building in which the principal use is the serving
or retail sale of liquor for consumption on or off the premises under the Liquor
Primary License or Liquor Primary Club License issued under the Liquor Control
and Licensing Act as amended from time to time.
RETAIL SALE OF CANNABIS means the use of land, buildings or other structures
for dispensing, selling or distributing Cannabis or Health Canada authorized
Cannabis related products as lawfully permitted and authorized under a Retail
Cannabis Licence and the Cannabis Distribution Act of British Columbia and
Cannabis Act of Canada and the respective regulations thereunder enacted and
amended from time to time.
3.
That SECTION 5.1 USES PROHIBITED IN ALL ZONES, be amended as follows:
5.1.2
The following uses of land, buildings or structures shall be prohibited in all
zones:
a)
unless expressly permitted, the use of an accessory building for
residential purposes, other than those expressly permitted; and
b)
unless expressly permitted, any use located in part or in total in a tent
or a recreational vehicle except for temporary tourist accommodation;
and
c)
the use of any modular storage unit other than those meeting the
criteria of the District of Hope Modular Storage Unit (Shipping
Container) Policy Manual or those units approved by Council; and
4.
That SECTION 6.0 OFF STREET PARKING AND LOADING, be amended as
follows:
6.19.2 The minimum number of off-street parking spaces required for commercial
use shall be provided as follows:
Zoning Amendment Bylaw 1443, 2022
Page 3 of 8
Off-Street Parking Spaces Required for Commercial Use
Use
Minimum Number of
Off-Street Parking Spaces
Liquor primary use
(bar, neighbourhood pub, cocktail lounge,
night club)
1 per 3 seats
Marina or dock
1 per boat space
Medical or dental office, veterinary clinic
1 per 25 m2 floor area
Office
(Business or professional office)
1 per 30 m2 floor area
Recreational accommodation
(campground, holiday park)
1 per sleeping unit, plus
1 visitor parking space per every 3
sleeping units
Restaurant
(café, coffee shop, delicatessen, fast food
outlet)
1 per 4 indoor seats with a
minimum of 3 for employees, plus
1 additional space for every 12
seasonal outdoor seats
Retail uses
(general store, financial institution, nursery,
commercial service use, retail sale of
cannabis)
1 per 20 m2 floor area, excluding
any storage area
Tourist accommodation
(hotel, motel or motor inn, holiday or tourist
cabin)
1 per sleeping unit
Vehicle services
(service station, vehicle sales or rental
operation, vehicle service or repair,
commercial vehicle storage)
1 per 2 employees, plus
2 per service bay
5.
That SECTION 8.0 USE REGULATIONS, be amended as follows:
8.11
CANNABIS PRODUCTION FACILITY
8.11.1 CONDITIONS OF USE
a)
Residential dwelling units shall not be permitted on the same parcel as
the Cannabis Production Facility.
b)
Once the site specific Health Canada approvals have been obtained,
the Cannabis Production Facility use shall become the sole permitted
use on that property and all entitlements of other permitted uses will
no longer apply until the Cannabis Production Facility use ceases.
Zoning Amendment Bylaw 1443, 2022
Page 4 of 8
c)
Accessory uses and structures must be associated with the Cannabis
Production Facility.
d)
The minimum lot area for a parcel shall be 4.0 hectares (~9.9 acres).
e)
The minimum setbacks shall be:
Front Lot Line
15.0 metres (~49.5 feet)
Rear Lot Line
15.0 metres (~49.5 feet)
Interior Side Lot Line
15.0 metres (~49.5 feet)
Exterior Side Lot Line
15.0 metres (~49.5 feet)
8.11.2 OTHER REGULATIONS
a)
Cannabis Production Facilities and associated structures shall be
located a minimum of 100 metres (328 feet) from all residential zoned
property and Country Residential (CR-1) properties and those
Comprehensive Development zoned properties that are residential.
b)
Cannabis Production Facilities shall be located a minimum of 500
metres (~1640 feet) from all schools, churches, hospitals and senior
housing.
c)
Servicing for the facilities shall be designed by a qualified
professional. A plan acceptable to the District shall be submitted to
describe their method to protect emissions to the air (odors and
noise), sanitary sewer, storm sewer, potable water and ground water.
d)
Outdoor lighting shall be designed such that it will not have a negative
impact on neighbouring properties.
e)
Must provide proof of a valid application to Heath Canada under the
Cannabis Act.
8.12
RETAIL SALE OF CANNABIS
8.12.1 CONDITIONS OF USE
The retail sale of cannabis must meet the following property to property
proximity setbacks:
- 100 metres from both the Parks and Recreation (P-1) Zone and
Institutional (P-2) zone;
- 100 metres from a Day Care holding a valid District of Hope Business
Licence; and
- 400 metres from an existing cannabis retailer.
Zoning Amendment Bylaw 1443, 2022
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Further shall adhere to:
- Cannabis Act of Canada as amended from time to time;
- Retail Cannabis Licence and the Cannabis Distribution Act of British
Columbia as amended from time to time;
- District of Hope Business Licence Bylaw as amended from time to
time; and the
- Cannabis & Liquor Licencing Policy as amended from time to time.
6.
