Zoning Bylaw No. 1145 (Consolidated)

Invermere, British Columbia · adopted 2002-11-26

This is the exact embedded text of the captured official document. Snapshot 79812ce47bb2 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Consolidated Summary Changes: Bylaw No. Amend No./Yr. Adopted Short Citing Legal Description Zoning/Civic Address 1473 NPW (Pending) R-3 & P-1 to Res-1 & Res-2 (Statesman) Remainder DL 7882, KD Except parts included in plans 1485, 1052, 1232, 10817, NEP20703, NEP20704 and NEP22314 1471 13-0613 June 25, 2013 Text amendment to M-1 (Lakeland, Quasar) 1460 13-0207 February 12, 2013 Water Zone (Residential) W-1, Water Zone (Group Moorage) W-2, Water Zone (Institutional) W-3, Water Zone (Commercial) W-4 (Lake Surface Zoning) 1458 NPW (Defeated) Res 2 to R-1 (Lakeside Pub) Block C, DL 267, KD Plan 2139 1453 NPW (Pulled) Text amendment to M-1 (Hubman) 1452 NPW (Defeated) R-1 to R-2 (Hamstead) Lot B, DL 375, KD Plan NEP 85083 1446 NPW (Defeated) Neighbourhood Commercial C-5 (Westside Park) Lot 14 Block I Plan NEP1052 DL 1092 KD Except Plan NEP74773 NEP74967 NEP76431 1442 NPW (Pulled) R-1 to M-1A (Stettler) Lot 30, Block 38, DL 216, KD, Plan 1143 1440 11-1106 November 8, 2011 P-1 to R-1 (Canadian Martyrs Church) Lot 57, DL 1008, KD, Plan 9968 except part included in Plan NEP23154 1435 11-0603 June 14, 2011 Text amendment to M-1 (Dalke) 1425 NPW (Pulled) Text amendment to CD-1 Zone (Vista Del Lago) 1410 NPW (Pending) C-1 to P-1 (Lake View Manor) portions of Lot 21, Block R, DL 216, KD Plan 1013 1408 10-0906 September 14, 2010 R-1 & R-1A to R-3 (Keinitz) Lot 1 DL 1092, KD Plan 83835 Except Part In Plan NEP20703 1406 10-0210 February 9, 2010 R-1 to R-1A (Shiahk) Lot F, Block 8, DL 216 KD Plan 4268 1399 09-0805 August 25, 2009 RR-2 to R-1, R-3 & P-2 (CastleRock IV) Lot 3, DL 7158, KD Plan NEP 74923 Except Plans NEP 75975, NEP 80168, NEP 85798 1392 09-0130 January 27, 2009 CD-2 to RR-1 & RR-2 (Cardel - down zoning) Parcel A (See XC1829), Block 1, DL 1092, KD Plan 1052 1376 08/237 September 9, 2008 Low Density Residential (Secondary Suites) Zone; R-2S (Johanson) Lot A, DL 1008, KD Plan NEP85761 1375 08/216 August 12, 2008 P-2 to R-1 (Rocky Mountain Land Co) DL 7882 KD, Except parts included in Plans 1485, 1052, 1232, 10817, NEP20703, NEP20704, NEP22314 and NEP80507 1356 08/131 May 13, 2008 Text amendment to C-3 (Rocky Mountain Land Co) -Lot 2, DL 1092, KD Plan NEP74773 except Plans NEP74967 and NEP76431 -Lot 2, DL 1092, KD Plan NEP74773 except Plans NEP74967 and NEP76431 1343 NPW (Pending) R-1 to R-1A (Gadsby) That portion of Parcel B (see XB19909), Block 8, DL 216, KD Plan 4268 lying from 11 metres north of the south-westernmost corner to 16 metres north of the southern- most corner of the subject property 1328 Housekeeping - no file 1325 07/127 April 24, 2007 Neighbourhood Commercial: C-4 (CastleRock) Lot 59, DL 7158, KD Plan NEP80168 1313 07/239 June 26, 2007 RR-2 to R-1 & P-2 (CastleRock III) Lot 3, DL 7158, KD Plan NEP 74923 Except parts included in Plans 8796 and 9579 1310 NPW (Pulled) R-4 to CT-1 (Cardel) Lot 1, DL 216, KD Plan 12270 and Lot A, Dl 216, KD Plan 15179 1309 07/356 November 27, 2007 Comprehensive Development Zone 2: Cardel CD-2 (Cardel) Parcel A (See XC1829), Block I, DL 1092, KD Plan 1052 1307 08/05 January 8, 2008 RR-1 & RR-2 to R-1 & R-1A (Kienitz) Lot 1, DL 1092, KD Plan 8385, except part included in Plan NEP20703 1304 07/13 January 9, 2007 R-1 to R-1A (Wojnar) Parcel D (see XE5333), Block 8, DL 216, KD Plan 4268 1303 CastleRock - no file 1302 Cardel - no file 1301 06/241 September 26, 2006 R-1 to R-2 (Edgar) Lot 52, DL 1008, KD Plan 9968 1299 07/14 January 9, 2007 Cluster Development (Medium Density) Zone:R-3A (Statesman) DL 7882, KD Except parts included in plans 1485, 1052, 1232, 10817, NEP20703, NEP20704 and NEP22314 1278 06/70 April 25. 2006 R-2 to P-1 (Lake Windermere Alliance Church) Lot B, DL 375, KD Plan 12524 1276 06/67 April 25, 2006 R-2 to R-1A (Bridgewater) The most westerly 11.58 meters of Lot 2, DL 1092, KD Plan NEP19193 1274 06/153 June 13, 2006 Comprehensive Development Zone 1:Waterside CD-1 (Octagen waterside) -Block 1, Plan 2133, DL 216, KD, Except parts included in Plan 4188, 9866, 10795, and 12171 -Lot 2, DL 216, KD Plan 11536 -That Part of DL 216, KD Included in Sketch Plan 3252I -Lot 1, Dl 216, KD Plan 4379 Except Part Included in Plan NEP20624 -Lot A, DL 216, KD Plan NEP 20624 -Lot 22, except plan 8168, Block B, DL 216, KD Plan 1013 -Lot 1, DL 216, KD Plan 17228 -Lot B, DL 216, KD Plan 11813 -Lot A-B-C DL 216, KD Plan 12930 1265 06/07 January 10, 2006 Text amendment to C-1 (Off-street parking fee) 1264 NPW (Pulled) R-3 to C-3 (Rocky Mtn Land) Lot 2, DL 1092, KD Plan NEP 74773 except plans NEP 74967 and NEP 76431 1248 05/389 November 22, 2005 R-1 to R-1A; R-1 to R-2; RR-1 to R-1A; RR-1 to R-1 (respectively) (Quiniscoe) Lot 1, DL 7882, KD Plan 17855; Lot A, DL 7882, KD Plan 9746; East portion of Lot 9, Block E, DL 7882, KD Plan 1052; West portion of Lot 9, Block E, DL 7882, KD Plan 1052 1244 05/200 June 14, 2005 R-2 to RM-2 (Hayward) Lot 1, Block Q, DL 216, KD Plan 1013 1230 05/155 May 10, 2005 R-1 to R-1A (Page) Lot 4, DL 1092 KD Plan NEP 2622 1226 05/91 April 12, 2005 R-2 to RM-2 (Raley) Lot 2, Block Q, DL 216, K.D. Plan 1013 & part of lot 3, Block Q, DL 216 K.D. Plan 1013 lying south of a line parallel to and 72.5 feet distant from the southerly boundary thereof 1218 05/09 January 11, 2005 RR-2 to R-1, R-3, P-2 and C-3 (CastleRock II) Lot 3, DL 7158, Plan NEP 74923 1215 04/308 October 26, 2004 Text amendment to C-1 (Quiniscoe) 1213 04/273 September 14, 2004 Resort Accommodation and Recreation Zone: Res-2A (Mulock Street and 3rd Avenue) Lot 2, DL 267, KD Plan NEP59072, Lot 3, DL 267, KD Plan NEP59072, and Lot 4, DL 267, KD Plan NEP59072 1211 04/218 July 13, 2004 R-1 to C-2 and text amendment to C-2 (Digits) Lot A (SEE T25625), Block 11, DL 267, KD Plan 740 (380 Laurier St) 1190 SP03/25 October 15, 2003 A-1 to P-2 & A-1 to R-1, P-2, R-3 and RR-2 (CastleRock) That portion of DL 4616 lying west of Plan 11130 and except Plan 3019 & DL 7158, KD, Excepting Plans 8796 and 9578 1188 03/316 September 16, 2003 R-1 to C-2 (Silver Cloud Ent) Parcel B (See XC11664) Block 7 DL 267 K.D. Plan 740 1187 03/335 September 30, 2003 Text amendment to R-3 (Westside Park) 1176 03/206 June 10, 2003 Detached Townhouse Zone - RM-2 (Emerald New Homes) Lot 4, Block Q, DL 216, KD, Plan 1013 1164 NPW (Pulled) Independent Senior's (high density) Housing Zone: IH-1 (Pacesetter) Lot 12 & 13, Block A, DL 375, KD, Plan 1052 1156 NPW (Defeated) Text amendments to C-1 (Palmer) Lots 8-9, Block 12, DL 267, KD Plan 740 DISTRICT OF INVERMERE CONSOLIDATED ZONING BYLAW NO. 1145 A bylaw governing the use of land and the shape, dimensions and areas of parcels of land which may be created by subdivision. WHEREAS the Local Government Act authorizes Council to exercise its powers under Divisions (3) to (7) of Part 29 of the said Act by the adoption of a single bylaw; A bylaw to regulate the location and use of buildings and structures and the use of land including the surface of water within the District of Invermere, and for that purpose to divide Invermere into zones pursuant to the provisions of the Local Government Act. WHEREAS in making these regulations, the Council has due regard for the following considerations; (a) the promotion of health, safety, convenience, and welfare of the public; (b) the prevention of the overcrowding of land, and the preservation of the amenities peculiar to any zone; (c) the securing of adequate light, air and access; (d) the value of the land and the nature of its present and prospective use and occupancy; (e) the character of each zone, the character of the building already erected, and the peculiar suitability of the zone for particular uses; (f) the conservation of property values; and (g) the adherence to the Official Community Plan. AND WHEREAS it is recognized that land designated as "Agricultural Land Reserve" pursuant to the Land Commission Act is subject to: (a) that Act and regulations made thereunder; and (b) relevant orders of the Provincial Land Commission. NOW THEREFORE the Council of the District of Invermere, in open meeting assembled, enacts as follows: Section 1: General Administration 1.1 Title 1.1.1 This bylaw shall be referred to as the "District of Invermere Zoning Bylaw No. 1145, 2002". 1.2 Purpose 1.2.1 This Bylaw is to provide regulations within the District of Invermere governing: a) the use of land, buildings and structures; b) the density of the use of land, buildings and structures; c) the siting , size and dimensions of buildings and structures; d) the provision of landscaping, screening and parking; and e) the area, shape and dimensions of all parcels of land that may be created by subdivision. 1.2.2 This bylaw applies to all of the area with the District of Invermere except where otherwise specifically stated. 1.3 Application 1.3.1 This Bylaw shall take effect upon the date of its adoption. District of Invermere Zoning Bylaw No. 1145 November. 2002 2 1.3.2 No land, building, structure or sign within the District of Invermere shall be developed, used, constructed, erected, modifies, converted, enlarged, reconstructed, altered, placed or maintained except in conformity with the provisions of this Bylaw and the District's Official Community Plan. 1.4 Enforcement 1.4.1 The Director of Development Services, the District Building Inspector, the District Bylaw Enforcement Officer, or any other employee appointed by Council is authorized to enter, at reasonable times, upon any property subject to the provisions of this Bylaw to ascertain whether the Bylaw requirements are being met and the Bylaw regulations are being observed. 1.4.2 It shall be unlawful for any person to prevent or obstruct or seek to prevent or obstruct an authorized official from carrying out any official duty under this Bylaw 1.5 Prohibitions and Penalties 1.5.1 Any person who: a) violates Bylaw provisions; b) causes or permits any act in contravention or violation of a Bylaw provision; c) neglects or omits Bylaw requirements; d) carries out, causes or permits to be carried out any subdivision in a manner prohibited by or contrary to Bylaw provisions ; or e) constructs, makes alteration to or alters a building, structure or sign which is not permitted by this Bylaw shall be guilty upon summary conviction of an offence against this Bylaw and shall be liable to a maximum fine of $2,000.00. 1.5.2 Each day that a violation of this Bylaw continues shall constitute a separate offence. 1.5.3 Fines for an offence against this Bylaw may also be set out in the District of Invermere Municipal Ticketing Bylaw. 1.5.4 Uses not listed in respect of a particular zone or not exempted by sub-section 3.3 of this Bylaw are prohibited 1.6 Severability 1.6.1 If one or more provisions of this Bylaw are, for any reason, declared to be invalid by a court of competent jurisdiction, the invalid provision shall be severed and all remaining provisions remain in full force and effect. 1.7 Headings 1.7.1 For the purpose of this Bylaw, all headings and other reference form part of this Bylaw and shall not be construed as being inserted for convenience and reference purposes unless otherwise specified in the Bylaw. District of Invermere Zoning Bylaw No. 1145 November. 