That SECTION 11.0 COMMERCIAL ZONES be amended as follows:
11.1
DOWNTOWN COMMERCIAL (CBD) ZONE
11.1.2 PERMITTED USES
.1
The following principal uses and no others shall be permitted:
a)
Assembly use;
b)
Bus depot and taxi office;
c)
Business or professional office;
d)
Civic use;
e)
Commercial service use;
f)
Day care;
g)
Entertainment facility;
h)
Financial institution;
i)
Hotel;
j)
Liquor primary use including, but not limited to and without limiting
the generality of the foregoing, a cabaret, lounge or night club;
k)
Medical or dental office;
l)
Motel or motor inn;
m)
Off-street parking area;
n)
Place of worship;
o)
Public market;
p)
Radio and television broadcasting station;
q)
Recreation facility including, without limiting the generality of the
foregoing, a bowling alley, billiard and pool room, racquet sports and
fitness centre;
r)
Restaurant;
s)
Retail store;
t)
Specialty retail;
u)
Tourist information booth;
v)
Veterinary clinic;
Zoning Amendment Bylaw 1443, 2022
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w)
Video games arcade;
x)
Retail sale of cannabis.
11.1.3 CONDITIONS OF USE
.1
All multiple family dwellings and accessory dwelling units shall be only
located above the ground floor, shall have separate entrances leading
directly to the street and shall be divided from the other uses by walls.
.2
Any home based business shall be subject to the Home Based Business
Use Regulations of this Bylaw.
.3
A dwelling unit accessory to a motel or motor inn may be located on the
ground floor but shall be located within the same building as the motel or
motor inn.
.4
The retail sale of cannabis shall be subject to the Retail Sale of Cannabis
Use Regulations of this Bylaw.
11.4
REGIONAL COMMERCIAL (C-3) ZONE
11.4.2 PERMITTED USES
.1
The following principal uses and no others shall be permitted:
a)
Business or professional office;
b)
Financial institution;
c)
Liquor primary use;
d)
Medical or dental office;
e)
Restaurant;
f)
Retail store;
g)
Retail sale of cannabis.
11.4.3 CONDITIONS OF USE
.1
All accessory buildings or structures shall also be subject to the Accessory
Buildings and Structures General Regulations of this Bylaw.
.2
All accessory dwelling units shall only be located above the ground floor
and shall have separate entrances leading directly to grade and be divided
from the other uses by walls.
.3
The retail sale of cannabis shall be subject to the Retail Sale of Cannabis
Use Regulations of this Bylaw.
Zoning Amendment Bylaw 1443, 2022
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11.6
COMMERCIAL TRANSITION (C-5) ZONE
11.6.2 PERMITTED USES
.1
The following principal uses and no others shall be permitted:
a)
Apartment;
b)
Business or professional office;
c)
Day care;
d)
Medical or dental office;
e)
Motel or motor inn;
f)
One family residence;
g)
Restaurant;
h)
Retail store;
i)
Retail sale of cannabis.
11.6.3 CONDITIONS OF USE
.1
There shall be no more than 1 one family residence on a parcel.
.2
No side of a one family residence shall have an overall dimension of less
than 6 metres (~20 feet) excluding additions and projections.
.3
All accessory buildings or structures shall be subject to the Accessory
Buildings and Structures General Regulations of this Bylaw.
.4
A bed and breakfast shall be limited to 3 sleeping units.
.5
Boarding of not more than 2 persons shall be permitted in a one family
residence only.
.6
A day care shall not be located in any dwelling unit of an apartment or
multiple family dwelling.
.7
All home based businesses shall be subject to the Home Based Business
Use Regulations of this Bylaw.
.8
A common amenity area of not less than 100 square metres (~1,076 square
feet) and minimum dimension of not less than 6 metres (~20 feet) shall be
provided for all buildings containing 10 or more dwelling units on a parcel.
Such a common amenity area may include, without limiting the generality
of the foregoing, a swimming pool, sauna, exercise room, tennis courts,
playground, courtyard, craft and games room, meeting room and similar
recreational/social oriented facilities.
Zoning Amendment Bylaw 1443, 2022
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.9
An outdoor amenity area of not less than 15 square metres (~161 square
feet) and having minimum dimension of not less than 3 metres (~10 feet)
shall be provided for and contiguous to each ground oriented dwelling unit
in a multiple family dwelling.
.10
An amenity area of not less than 5 square metres (~54 square feet) and
minimum dimension of not less than 1.5 metres (~5 feet) shall be provided
for and contiguous to each dwelling unit in an apartment and may include,
without limiting the generality of the foregoing, a patio, sun deck, balcony or
terrace.
.11
All accessory dwelling units shall only be located above the ground floor
and shall have separate entrances leading directly to grade and be divided
from the other uses by walls.
.12
The retail sale of cannabis shall be subject to the Retail Sale of Cannabis
Use Regulations of this Bylaw.
7.
That the SPECIAL REGULATIONS section in all COMMERCIAL ZONES, be
amended as follows:
Licensed liquor establishments and the retail sale of liquor shall be subject to and
comply with the provisions of the Liquor Control and Licensing Act as amended from
time to time.
Read a first time this 28th day of March, 2022.
Read a second time this 28th day of March, 2022.
Advertised in the Hope Standard Newspaper on the 15th day of April, 2022 and the 22nd
day of April, 2022.
Public Hearing held on the 25th day of April, 2022.
Read a third time this 25th day of April, 2022.
Received Ministry of Transportation & Infrastructure approval this 3rd day of May, 2022.
Adopted this 9th day of May, 2022.
Original Signed by Peter Robb
Original Signed by Donna Bellingham
Mayor
Director of Corporate Services