2002 3 Section 2: Definitions 2.1 All words, phrases or terms in this Bylaw shall have their normal or common meaning unless specifically defined by the Local Government Act or by the definitions set forth in this sections as follows. A Access Route means those portions of the common property in bare land strata intended to provide vehicular access to the strata lots in the bare land strata plan. Accessory Building means: (a) a detached building the use or intended use of which is accessory to that of the principal building situated on the same parcel; or (b) a building which is accessory to a principal use being made of the parcel upon which such building is (to be) located. Accessory To means customarily incidental and subordinate to the permitted use of land, buildings or structures. Accessory Use means: (a) a use which is accessory to the principal building or to the use of the principal building on the same parcel; or (b) a use which is accessory to the principal use made of the parcel upon which such accessory use is carried on. Aid to navigation means a buoy, beacon, lighthouse, landmark, radio aid to marine navigation or any other structure or device installed, built or maintained in or on water or on land for the purpose of assisting with navigation. Agricultural Land Reserve means a reserve of land established under the Land Commission Act. Agricultural Use means the use of a parcel for the growing, rearing, producing or harvesting of agricultural or food products, including: apiculture, horticulture, silviculture, dairying, rearing of livestock, fowl, and fur-bearing animals, fish farming, intensive agriculture, preliminary grading and processing for shipment of those products which are grown or raised on the parcel or farm and sale of produce grown on the parcel or farm. Agriculture, Intensive means the commercial use of land, buildings and structures for the confinement, feeding and raising of poultry, livestock or fur-bearing animals, including mink, swine, and the growing of mushrooms. Amenity space means an outdoor and/or indoor space situated within the development site that will be used by the building tenants or residents for cultural, social or recreational activities. This does not include private balconies. Amusement Park means a commercial operation including any carnival, circus, water slide, miniature golf course, playground, mechanical amusement device, or other similar amusement enterprises which are open to the public for admission to which a fee is charged but shall not include movie theatres, zoos or theatres for the performing arts. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 4 Animal Unit means any of the following groups: 1 beef or dairy cow plus calf or one bull 1 horse (stallion, gelding, or mare and foal) donkey, mule, or hinny 4 sheep plus lambs 4 goats plus kids 40 rabbits 125 chickens, turkeys, geese or ducks 1 swine plus progeny to weaning Apartment means a type of multiple family building containing five or more dwelling units which have shared exit facilities above the first or main storey and shall not mean or include dwelling units over commercial premises. Assembly Use means a use providing for the assembly of persons for religious, charitable, philanthropic, cultural, recreational or educational purposes and includes churches, auditoriums, youth centres, social halls, community halls, and conference and convention facilities. Assisted Living Facility means residences for the elderly or disabled that provide sleeping units, meals, and varying degrees of personal care and services. Personal care and services may include provision of transportation, organized social and recreational activities and the use of support and professional nursing staff depending on the level(s) of service being provided. This level of service may include: medication monitoring consisting of staff stores, dispensing, documenting and ordering medicine for residents; extended assisted living services consisting of staff providing services related to personal hygiene, dressing, housekeeping, laundry and escorting of residents to meetings and meals; or assisted living services plus consisting of staff providing evening and night monitoring and assistance. The residential sleeping units shall be in the building form of apartment units, but with communal dining facilities rather than individual kitchens. Awning means a roof like covering of canvas or similar fabric material, which may or may not be retractable, projecting from and being entirely supported from the exterior wall of a building. B Balcony means an outdoor seating platform, projecting from the face of a wall, cantilevered or supported by columns or brackets and usually surrounded by a railing. Basement means a storey or storeys of a building located below the first storey. District of Invermere Zoning Bylaw No. 1145 November. 2002 5 Bed and Breakfast means a home based business carried on in a single family dwelling or an accessory building which provides not more than four rooms for the accommodation for sleeping purposes only of transient paying guests. Billboard means an exterior structure displaying material of a general advertising nature, pasted or otherwise affixed flat to the face of such structure which exceeds 8.9 m2 (96 ft2). Boathouse means a single storey accessory building or structure, which is used, for storage of boats, tools, and equipment accessory to the residential or commercial use located on the same parcel of land. A boathouse does not contain cooking or sleeping facilities. Boat lift means an uncovered structure which facilitates the removal of a boat from the water and which can allow for a boat to be stored above the surface of the water. Buffer Strip means a landscaped area intended to visibly separate and screen one use from another or to maintain and enhance the natural drainage and wildlife movements. Building means an exterior structure used or intended for supporting or sheltering any use or occupancy. Bylaw Enforcement Officer means the Bylaw Enforcement Officer of the District of Invermere. C Campground means an area of land designated and intended for the temporary placement of recreational vehicles and tents to accommodate the travelling public. A campground does not include cottages. Campground Space means an area in a campground used or intended to be used leased or rented for occupancy by transient occupants of the campground. Canopy means a permanent roof-like structure that extends outwards from a wall or building. Care and Assistance means necessary health care and assistance required by a relative as certified in writing by a physician. Child Care Facility, Minor means a facility for the care of children that is licensed under the Community Care Facility Act, and is limited to the care of 8 or fewer children at any one time. Child Care Facility, Major means a facility for the care of children that is licensed under the Community Care Facility Act, and provides care for more that 8 children. Club or Lodge means a building or establishment used by a fraternal or service organisation for meetings or social or recreational purposes, including incidental catering to the general public. Cluster Residential Development means a residential complex of three or more detached buildings consisting of single family dwellings, two family dwellings, townhouses, row houses or a combination of them, grouped on a lot on a planned basis with common open spaces not less than 10 per cent of the total lot area Commercial School means a school conducted for the purpose of gain and profit providing training, instruction or certification in a specific trade or skill. Common Wall means a vertical or horizontal structure separating two dwelling units, and is common to and forms part of the structure of dwelling units. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 6 D Density means the numerical value calculated by dividing the total number of dwellings constructed or to be constructed on a parcel. Dock means a platform, either floating or fixed, below the natural boundary of the water body, which is designed to accommodate non-commercial parking and temporary water storage of watercraft and pedestrian access to and from boats or personal watercraft. Dwelling means a building designed or used as dwelling unit or units for one or more families. Dwelling, Multiple Family means a dwelling containing three (3) or more dwelling units. Dwelling, Single Family means a dwelling containing one (1) dwelling unit. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 7 Dwelling, Two Family means one building containing two (2) dwelling units that: (a) share a common roof and foundation; (b) that are separated by a common wall; and (c) where no horizontal dimension of either dwelling unit, excluding a common wall or an addition, is less than 5.5 m (18 ft). Dwelling Unit means a building or portion thereof containing one or more habitable rooms used or intended to be used for living and sleeping purposes and containing sleeping, sanitary facilities and not more than one (1) set of cooking facilities. E Eating and Drinking Establishment means a facility where food and/or beverages are offered to the public for consumption within the premises or off site. Equestrian Center means a facility or group of facilities intended for the accommodation, showing and competitive use of horses and may include a stable, gymkhana course, race track, and other related facilities. F Family means an individual, or two or more persons related by blood, marriage, adoption, foster parenthood or other, or no more than five (5) unrelated persons sharing one dwelling unit. Farm Animals, Keeping of means the keeping or rearing of poultry and livestock, other than swine or mink, including the regular sheltering or feeding or both of the animals. The number of animal units of livestock shall not exceed one (1) animal unit per hectare in total and the number of animal units of poultry shall not exceed one-half (1/2) the animal unit per hectare in total. In all cases, the total number of livestock or poultry permitted shall be rounded down to the nearest whole number. Farm Animals, Keeping of Small means the keeping or rearing of small farm animals excluding geese and turkeys, including the regular sheltering or feeding or both of the animals. The number of rabbits shall not exceed one (1) animal unit and the cumulative number of chickens, ducks and similar fowl exclusive of geese and turkeys shall not exceed fifteen (15) animals. Farm Animals, Small means bees, rabbits, ducks and similar fowl, exclusive of geese and turkeys. District of Invermere Zoning Bylaw No. 1145 November. 2002 8 Fence means a man-made structure intended to prevent intrusion onto a parcel or to separate a parcel from adjacent parcels or part of a parcel from an adjacent part of a parcel and includes a wall or trellis. Finished Grade means the finished ground level at the perimeter of the building or structure. First Storey means the uppermost storey having its floor level no more than 2.0 m (6.6 ft) above natural grades. Floor Area, Gross means the sum of the total horizontal area of all floors of a building, excluding basement floor areas used exclusively for storage, heating or laundry facilities, any portion used for parking, swimming pools, open sundecks, balconies and any portion of a penthouse containing elevators or ventilating equipment. Floor Area, Net means the total rentable floor area of all floors of a building measured from the glassline or the interior wall dimensions, excluding stairways, elevators, mechanical rooms or floors, vertical service shafts, malls and nonrentable common corridors, lobbies, washrooms, internal garbage storage, and internal vehicular areas. Floor Area Ratio means the figure obtained when the gross floor area of all buildings on a parcel is divided by the area of the parcel. Frontage means that portion of the boundary of a parcel, which is in common with the boundary of a highway other than a lane or a walkway. G Garden Apartments means a single or two storey residential building consisting of five or more attached dwelling units which have individual entrances to each dwelling unit. Gross Density means the number of dwelling units per hectare of land, including roads, parking, services, parks, recreation facilities, school sites, and local commercial uses. Gross Hectare means a hectare of land including areas given over to development of private streets, lanes and open spaces. Group Day Care means a facility for the temporary care of children licensed as a group day care under the Community Care Facility Act, and may include a child care facility, nursery school or kindergarten. Group Home means a dwelling for the accommodation of three (3) to ten (10) persons, exclusive of staff, who by reason of their emotional, mental, social or physical condition or legal status require a group living arrangement for their well-being, and: (a) such facility is supervised and the members of the group are referred by a hospital or government agency; and (b) such facility is licensed or approved under Provincial statute and does not include any use otherwise classified or defined in this Bylaw. District of Invermere Zoning Bylaw No. 1145 November. 2002 9 Group moorage facility means one or more docks providing communal moorage and/or day use docking facilities operated by a community association, strata council or shared interest development. Groyne means a protective structure that is used to stop sediment from shifting along the shoreline. Groynes are generally constructed perpendicular to the shoreline. H Habitable Room means a room designed for living or sleeping, but does not include a bathroom, kitchen, storage room, laundry room, utility room or closet. Height means the vertical distance from the finished grade of the building or structure to the mid- point between the roof eaves and the ridge of the primary roof structure. Height is shown on the diagram below. Heritage Site means land of historic, archaeological, or architectural significance to the Province or local community. Highway includes a street, road, lane, bridge, viaduct and any other way open to public use but does not include a private right-of-way on private property, walkways, or common parcel accesses as defined by the Condominium Act. Home Based Business means an occupation, service, profession or craft which is clearly incidental to the use of a dwelling unit for residential purposes or to the residential use of a parcel occupied by a dwelling, and may include bed and breakfast use and a child care facility. Horticulture means the growing of flowers, fruits, vegetables and, for the purpose of this Bylaw, forages and grains nurseries and greenhouses but does not include commercial mushroom growing. Hostel means a facility with sleeping accommodations for tourists and visitors and which may contain communal cooking facilities available for use by the patrons. All sleeping accommodations for tourists and visitors must be contained within a structure. Hotel means a building or part wherein accommodation is provided for transient lodgers. Entrance and exit ways are shared and the building may include public areas such as a lobby, restaurant, meeting, entertainment and recreation facilities. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 10 K Kennel means any building, structure, compound, group of pens or cages or property where four or more dogs or cats are or are intended to be trained, cared for, bred, boarded, or kept for any purpose. A dog or cat means a member of the canine or feline species, which are two or more months in age. L Land includes the surface of water. Landscaping means the planting of lawns, shrubs, and trees, and the addition of fencing, walks, drives, or other structures or materials as used in landscaping architecture; Lane means a highway not less than 3.0 m (9.8 ft) nor more than 10.0 m (32.8 ft) in width, which provides secondary access to any abutting parcel. Launch ramp means an inclined, hardened surface designed and constructed for launching and retrieving of trailered boats other watercraft to and from a water body. Lock-off Unit means a sleeping unit in a multiple family dwelling with a common access and a shared foyer. Lock-off units may include a separate entrance from the main hallway and may include cooking facilities. Lodge see "Club". Lot see "Parcel". M Marina means the buildings, structures, and one or more docks used for the moorage of boats or watercraft and may include launch ramps, water sport instructional services, rental of boats and accessories, storage of boats, sales of marine petroleum products, and accessory retail sales. Mobile Home means any structure, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another by being towed or carried on its own chassis, and which contains a dwelling unit. Mobile Home Area means that part of a mobile home park used primarily for installed mobile homes, including permissible additions and which is not used for buffer area, roadways, owner's residential plot, the procuring and treatment of water, collective sewage treatment, effluent disposal from a collective sewage treatment plant, garbage disposal, or accessory buildings or structures. Mobile Home Park means land used or occupied by any person for the purpose of providing space for the accommodation of two (2) or more mobile homes and for imposing a charge or rental for the use of such spaces, except where two (2) or more mobile homes are permitted on a parcel in a zone other than a zone which permits mobile home parks. Mobile Home Space means an area of land for the installation of one mobile home with permissible additions and situated within a mobile home area. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 11 Moorage means the tying, fastening or securing of a boat or watercraft to a buoy or dock. Mooring buoy means a private buoy under the Private Buoy Regulation of the Canada Shipping Act that is used to secure watercraft in a fixed location. Motel means a building or group of buildings divided into six or more self contained sleeping units or cabins or combination of units for the use of transient paying guests. Each unit must have its own toilet, wash basin and bath or shower. N Natural boundary means the visible high water mark where the presence and action of water are so common and usual and continued in all ordinary years as to mark upon the soil of the bed of a lake, river or 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. O Off-Street Loading Space means an area of land other than a highway used to provide access to a loading door, platform or bay for the purpose of loading and unloading of vehicles. Off-Street Parking Space means an area of land other than a highway used for the temporary storage of vehicles. Outdoor Storage means an area outside an enclosed building where material and equipment used by or associated with the principal use of the same or an adjoining parcel are kept. Overnight moorage means the tying, fastening or securing of watercraft to a mooring buoy or dock during the dark period between one hour after sunset to one hour before sunrise. P Panhandle Parcel means any parcel, the building area of which is serviced and gains frontage through the use of a strip of land not less than 6.0 metres (19.8 ft.) in width, which is part of the parcel and is referred to as an access strip. Parcel means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway. Amending Bylaw No. 1460, 2012 February 12 th, 2013 Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 12 Parcel Coverage means the total horizontal area within the outermost walls of buildings and structures on a parcel including all attached porches, carports, decks or verandas but excluding open and enclosed terraces at grade, swimming pools, steps, cornices, eaves and similar projections, expressed as a percentage of parcel area. Parcel Line means a legal boundary of a parcel as shown or described on the records of the Land Title Office. Parcel Line, Front means the parcel line common to a parcel and an abutting highway or access route other than a lane. Where there is more than one such line the shortest such line shall be considered the front parcel line, or where the front and rear parcel lines both adjoin a highway or access route, the front parcel line shall be that to which the majority of adjacent buildings face. The front parcel line of a panhandle parcel shall be the parcel line closest to the highway or access route from which access is obtained, but excludes the access strip. Parcel Line, Rear means the parcel line or parcel lines opposite to and most distant from the front parcel line; or where the rear portion of the parcel is bounded by intersecting side parcel lines, it shall be the point of such intersection. Parcel Line, Exterior Side means the parcel line or parcel lines other than the front or rear parcel line common to a highway. Parcel Line, Interior Side means the parcel line or parcel lines other than the front or rear parcel line common to another parcel or parcels. Parcel Line, Side means the parcel line or parcel lines other than the front or rear parcel line common to another parcel or parcels or to a highway. Park means open space set aside for recreational purposes or maintained for the use and enjoyment of the public and includes Federal, Provincial, Regional and local parks ecological, archaeological and historic sites. A park may include land owned or leased by a club, society, or organised group for recreational use by its members, but does not include a commercial amusement park. A park may also include privately owned land for use of which no charge is made. Person means any individual, association, partnership, corporation, agent or trustee and their heirs, executors or other legal representatives. Personal Service means a business catering to the needs of the general public including but not limited to barber shop and beauty salons, dry cleaning, minor electrical appliance repair, financial institution, photography studio, shoe repair, ticket and travel agency, insurance agency, pet shop, and pet grooming. Pension means a building used for the temporary lodging by paying guests that includes guest rooms, common areas including a dining room intended for the use of such paying guests and an accessory dwelling unit. The use of an accessory dwelling unit as a home based business shall not include a bed and breakfast. Principal Building means an existing or proposed building in which or in relation to which the permitted principal uses are concentrated. Principal Use means the main purpose for which land, buildings or structures are ordinarily used. Public access means the privilege or bare licence to use the foreshore and other aquatic land held by the Crown, and includes the right to land boats and to disembark. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 13 Public Buildings means any building owned by the Government of Canada, the Provincial Government, or the District of Invermere used in the service of the public and includes a fire hall and police station. Public School means a place of instruction maintained at public expense pursuant to the School Act. Public Utility Use means a use, including buildings and structures, providing water supply, sewage collection and disposal, solid waste facility, electricity, natural gas, telephone, radio and television, transmitting and receiving and similar services where such use is established by a local government or a company regulated by government utility or communications legislation. R Recreational buoy means a private buoy under the Private Buoy Regulation of the Canada Shipping Act that is utilized for recreation purposes, such as denoting a water skiing course or a designated swimming area. Recreational water activity means activities that are conducted on the surface of a water body and includes, but is not limited to, activities such as boating, swimming, fishing and wind surfing. Recreational water activity does not include associated facilities or structures. Recycling Depot means an establishment involved in the recycling of post consumer refuse such as glass, paper, cardboard and containers, with most activities carried out in a building but also including outdoor processing and storage. A salvage yard is not a recycling depot. Refuelling Facility means equipment and structures for the dispensing of gasoline, propane and diesel fuel. Relative Requiring Care means a father, mother, father-in-law, mother-in-law, son, daughter, sister, brother, grandchild, grandparent and great-grandparent requiring care and assistance. Resort Accommodation means a building or group of buildings with sleeping accommodations for temporary occupancy by guests and provided accessory to the recreation facility or group of recreational facilities. Rest Home means a building or buildings where care or assistance is provided for three or more persons who, on account of age, infirmity, or mental or physical disability require personal care or assistance; this includes nursing homes, convalescent homes and senior citizen homes. Row Houses means a residential building consisting of three or more attached dwelling units, which have individual entrances to each dwelling unit. S Salvage Yard means an open area where waste or scrap material, primarily metals, are stored, processed, exchanged or sold. Screening means a fence or an evergreen hedge or combination thereof that obstructs certain views of the property, which it encloses and is broken only by access drives, lanes and walkways. This term excludes open mesh or chain link style fences and vegetation used as a windbreak. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 14 Seasonal Produce Stand means a vehicle or structure with a gross floor area not exceeding 30.0 m2 (323 ft2) which is used part of the year for the sale of horticultural and apicultural products to the public. Secondary Suite means an additional dwelling unit having a total floor area of not more than 90 m2 in area and which is less than 40% of the habitable floor space of the building and is located in a single-family dwelling that is not a manufactured home. A secondary suite is comprised of one or more habitable rooms and contains or provides for only one cooking facility. Senior's Congregate Housing means a residential facility which provides shelter for 3 or more persons aged 55 or over in sleeping units with or without kitchenettes and may include meals, housekeeping, personal care, transportation, pharmaceutical and recreation services. Such facilities may also contain shared kitchen and dining areas, restaurant, personal service and convenience store uses. Sleeping Unit means one or more habitable rooms used for sleeping and living purposes but in which there is no kitchen or cooking facilities. Storey means that portion of a building which is between the top of any floor and the top of the floor next above it, or if there is no floor above it, that portion between the top of such floor and the ceiling above it. Structure means any construction which is fixed to, supported by or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete. Swimming platform means a floating platform, which is anchored to the bed of the water body. T Tent means a portable shelter of canvas or other materials supported by one or more poles which may be extended by ropes fastened to pegs in the ground. Town Houses means a residential building consisting of three or more attached dwelling units which may or may not share a common entrance. U Usable Site Area means a contiguous area of land with an average slope not exceeding 20%, no portion of which is subject to land slip, avalanche, rock fall, flooding or high water table hazard. V Vehicle means a mechanical device which is designed to transport people or things across the surface of land or upon a highway, but excludes a device designed to be moved by human power or used exclusively on stationary rails or tracks. Vehicle, Derelict means any vehicle pursuant to the Motor Vehicle Act and amendments thereto which is not licensed for the current year but does not include vehicles stored in buildings or farm vehicles or vehicles used for industrial purposes on land zoned for industrial use in this Bylaw. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 15 Vehicle, Recreational means a vehicle which is, or was originally designed to travel or to be transported on a highway and constructed or equipped to be used as temporary living or sleeping quarter by travellers, or a vehicle which is designed as a recreation conveyance on or off the highway and, without limiting the generality of the foregoing, includes a trailer, travel trailer, tent trailer, coach, camper, motor home but not a mobile home. Vehicle Park, Recreational means an area designated exclusively for temporary transient occupancy of designated spaces by recreational vehicles or tents used as temporary living or sleeping quarter by travellers, but does not include a mobile home park. Vehicle Space, Recreational means an area in a recreational vehicle park allotted for the parking of recreational vehicles or for the placement of tents. Veterinary Clinic means a facility offering and designed for the care and treatment of animals under the supervision of a Doctor of Veterinary Medicine. W Watercourse means any natural or man made depression with well defined banks and a bed 0.6 m (2.0 ft) or more below the surrounding land, serving to give direction to a current of water at least six months of the year, or having a drainage area of 2 km2 (494.2 acres) or more, or as designated by the Minister responsible for Environment, or his designated official. Wrecking and Repair of Vehicles means the disassembly of vehicles, derelict or otherwise, into component parts and the construction, care and maintenance of ordinary or special status vehicles, other than in an enclosed building. This definition does not include the repair and maintenance of vehicles regularly used by the family residing on the parcel, nor does it include a commercial activity which is in compliance with the definition of and general regulations for a home based business. Y Yard means the outdoor area of a parcel adjacent to a building or structure extending from an exterior wall of the building or structure to a parcel line. Yard, Front means a yard extending across the full width of the parcel from the front parcel line to the nearest projection of a building or structure, measured at right angles to the front parcel line. Yard, Rear means a yard extending across the full width of the parcel from the rear parcel line to the nearest projection of a building or structure, measured at right angles to the rear parcel line. District of Invermere Zoning Bylaw No. 1145 November. 2002 16 Yard, Exterior Side means a yard immediately adjoining a highway, but excluding a lane 9as shown on the diagram below. Yard, Interior Side means a side yard other than an exterior side yard (as shown on the diagram below). Yard, Side means a yard extending from the front yard to the rear yard and lying between the side parcel line and the nearest projection of a building or structure measured at right angles to the side parcel line. District of Invermere Zoning Bylaw No. 1145 November. 2002 17 SECTION 3 GENERAL REGULATIONS Conformity of Uses, Buildings and Structures 3.1 Within the area to which this Bylaw applies, no person shall permit any building, structure or land to be used or occupied or any building or structure or part thereof to be erected, moved, altered or enlarged unless in conformity with this Bylaw or provisions of the Local Government Act. Use of Existing Parcels 3.2 (1) Parcels existing at the time of the effective date of this Bylaw which do not conform with the parcel area requirements of this Bylaw may be used for any of the uses permitted in the zone in which they are located unless otherwise provided for in Section 5, provided all other regulations of this Bylaw are complied with. Permitted Uses in All Zones 3.3 The following uses are allowed in all zones: (a) the use of a building or part thereof as a polling station for a government election, referendum or census; (b) the use of a building or part thereof as campaign headquarters for a political candidate; (c) telephone booth; (d) highway lighting fixture; (e) highway and railroad; (f) mailbox; (g) public utility use; (h) park; (i) historical and archaeological display site; (j) conservation area, recreation reserve, ecological reserve and wildlife sanctuary; (k) aid to navigation; (l) recreational water activity; (m) recreational buoy; (n) public access. Prohibited Uses in All Zones 3.4 Subject to Section 3.2, intensive agriculture use is prohibited in all zones other than those which contain land that is within the Agricultural Land Reserve, and subject to regulations of the Agricultural Land Commission Act, the Local Government Act, and regulations under those Acts. Occupancy During Construction 3.5 (1) Notwithstanding the requirements of Section 5 of this Bylaw concerning the number of dwelling units permitted on a parcel, during construction of a new dwelling unit or reconstruction of an existing dwelling unit on a parcel in the R-1, R-1(A), R-1(MH), R-2, R- 2(A), RR-1, RR2, zone, one additional dwelling unit or one recreational vehicle may be located on the parcel and occupied for a period not exceeding six (6) months, provided: (a) the owner holds a building permit for construction of a new dwelling unit or reconstruction of the existing dwelling unit; (b) the additional dwelling unit conforms with all the requirements of the zone in which it is situated, other than requirements concerning the number of dwelling units permitted on a parcel; (c) the recreational vehicle is sited in conformity with the regulations of the zone in which it is located; Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 18 (d) the additional dwelling unit or recreational vehicle is connected to a sewage disposal system that has been approved by the District of Invermere or the Ministry of Health. (2) Upon occupancy of the new dwelling unit or reconstructed dwelling unit, the additional dwelling unit shall be removed and the site thereof restored as nearly as possible to its condition prior to the construction or placement of the dwelling unit, or shall be converted to an accessory building or structure subject to compliance with the applicable regulations of this Bylaw and disconnected from water and sewer systems; (3) A recreational vehicle permitted under Subsection (1) shall be disconnected from water and sewer systems and no longer occupied: (a) upon occupancy of a new or reconstructed dwelling unit; or (b) on expiry of the original building permit for the new dwelling unit, whichever occurs first. (4) Application for required permits shall be made in accordance with Bylaw No. 216, 1974 cited as "Invermere Building Bylaw, 216, 1974". Development Crossing Parcel Lines 3.6 Where a person proposes to site a building or structure, and where more than one parcel of land is required to accommodate the building or structure or the services for that building or structure, a building permit for the building or structure shall not be issued until: (1) the parcels are consolidated by plan of subdivision or by cancellation of interior parcel lines; or (2) a covenant under Section 219 of the Land Title Act between the District of Invermere and the owner is registered in the Land Title Office against the titles of the parcels required for development, which would prevent the parcels from being sold or transferred separately. Home Based Business 3.7 A home based business, where permitted by this Bylaw, shall be in compliance with the following: (1) It shall be carried on by members of the family residing in a dwelling unit on the same parcel or with the assistance of not more than one person who does not reside in a dwelling unit on the same parcel. (2) Except as permitted in clause (3), the home based business shall be carried on wholly within a dwelling or accessory building, with no external storage of materials, containers or finished product and no exterior evidence of the home based business, except for a vehicle or vehicles necessary for conducting the home based business. (3) The provisions of Subsection (2) do not apply provided: (a) the parcel on which the home based business is carried out is 2.0 ha (4.9 acres) or greater in area; (b) the home based business is carried out in other than the front yard; (c) all of the home based business carried on outside a building or structure is located on a contiguous section of the parcel not to exceed 185 m2 (1991 ft2) in area. District of Invermere Zoning Bylaw No. 1145 November. 2002 19 (4) Erection of signs shall comply with regulations of the Sign Bylaw. (5) Section 4 of this Bylaw in respect of off-street parking requirements applies to every parcel used for a home based business. (6) Buildings and structures for a home based business shall not exceed 185 m2 (1991 ft2) for parcels within the Agricultural Land Reserve. Accessory Buildings and Structures 3.8 (1) No person shall erect an accessory building or structure on any parcel unless the principal building to which the accessory building is an incidental use has been erected or will be erected simultaneously with the accessory building. (2) Subsection (1) shall not apply to animal shelters or other buildings or structures accessory to an agricultural use. (3) Where an accessory building or structure is attached to the principal building, it shall be considered part of the principal building. Siting of Buildings and Structures 3.9 (1) The construction, reconstruction, alteration, moving or extension of buildings and structures shall be in conformity with the regulations for siting of buildings and structures specified in this Bylaw. (2) Where the British Columbia Building Code requires greater setbacks than required in this Bylaw, the requirements of the British Columbia Building Code shall apply. (3) Accessory buildings or structures that are used for animal shelters shall be sited in accordance with the following: (a) Buildings or structures used to shelter or for the storage and handling of manure of swine, furbearing animals, or for beef feedlot operations shall be sited no closer than: (i) 60 m (196.9 ft) from a parcel line; (ii) 30 m (98.4 ft) from a domestic well, spring, or natural boundary of a lake or watercourse. (b) Buildings or structures used to shelter or for the storage and handling of manure or compost of poultry, dairy cattle, or for mushroom farming shall be sited no closer than: (i) 30 m (98.4 ft) from a parcel line; (ii) 30 m (98.4 ft) from a domestic well, spring, or natural boundary of a lake or watercourse. (c) All other animal shelters or buildings or structures used for the storage and handling of manure of animals not enumerated in clauses (a) or (b), shall be sited no closer than: (i) 7.5 m (24.6 ft) from a parcel line; (ii) 30 m (98.4 ft) from a domestic well, spring, or natural boundary of a lake or watercourse. (4) Subject to such building regulations as may be applicable, the following features may project into yard requirements as specified in the regulations of Section 5 of this Bylaw: District of Invermere Zoning Bylaw No. 1145 November. 2002 20 (a) FEATURE ALLOWABLE PROJECTION Steps 1.2 m (3.9 ft) in cases other than fireproof escapes Eaves, Gutters, Cornices, Sills, Bay Windows, Chimneys, Interior stairwells Front Yard 1.0 m (3.3 ft) Rear Yard 1.0 m (3.3 ft) Side Yard 0.6 m (2.0 ft) Where the yard requirement is less than 1.5 m (4.9 ft), a feature may project a maximum of 0.6 m (2.0 ft) into the yard requirement. Balconies, Sundecks, Marquees and Canopies Front Yard 1.8 m (5.9 ft) Rear Yard 1.8 m (5.9 ft) Side Yard 1.5 m (4.9 ft) Where the yard requirement is less than 1.5 m (4.9 ft) a feature may project up to 50% of the yard requirement. (b) A patio or terrace, which may be open or fenced, and which is covered only by a temporary covering such as an awning. (c) Arbors, trellises, fish ponds, ornaments, vegetation and similar landscape features. (d) Mobile home hitches. (e) Free standing light poles, warning devices, antennae, satellite dishes, masts, utility poles, wires, public utilities, flag poles, signs and sign structures proved that the location and design thereof is not prohibited under any bylaw or regulation of the District of Invermere. (f) A roofed or covered swimming pool not exceeding 3.5 m (11.5 ft) in height, or uncovered swimming pool located in a side or rear yard within a separate fenced enclosure fitted with a safety gate, not less than 3.0 m (9.8 ft) from a rear or side parcel line. (g) Underground structures provided that the top surface of such structure shall at no point extend above the average finished ground elevation except for vent and fill pipes for underground storage tanks. (h) Apparatus needed for the operation of active and passive solar energy systems including but not limited to overhangs, movable insulating walls, shutters and roof, detached solar energy collectors, reflectors, and piping. (i) Canopies erected above gasoline service pumps or pump islands may project into a front or side yard provided that such canopy is located not closer than 4.5 m (14.8 ft) to a parcel line. (j) Boathouses may project into the required rear yard. (5) Regulations in Section 5 of this bylaw concerning siting of buildings and structures on parcels abutting controlled access highways shall not apply where a frontage road serves the parcel. (6) Regulations concerning siting of buildings or structures in Section 5 of this Bylaw shall not apply to fences. District of Invermere Zoning Bylaw No. 1145 November. 2002 21 3.10 (1) The siting provisions of this bylaw do not apply to fences and screening, except that the provisions of section 3.12 apply. (2) The use of barbed wire is prohibited within the R-1, R-1(A), R-1(MH), R-2, R- 2(A), RM-1, R-3, R-4, R-5 and R-MP zones. (3) Height requirements for fences and screening are in accordance with the following: ZONE HEIGHT REGULATIONS Maximum Height R-1, R-1(A), R-1(MH), R-2, RM-1 R-2(A), R-3, R-4, R-5 1.0 m in required front yard 2.0 m in all other yards R-MP 2.0 m RR-1 2.0 m RR-2 2.0 m Minimum Height C-1, C-2, C-3 2.0 m where parcel line abuts a residential or CT-1, RES-1, institutional zone or a parcel on which a RES-2, RES-3 residential use is located M-1 2.0 m where parcel line abuts a residential or M-2 industrial zone or a parcel on which a residential use is located Maximum Height P-1 2.0 m P-2 2.0 m (4) Maximum heights do not apply to fencing in the Rural Residential and Rural Resource zones where fences are erected to control livestock and wildlife capable of jumping over a fence 2.0 m in height. (5) All outdoor storage in Commercial and Industrial zones must be screened by a tight board fence or compact evergreen hedge or a combination thereof of a uniform height not less than 2.0 m in height on any side not facing directly onto buildings on the parcel. (6) Where a rear parcel line of a parcel abuts the side parcel line of an adjoining parcel, screening along the rear parcel line must be no higher than that permitted on the side parcel line. District of Invermere Zoning Bylaw No. 1145 November. 2002 22 Visibility at Intersections 3.11 No person shall obstruct vision at an intersection on corner parcels by any means within a triangular area bounded by the two parcel lines adjacent to the highway right-of-way and a straight line joining each parcel line at a distance of 6.0 m (19.7 ft) from their point of intersection, as shown by the following diagrams: Heights of Buildings and Structures 3.12 (1) The construction, reconstruction, alteration, moving or extension of buildings and structures shall be in conformity with the regulations for size and dimensions of buildings and structures specified in this Bylaw. (2) The height regulations of this Bylaw do not apply to church spires, belfries, domes, monuments, fire and hose towers, clock towers, transmission towers, water tanks, broadcasting and receiving antennae, chimneys, smoke stacks, ventilators, flag poles, drive-in theatre screens, stadium bleachers, lighting poles, silos, apartment elevator shafts, industrial cranes, observation towers, solar energy collectors, and windmills (in rural zones only). (3) Notwithstanding height regulations of Section 5 of this Bylaw, no person shall construct a fence higher than 2.0 m (6.6 ft) from ground level except for open mesh or chain link type fences, subject to Section 3.10. (4) In zones where agriculture is permitted the maximum height for agricultural buildings and structures is exempt from the height regulations. Dwelling for Relative Requiring Care 3.13 (1) A dwelling for a relative requiring care shall be permitted: (a) in the RR-1 and RR-2 zones; (b) where the present number of dwellings on the parcel is not greater than the maximum permitted in the bylaw; (c) where the owner of the parcel enters into a housing agreement with the District under Section 905 of the Local Government Act agreeing to remove the mobile home approved under this section once it is no longer required by the approved occupant, such agreement to be entered into prior to placement of the dwelling for a relative requiring care; District of Invermere Zoning Bylaw No. 1145 November. 2002 23 (d) where a letter from the family physician stating that the relative requires care is deposited annually with the District prior to the anniversary date of the approval of such use; (e) where a statutory declaration attesting to the conditions of consent is deposited with the District, subject to renewal upon request by the District; (f) where an irrevocable letter of credit in the amount of $3,000 is deposited with the District, subject to annual renewal prior to the anniversary date of the approval of such use. (2) A dwelling for a relative requiring care shall be limited to: (a) one per parcel; (b) a single wide mobile home placed on a non-permanent foundation, with additions limited to a maximum of 24 m2 (including porches). (3) Where a dwelling for a relative requiring care is permitted, it may be occupied by either the person(s) requiring care or the owner(s) of the parcel on which the dwelling for a relative requiring care is to be located. Secondary Suites 3.14 Secondary Suites are subject to the following regulations: (a) secondary suites are permitted in all single family dwellings; (b) secondary suites may be permitted in an accessory building provided: (i) the parcel contains a single family dwelling; (ii) the parcel does not contain a bed and breakfast; (iii) the parcel does not contain an existing secondary suite; (iv) that all other provisions of Section 3.14 are complied with. (c) only one secondary suite per parcel is permitted; (d) a secondary suite shall not exceed 90 m2 or 40% of the residential floor space in the single-family residential building; (e) no secondary suite can be less than 32 m2 in size; (f) the owner of a single-family building that contains a secondary suite shall be a resident of either the secondary suite or the principal residential dwelling unit; (g) a single-family residential building containing one or more boarders or lodgers or in which there is being operated as a bed and breakfast, may not have a secondary suite; (h) no single-family residential building containing a secondary suite may be subdivided, stratified or otherwise legally separated from the single-family residential building wherein contained; (i) the registered owner of a single-family residential building containing a secondary suite shall grant the District of Invermere a Section 219 Land Title Covenant in a form acceptable to the District. The Covenant shall incorporate each of the above requirements and an indemnification against liability in favour of the District. District of Invermere Zoning Bylaw No. 1145 November. 2002 24 Reduction of Parcel Area Requirements 3.15 (1) The parcel area required in Section 5 of this Bylaw may be reduced where the proposed subdivision: (a) consolidates two or more parcels into a single parcel, provided: (i) it is impossible to meet the parcel area requirements; (ii) all parts of all new parcels are contiguous; (b) involves parcel line adjustments provided: (i) it is impossible to meet the parcel area requirements; (ii) the proposed subdivision creates no more parcels for the land being subdivided than exist at the time of application; (iii) the smallest parcel, where it contains an existing dwelling unit may be no more than 15% smaller than the minimum parcel size. (c) involves a parcel of land that is divided by an existing parcel or an existing constructed and registered highway or railway right-of-way, where the boundaries of that parcel or right-of-way will be boundaries of the proposed parcel provided it is impossible to create a parcel on each side of the existing parcel or right-of-way that meets the parcel area requirements; (d) involves a parcel of land that is not large enough to accommodate the proposed parcels and highway right-of-way provided: (i) it is impossible to meet the parcel area requirements; (ii) only one of the proposed parcels is smaller than the parcel area requirement; (iii) the proposed smaller parcel is no more than 10% smaller than the parcel area requirement; (e) divides a parcel along a boundary line of a zone. (f) divides a parcel along a boundary line of the Agricultural Land Reserve provided the Provincial Agricultural Land Commission has allowed an application to subdivide the parcel; g) involves a parcel which is divided by a topographic feature so severe that the divided portions of the parcel are not contiguous, provided it is impossible to create a parcel on each side of the topographic feature that meets the parcel area requirements; Panhandle Parcels 3.16 If a parcel created at subdivision is provided with access from a highway by means of a panhandle access strip; (a) the area of the panhandle access strip shall not be included in the required minimum parcel area, and (b) the strip shall have a minimum width of 6.0 metres or it shall be wide enough for a future highway if the area of the parcel served by the panhandle access strip is large enough to be further subdivided. Subdivision Pursuant to Section 946 of the Local Government Act District of Invermere Zoning Bylaw No. 1145 November. 2002 25 3.17 Where land is proposed for subdivision pursuant to Section 946 of the Local Government Act, and where such land is not included within the Agricultural Land Reserve, the Approving Officer may permit the subdivision of one parcel into two parcels only, each having an area smaller than the minimum parcel size for the zone in which they are located, provided that: (i) in no case shall the parcel that may be subdivided under Section 946 of the Local Government Act be less than 4.0 hectares (9.9 acres) in area; (ii) all other requirements of Section 946 are complied with. District of Invermere Zoning Bylaw No. 1145 November. 2002 26 Section 4 Parking and Loading Requirements General Requirements 4.1 (1) Owners and occupiers of buildings and structures shall provide off-street parking spaces and off-street loading spaces in accordance with the provisions of this Bylaw except where the buildings and structures are intended to be accessed by hiking, skiing, snowmobiling, horseback, boat or aircraft. (2) Notwithstanding clause (1), owners and occupiers of buildings and structures in the Downtown Commercial Zone, C-1, shall provide off-street parking spaces, where applicable, in accordance with Section 5.14(5) of this Bylaw. (3) All required off-street parking spaces and off-street loading spaces shall have vehicular access to a highway. (4) All parking areas, off-street parking spaces, and off-street loading spaces, for other than single and two family dwellings shall have a maximum slope of 8%. (5) Off-street parking spaces and off-street loading spaces shall not be used for driveways or display, sales or storage of goods. (6) When the calculation of the required number of off-street parking or loading spaces results in a fractional parking or loading space, one (1) off-street parking or loading space shall be provided to meet the fractional requirement. (7) In cases of mixed uses, the total requirements for off-street parking and off-street loading shall be the sum of the requirements for the various uses calculated separately unless otherwise permitted. Required off-street parking spaces for one use shall not be considered as required off-street parking spaces for any other use. (8) Off-street loading spaces shall not be credited as off-street parking spaces. (9) Off-street parking spaces shall not be credited as off-street loading spaces. (10) A maximum of two (2) off-street parking spaces shall be provided for customers and clients of home based businesses, in addition to off-street parking spaces required for dwellings. Off-street parking spaces shall also be provided for all vehicles associated with the home based business. Design, Development and Maintenance Standards 4.2 General Regulations: (1) All off-street parking and loading areas and manoeuvring aisles shall be graded to provide an even surface, and all storm water shall be collected on-site and discharged by underground storm mains to a municipal storm drainage system, if provided. Where a municipal underground storm drainage system does not exist, then surface drainage shall be discharged to the open ditch drainage system. In no case shall grades be established that would permit drainage to cross lot boundaries or sidewalks. (2) All parking and loading areas shall be provided with adequate curbs, bollards or other similar restraints in order to retain all vehicles within such permitted parking or loading area, and to ensure that fences, walls, hedges or landscaped areas, as well as any buildings, will be protected from parked or maneuvering vehicles. District of Invermere Zoning Bylaw No. 1145 November. 2002 27 (3) Where more than four (4) parking spaces are provided, they shall be so designed that no vehicle shall be required to back out onto any highway other than a lane. (4) Where 24 or fewer parking spaces are provided, at least one (1) access point shall be provided, and where more than 24 parking spaces are provided, at least two (2) separate access points shall be provided. (5) Every off-street parking and loading areas and maneuvering aisles shall be surfaced with asphaltic or cement pavement, except in the following: (i) all residential zones providing the use is for single family residential, (ii) commercial campground zone, (iii) public parks and recreation, (iv) parking areas specifically designated to accommodate recreation vehicles and large trucks, and (v) vacant commercial and industrial lots provided no other use is being made of the lot, provided that in all designated parking areas such surfaces are graveled, compacted, and treated to suppress dust and kept free of weeds. (6) All lighting used to illuminate any off-street parking or loading area shall be arranged and installed shall utilize sharp cut-off features so that all direct rays of light are reflected upon such parking area and not upon adjoining premises or highways. (7) Signs or other markers shall be utilized within an off-street parking or loading area to ensure safe and efficient traffic operation and shall be maintained in a neat and legible condition. (8) Pedestrian access to all buildings shall be as convenient as possible and well lit for safety reasons. (9) No off-street parking spaces shall be permitted to overhang any public sidewalk. (10) No part of a parking area shall be located within 1.5m of any principal building except at or adjacent to loading entrances to such buildings. (11) All off-street parking or loading areas shall be freely accessible to a highway. (12) For single family dwellings and duplexes, the total area utilized for driveways and parking of vehicles may not exceed thirty three percent (33%) of the required front yard setback and further provided that no off-street parking space shall be permitted within the required front yard setback except in the said driveway. 4.3 Recreational Vehicles and Large Trucks (1) All recreation vehicle and large truck parking space shall have a clear length of not less than 12m and a clear width of not less than 4m and a clear height of not less than 4m. (2) All recreation vehicle and large truck parking areas shall be provided with unobstructed maneuvering aisles in addition to access to an exit from a highway or traffic aisle. (3) All recreation vehicle and large truck parking areas shall be clearly identified. District of Invermere Zoning Bylaw No. 1145 November. 2002 28 4.4 Disabled Parking (1) Provision of parking spaces for disabled persons shall be in accordance with the British Columbia Building Code. Required Off-Street Parking Spaces 4.5 The number of required off-street parking spaces to be provided shall conform to provisions of the following: (1) Commercial and Industrial Uses (a) Forest service industries, - 1 per 30 m2 (322.9 ft2) of mining and milling, quarrying, office use plus 1 per 185 m2 oil industries (1991.4 ft2) gross floor area for all other uses enclosed within a building, plus 1 for every commercially licensed vehicle for that address (b) Transportation and storage, - 1 per 30 m2 (322.9 ft2) of and wholesale industries office use, plus 1 per 100 m2 (1074.4 ft2) of gross floor area open to the public plus 1 per 185 m2 (1991.4 ft2) of gross floor area for all other uses enclosed within a building, plus 1 for every commercially licensed vehicle for that address (c) Manufacturing industries - 1 per 30 m2 (322.9 ft2) of office use, plus 1 per 50 m2 (538.2 ft2) of retail sales floor area plus 1 per 185 m2 (1991.4 ft2) of gross floor area for all other uses enclosed within a building (d) Communication and other - 1 per 30 m2 (322.9 ft2) of utility industries office use, plus 1 per 185 m2 (1074.2 ft2) of gross floor area for all other uses en- closed within a building, plus one for every commercially licensed vehicle for that address (e) Commercial office - 1 per 65 m2 (699.7 ft2) of gross floor area (2) Personal and Household Services (a) Barber and beauty shops - 1 per 15 m2 (161.5 ft2) of gross floor area (b) Funeral Services - 1 per 4 seats in chapel (c) Laundries and cleaners - 1 per 30 m2 (322.9 ft2) of gross floor area not open to the public, plus 1 per 3 washing/cleaning machines for self- serve facilities District of Invermere Zoning Bylaw No. 1145 November. 2002 29 (d) Membership organisations - 1 per 4 seat capacity plus 1 per 35 m2 (376.7 ft2) of gross floor area not used for seating (e) Repair services, services to - 1 per 35 m2 (376.7 ft2) buildings and dwellings travel of gross floor area services, photographers and other services (f) Rental and leasing of - 1 per 70 m2 (735.5 ft2) of machinery, equipment and gross floor area, plus 1 per vehicles 30 m2 (322.9 ft2) of office use (g) Other personal and household - 1 per 10 m2 (107.6 ft2) gross services floor area (3) Recreational Services (a) Audio/visual production/ - 1 per 4 seat capacity, plus distribution/exhibition; other 1per 30 m2 (322.9 ft2) of staged theatre, entertainment gross floor area not use services and commercial spectator seating sports (b) Dance halls/studios/schools - 1 per 35 m2 (376.7 ft2) of coin operated amusement gross floor area services (c) Curling clubs - 8 spaces per ice sheet plus 1 per 30 m2 (322.9 ft2) of gross floor area not open to the public (d) Bowling alleys billiard - 3 per alley and/or 2 per halls billiard table (e) Golf (i) Golf Course - 4 per each tee plus 1 per 10 m2 (107.6 ft2) of gross floor area not open to the public (ii) Driving range - 1.2 per tee plus 1 per 10 m2 (stand alone) (107.6 ft2) of gross floor area not open to the public (iii) Miniature golf course - 2 per hole plus 1 per 10 m2 (107.6 ft2) of gross floor area not open to the public; where accessory to another use, 3 spaces in total (f) Pools (i) Swimming pool - 1 per 4 m2 (43.1 ft2) of pool surface (ii) Waterslide 1 per 4 person design capacity (g) Boat rentals and marinas - 1 per 2 boat spaces plus 1 per 30 m2 (322.9 ft2) of office use District of Invermere Zoning Bylaw No. 1145 November. 2002 30 (h) roller skating facilities - 1 per 10 m2 (107.6 ft2) of roller skating area (i) Baseball diamonds - 18 per baseball diamond (j) Other sport and recreation - 1 per 10 m2 (107.6 ft2) of club not gross floor area or ice elsewhere classified area plus 4 spaces per court plus 1 per 4 player/ person capacity for other sports or amusements (4) Residential Uses (a) Single family and two - 2 per dwelling unit family dwellings (b) Bed and breakfast - 1 per room used by guests for sleeping accommodation (c) Multiple family dwellings - 1.5 per dwelling unit (d) Mobile home park - 2 per dwelling unit (e) Secondary Suite - 1 per dwelling unit (5) Retail (a) Automotive related (auto - 2 per service bay plus 1 and recreational vehicle per 60 m2 (645.9 ft2) of dealers, service stations gross floor area repair shops and other MV Services (b) Parts and accessories - 1 per 15 m2 (161.5 ft2) of gross floor area (c) General retail - 1 per 15 m2 (161.5 ft2) of gross floor area (6) Service Industries (a) Accommodation services (i) Hotel or motel - 2 plus 1 per hotel or motel room plus 1 per dwelling unit (ii) Pension - 0.75 parking spaces per guest room plus 2 per dwelling unit. (iii) Recreational Vehicle Park - 2 plus 1 per campground Campground space and 1 per recrea- tional vehicle space, plus 1 per dwelling unit (iv) Multiple Family Dwelling with - 0.8 spaces/bedroom for Lock-off Units units with (1) set of cooking facilities. - 2.5 spaces/unit with two (2) sets of cooking facilities. (b) Food and beverage services - 1 per 3 seat capacity District of Invermere Zoning Bylaw No. 1145 November. 2002 31 (i) Drive-in/takeout only - 15 spaces (c) Agriculture - 2 spaces (i) Incidental services - 1 per 30 m2 (322.9 ft2) of gross floor area (ii) Veterinary or other special - 1 per 10 m2 (107.6 ft2) of gross floor area (d) Education service industries (i) Daycare, preschools and - 1 per 50 m2 (538.2 ft2) of elementary schools gross floor area (ii) Senior secondary, post - 3 per classroom plus 1 secondary, or commercial per 30 m2 (322.9 ft2) of schools gross floor area exclusive of classrooms (iii) Library services, - 1 per 40 m2 (538.2 ft2) of museums and archives net of floor area (e) Finance, real estate, - 1 per 35 m2 (376.7 ft2) of insurance and other agencies gross floor area (i) Banks and Credit Unions - 1 per 20 m2 (215.3 ft2) of gross floor area (f) Government Services - 1 per 35 m2 (376.7 ft2) of gross floor area (g) Health and social service - 1 per 35 m2 (376.7 ft2) of industries gross floor area (i) Hospitals and other - 1 per 5 beds plus 1 per institutional social 30 m2 institutional (322.9 services ft2) of office use (ii) Private health and - 1 per 10 m2 (107.6 ft2 of social service gross floor area practitioners Size and Location of Off Street parking Spaces 4.6 (1) Each required off-street parking space shall be a minimum of 2.0 m (6.6 ft) in height, 2.7 m (8.9 ft) in width and 6.0 m (19.7 ft) in length exclusive of aisle access. For parallel parking, the required length of each off-street parking space shall be 7.2 m (23.6 ft) except for end spaces which shall be a minimum length of 6.0 m (19.7 ft). (2) Length of off-street parking spaces may be reduced to 4.6 m (15.1 ft) for not more than 5% of the number of required off-street parking spaces, provided these spaces are clearly marked "small auto only". (3) Minimum aisle widths shall conform to the provisions of the following table: Angle of Parking Space Minimum Width to Aisle in Degrees of Aisle up to 55 3.7 m (12.1 ft) 56 to 75 5.7 m (18.7 ft) 76 to 90 7.5 m (24.6 ft) District of Invermere Zoning Bylaw No. 1145 November. 2002 32 (4) An aisle less than 6.0 m (19.7 ft) in width shall be designed for and clearly marked as suitable for one-way traffic flow only. (5) All required off-street parking spaces for residential uses shall be located on the same parcel as the residential use being served. (6) (a) All required off-street parking for other than residential uses shall be located not more than 120.0 m (393.7 ft) from the parcel, building or structure being served. Required off-street parking shall be located on a parcel in the same zone as the parcel being served. (b) Where some or all of the off-street parking is provided on a parcel other than that on which the use, building or structure being served is located, a covenant under Section 215 of the Land Title Act shall be registered in the Land Title Office in favour of the District against the parcel to be used for parking, reserving the off-street parking spaces that are not on the same parcel as the use, building or structure that they are intended to serve, for as long as that use, building or structure exists. Required Off Street Loading Spaces 4.7 (1) The number of off-street loading spaces required to be provided shall conform to provisions of the following: (a) Offices, assembly use and - 1 per 3000 m2 (32293 ft2) institutional and public uses of gross floor area (b) Hotels and motels - 1 per 1400 m2 (15070 ft2) of gross floor area (c) Other commercial uses and - 1 for first 500 m2 (5382 industrial uses ft2) of gross floor area plus 1 for each additional 2000 m2 (21528 ft2) of gross floor area Size and Location of Off Street Loading Spaces 4.8 (1) Each off-street loading space shall be not less than 9.0 m (29.5 ft) in length, 3.5 m (11.5 ft) in width, nor have a height less than 4.0 m (13.1 ft). (2) Off-street loading spaces shall be located on the same parcel as the building or structure being served, but no part of an off-street loading space shall be less than 7.5 m (24.6 ft) from the nearest point of intersection of any two highways. District of Invermere Zoning Bylaw No. 1145 November. 2002 33 Section 5 Zones Establishment of Zones 5.1 For the purposes of this Bylaw, that portion of the District of Invermere lying within the boundary of the area defined on Schedule "A-1", except those lands to which this Bylaw is restrained by law from applying, is hereby divided into the following zones: Residential Zones R-1 Single Family Residential R-1(A) Single Family (Small Lot) Residential R-1(MH) Single Family (Mobile Home) Residential R-2 Two Family and Low Density Residential R-2S Low Density Residential (Secondary Suites) R-2(A) Two Family (A) Residential RM-1 Multiple Family (Medium Density) Residential RM-2 Multiple Family (Low Density) Residential R-3 Cluster Development (Medium Density) R-3(A) Cluster Development (Medium Density) R-4 High Density Residential R-5 Multiple Family (Senior's / Adult Housing) Residential R-MP Mobile Home Park Residential Rural Residential RR-1 Rural Residential RR-2 Rural Resource Commercial Zones C-1 Downtown Commercial C-2 Highway Tourist Commercial C-3 Neighbourhood Commercial C-4 Neighbourhood Commercial (CastleRock) CT-1 Tourist Accommodation CD-1 Comprehensive Development Zone 1 (Waterside) CD-2 Comprehensive Development Zone 2 (Cardel) RES-1 Resort Recreation RES-2 Resort Accommodation and Recreation RES-2(A) Resort and Tourist Recreation RES-3 Resort Hotel Industrial Zones M-1 Light Industrial M-2 Heavy Industrial Public Zones P-1 Public Institutional P-2 Public Parks and Open Space Amending Bylaw No. 1325, 2007 April 24, 2007 Amending Bylaw No. 1274, 2005 June 16, 2006 Amending Bylaw No. 1309, 2007 November 27, 2007 Amending Bylaw No. 1213, 2004 Sept.14, 2004 Amending Bylaw No. 1176, 2003 June 10 th, 2003 Amending Bylaw No. 1299, 2006 January 9, 2007 Amending Bylaw No. 1376, 2008 September 9, 2008 District of Invermere Zoning Bylaw No. 1145 November. 2002 34 Water Zone - W-1 Residential W-2 Group Moorage W-3 Institutional W-4 Commercial Zone Boundaries and Map 5.2 (1) The location and spatial extent of zones established by this Bylaw are as shown on the attached Schedule A-1 which is incorporated in and forms part of this Bylaw. (2) Where a zone boundary is shown as following a highway or creek, the centre line of such highway or creek shall be the zone boundary. (3) Where a zone boundary does not follow a legally defined line and where distances are not specifically indicated, the location of the boundary shall be determined by scaling the zoning maps. (4) Where a zone boundary is perpendicular to the shoreline of a lake the zone boundary shall be determined to be perpendicular to the general trend of the shoreline from the natural boundary into the lake. (5) Where a zone boundary is adjoining the shoreline of a lake the zone boundary shall be determined to be the natural boundary of lake. Where the natural boundary of the lake has been displaced by a retaining wall, groyne or breakwater the portion of the structure abutting the water shall be determined to be the zone boundary. Amending Bylaw No. 1460, 2012 February 12 th, 2013 Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 35 Single Family Residential Zone : R-1 OCP Designation: Single Family Residential 5.3 (1) Permitted Uses: (a) Single Family Dwelling (b) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Secondary Suites, Subject to Section 3.14 of this Bylaw. (c) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the R-1 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings one single family dwelling per lot (b) Minimum lot frontage Minimum lot frontage for Bulb of a cul-de-sac 12.0 m 10.0 m (c) Minimum parcel size, subject to sections 3.15 & 3.16 555 m2 (d) Minimum setbacks: Principal buildings and structures from:  front parcel line 4.5 m  rear parcel line 6.0 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 1.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m (e) Maximum height for: Dwelling 7.5 m Accessory buildings and structures 4.5 m (f) Maximum parcel coverage for parcels with a: Single family dwelling 40% (g) Minimum horizontal dimension 5.5 m District of Invermere Zoning Bylaw No. 1145 November. 2002 36 (4) Other Regulations (a) All persons carrying out a permitted use in the R-1 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-1 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) The replacement of existing dwelling units on Plan 4124 is permitted provided the parcels cannot comply with the relevant provisions of Section 5.3(3). District of Invermere Zoning Bylaw No. 1145 November. 2002 37 Single Family (Small Lot) Residential Zone : R-1(A) OCP Designation: Single Family Residential 5.4 (1) Permitted Uses: (a) Single Family Dwelling (b) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses: (a) Home Based Business; (b) Secondary Suites, Subject to Section 3.14 of this Bylaw. (c) Other uses, buildings and structures accessory to a permitted use. (3) Regulations: In the R-1(A) zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings one single family dwelling (b) Minimum lot frontage Minimum lot frontage for Bulb of a cul-de-sac 9.0 m 7.5 m (c) Minimum parcel size, subject to sections 3.15 & 3.16  Interior lot  Exterior lot 300 m2 350 m2 (d) Minimum setbacks: Principal buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 1.5 m  exterior side parcel line 3.0 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 1.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m (e) Maximum height for: Dwelling 7.5 m Accessory buildings and structures 4.5 m (f) Maximum parcel coverage for parcels with a: Single family dwelling 40% (g) Minimum horizontal dimension 4.5 m District of Invermere Zoning Bylaw No. 1145 November. 2002 38 (4) Other Regulations (a) All persons carrying out a permitted use in the R-1(A) zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-1(A) zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. District of Invermere Zoning Bylaw No. 1145 November. 2002 39 Single Family Residential (Mobile Home): R-1(MH) OCP Designation: Single Family Residential 5.5 (1) Permitted Uses: (a) Single Family Dwelling; (b) Mobile Home; (c) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Secondary Suites, Subject to Section 3014 of this Bylaw. (c) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the R-1(MH) zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings one single family dwelling or one mobile home (b) Minimum lot frontage Minimum lot frontage for Bulb of a cul-de-sac 12.0 m 10.0 m (c) Minimum parcel size, subject to sections 3.15 & 3.16 400 m2 (d) Minimum setbacks: Principal buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 1.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m (e) Maximum height for: Dwelling 7.5 m Accessory buildings and structures 4.5 m (f) Maximum parcel coverage for parcels with a: Single family dwelling 40% (4) Other Regulations District of Invermere Zoning Bylaw No. 1145 November. 2002 40 (a) All persons carrying out a permitted use in the R-1(MH) zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-1(MH) zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Within sixty (60) days of the installation of a mobile home on blocking in the R-1(MH) zone, skirtings shall be installed. District of Invermere Zoning Bylaw No. 1145 November. 2002 41 Low Density Residential Zone : R-2 OCP Designation: Multi-Family Residential (Low Density) 5.6 (1) Permitted Uses: (a) Single family dwelling; (b) Two family dwelling; (c) Three family dwelling; (d) Four family dwelling; (e) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses (c) Home Based Business; (d) Secondary Suites, Subject to Section 3.14 of this Bylaw. (e) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the R-2 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings one single family dwelling or one two family dwelling or one three family dwelling or one four family dwelling (b) Lot frontage requirements Single family dwelling  Minimum lot frontage for Bulb of a cul-de-sac Two, three or four family dwelling  Minimum lot frontage for Bulb of a cul-de-sac 12.0 m 10.0 m 15.0 m 10.0 m (c) Minimum parcel size, subject to sections 3.15 & 3.16 555 m2 (d) Minimum setbacks: Principal buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 4.5 m  Interior side parcel line 1.5 m  Exterior side parcel line 4.5 m Accessory buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 1.5 m  Interior side parcel line 1.5 m  Exterior side parcel line 4.5 m (e) Maximum height for: District of Invermere Zoning Bylaw No. 1145 November. 2002 42 Dwelling 7.5 m Accessory buildings and structures 4.5 m (f) Maximum parcel coverage for parcels with a: Single family dwelling Two family dwelling Three family dwelling Four family dwelling 40% 45% 45% 50% (g) Minimum horizontal dimension 5.5 m (4) Other Regulations (a) All persons carrying out a permitted use in the R-2 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-2 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Secondary suites are permitted within all single family dwellings in the R-2 zone. (d) A parcel in the R-2 zone may be subdivided along a common wall of a two, three or four family dwelling provided each parcel after subdivision is not less than 255 m2. District of Invermere Zoning Bylaw No. 1145 November. 2002 43 Low Density Residential (Secondary Suites) Zone : R-2S OCP Designation: Multi-Family Residential (Low Density) 5.6(a) (1) Permitted Uses: (f) Single family dwelling; (g) Two family dwelling; (h) Three family dwelling; (i) Four family dwelling; (j) Rowhouses and Townhouses; (k) Secondary Suites, subject to section 5.6(a)4(c). (l) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses: (a) Home Based Business; (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations: In the R-2S zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings one single family dwelling or one two family dwelling or one three family dwelling or one four family dwelling (b) Minimum parcel size, subject to sections 3.15 & 3.16 555 m2 (c) Lot frontage requirements Single family dwelling - Minimum lot frontage for Bulb of a cul-de-sac Two, three or four family dwelling - Minimum lot frontage for Bulb of a cul-de-sac 12.0 m 10.0 m 15.0 m 10.0 m (d) Minimum setbacks: Principal buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 4.5 m  Interior side parcel line 1.5 m  Exterior side parcel line 4.5 m Accessory buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 1.5 m  Interior side parcel line 1.5 m  Exterior side parcel line 4.5 m Amending Bylaw No. 1376, 2008 September 9, 2008 District of Invermere Zoning Bylaw No. 1145 November. 2002 44 (d) Maximum height for: Dwelling 9.0 m Accessory buildings and structures 4.5 m (e) Maximum parcel coverage for parcels with a: Single family dwelling Two family dwelling Three family dwelling Four family dwelling 40% 45% 50% 55% (f) Minimum horizontal dimension 5.5 m (4) Other Regulations (a) All persons carrying out a permitted use in the R-2S zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-2S zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Secondary suites are permitted within all dwelling units in the R-2S zone, subject to the following regulations: (i) secondary suites may be permitted in an accessory building provided: (a) the parcel contains a dwelling unit; (b) the parcel does not contain a bed and breakfast; (c) the parcel does not contain an existing secondary suite; (d) that all other provisions of Zoning Bylaw are complied with. (ii) only one secondary suite per parcel is permitted; (iii) a secondary suite shall not exceed 90 m 2 or 40% of the residential floor space in the dwelling unit; (iv) no secondary suite can be less than 32 m 2 in size; (v) the owner of a single-family building that contains a secondary suite shall be a resident of either the secondary suite or the principal residential dwelling unit; (vi) a single-family residential building containing one or more boarders or lodgers or in which there is being operated as a bed and breakfast, may not have a secondary suite; (vii) no single-family residential building containing a secondary suite may be subdivided, stratified or otherwise legally separated from the single-family residential building wherein contained; (viii) the registered owner of a single-family residential building containing a secondary suite shall grant the District of Invermere a Section 219 Land Title Covenant in a form acceptable to the District. The Covenant shall incorporate each of the above requirements and an indemnification against liability in favour of the District. (d) parcel in the R-2S zone may be subdivided along a common wall of a two, three or four family dwelling provided that the average parcel size after subdivision is not less than the minimum parcel size of 255 m2. District of Invermere Zoning Bylaw No. 1145 November. 2002 45 Two Family Residential Zone: R-2(A) OCP Designation: Multi-Family Residential (Low Density) 5.7 (1) Permitted Uses: (a) Single family dwelling; (b) Two family dwelling; (c) Semi-detached single family dwellings; (d) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Secondary Suites, Subject to Section 3.14 of this Bylaw. (c) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the R-2(A) zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings one single family dwelling or one two family dwelling (b) Lot frontage requirements Single family dwelling  Minimum lot frontage for Bulb of a cul-de-sac Two, three or four family dwelling  Minimum lot frontage for Bulb of a cul-de-sac 12.0 m 10.0 m 15.0 m 10.0 m (c) Minimum parcel size, subject to sections 3.15 & 3.16  Single Family Dwelling  Two Family Dwelling  Semi-detached Single Family Dwelling 510 m2 510 m2 255 m2 (d) Minimum setbacks: Principal buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 1.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m (e) Maximum height for: Dwelling 7.5 m Accessory buildings and structures 4.5 m District of Invermere Zoning Bylaw No. 1145 November. 2002 46 (f) Maximum parcel coverage for parcels with a: Single family dwelling Two family dwelling 40% 45% (g) Minimum horizontal dimension 5.5 m (4) Other Regulations (a) All persons carrying out a permitted use in the R-2(A) zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-2(A) zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) A parcel in the R-2(A) zone may be subdivided along a common wall of a two family dwelling provided each parcel after subdivision is not less than half the minimum parcel size. District of Invermere Zoning Bylaw No. 1145 November. 2002 47 Multiple Family (Low Density) Residential: RM-1 OCP Designation: Multi-Family Residential (Low Density) 5.8 (1) Permitted Uses (a) single family dwellings; (b) two family dwellings; (c) low density multiple family use; (d) multiple family use; (2) Accessory Uses (a) Home Based Business; (b) Secondary Suites, Subject to Section 3.14 of this Bylaw. (c) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the RM-1 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings 40 dwellings per hectare of useable site area (b) Lot frontage requirements 20.0 m (c) Minimum parcel size, subject to sections 3.15 & 3.16 1100 m2 (d) Minimum setbacks: Principal buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 1.5 m  exterior side parcel line 1.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 1.5 m  interior side parcel line 1.5 m  exterior side parcel line 1.5 m (e) Maximum height for: Dwelling 7.5 m Accessory buildings and structures 4.5 m (f) Maximum parcel coverage for parcels with a: 45% (g) Minimum floor area 65 m2 (h) Minimum horizontal dimension 5.5 m District of Invermere Zoning Bylaw No. 1145 November. 2002 48 (4) Other Regulations (a) All persons carrying out a permitted use in the RM-1 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the RM-1 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) A parcel in the zone may be subdivided along a common wall of a two family RM-1 dwelling provided each parcel after subdivision is not less than 255 m2. District of Invermere Zoning Bylaw No. 1145 November. 2002 49 Detached Townhouse Zone RM-2 OCP Designation: Multi-Family Residential (Low Density) 5.8(a) (1) Permitted Uses: (a) Single family dwelling; (b) Two family dwelling; (c) Three family dwelling; (d) Four family dwelling; (e) Rowhouses and Townhouses; (f) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Secondary Suites, Subject to Section 3.14 of this Bylaw. (c) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the RM-2 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings one single family dwelling or one two family dwelling or one three family dwelling or one four family dwelling (b) Minimum parcel size, subject to sections 3.15 & 3.16 510 m2 (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 4.5 m  Interior side parcel line 1.5 m  Exterior side parcel line 4.5 m Accessory buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 1.5 m  Interior side parcel line 1.5 m  Exterior side parcel line 4.5 m (d) Maximum height for: Amending Bylaw 1211, 2004 Amending Bylaw No. 1176, 2003 June 10, 2003 District of Invermere Zoning Bylaw No. 1145 November. 2002 50 Dwelling 9.0 m Accessory buildings and structures 4.5 m (e) Maximum parcel coverage for parcels with a: Single family dwelling Two family dwelling Three family dwelling Four family dwelling 40% 45% 50% 55% (f) Minimum horizontal dimension 5.5 m (4) Other Regulations (a) All persons carrying out a permitted use in the RM-2 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the RM-2 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Secondary suites are permitted within all single family dwellings in the RM-2 zone. (d) A parcel in the RM-2 zone may be subdivided along a common wall of a two, three or four family dwelling provided that the average parcel size after subdivision is not less than the minimum parcel size of 510 m2 divided by the number of dwelling units. District of Invermere Zoning Bylaw No. 1145 November. 2002 51 Cluster Development (Medium Density) Zone: R-3 OCP Designation: Planned Residential 5.9 (1) Permitted Uses: (a) Single Family Dwellings; (b) Cluster residential developments; (c) Multiple family dwelling; (d) Row houses and town houses (e) Uses permitted under Section 3.1.0 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the R-3 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings 30 dwelling units per gross hectare i) where additional recreation space is provided one additional dwelling unit per 15 m2 of additional recreation space may be sited, to a maximum density of 60 dwelling units per gross hectare on a parcel in the R-3 zone. ii) Where underground or concealed off- street parking spaces are provided, one additional dwelling unit per 1.5 underground or concealed parking spaces may be sited to a maximum density of 60 dwelling units per gross hectare on a parcel in the R-3 zone (b) Number of Accessory buildings One (1) per dwelling unit (c) Minimum parcel sizes  Single family dwelling units 240 m2 (2583 ft2)  Rowhouses and Townhouses (subdivided along a common wall) 170 m2 (1830 ft2)  Cluster residential developments 1250m2 (13455 ft2)  Multiple family dwellings 1250m2 (13455 ft2) (d) Minimum setbacks: Single Family, Two Family, Three Family, and Four Family Dwelling Units, Rowhouses and Townhouses from: Amending Bylaw No. 1187, 2003 Sept. 30 th, 2003 District of Invermere Zoning Bylaw No. 1145 November. 2002 52  Front parcel line  Minimum front yard 3.0m  Maximum front yard 4.5m  Rear parcel line 7.5m  Interior side parcel line 1.2m  Exterior side parcel line 2.0m Multiple Family Dwellings  Front parcel line 4.5 m  Rear parcel line 4.5 m  Interior side parcel line 4.5 m  Exterior side parcel line 4.5 m Accessory buildings and structures for Single Family Dwellings:  Front parcel line 4.5 m  Rear parcel line 0.5 m  Interior side parcel line 0.5 m  Exterior side parcel line 1.5 m (e) Maximum height for: Dwelling 12.5 m Accessory buildings and structures 4.5 m Fences Front Yard 1.0 m All other yards 2.0 m (f) Maximum parcel coverage Single Family Dwellings 45% Two and Three Family Dwellings 50% Multiple Family Dwelling Units 50% Four Family Dwellings, Rowhouses And Townhouses 55% (g) Minimum horizontal dimension 5.5m (4) Parking Requirements (a) Off street parking for any development in the R-3 zone shall be provided as follows: Single Family Dwellings 1.0 parking stalls per unit Multiple Family Dwellings 1.5 parking stalls per unit Accessory Uses As per section 3.13.0 of this bylaw (b) Where permitted and accessory uses are not able to comply with the parking requirements of subsection (a) or section 3.13.0, the owner shall contribute $1,500 per parking space to a reserve fund established pursuant to the Local Government Act. (5) Recreational Space No person shall site dwelling units in the R-3, which has less than 15.0 m2 of recreational space per dwelling unit. Amending Bylaw No. 1187, 2003 Sept. 30 th, 2003 Amending Bylaw No. 1187, 2003 Sept. 30 th, 2003 Amending Bylaw No. 1187, 2003 Sept. 30 th, 2003 District of Invermere Zoning Bylaw No. 1145 November. 2002 53 (6) Other Regulations (a) All persons carrying out a permitted use in the R-3 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-3 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. District of Invermere Zoning Bylaw No. 1145 November. 2002 54 Cluster Development (Medium Density) Zone: R-3A OCP Designation: Planned Residential 5.9(a) (1) Permitted Uses: (a) Single Family Dwellings; (b) Cluster residential developments; (c) Multiple family dwelling; (d) Row houses and town houses (e) Uses permitted under Section 3.1.0 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Tourist Home, subject to sections 6(c) and 6(d); (c) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the R-3A zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings 30 dwelling units per gross hectare iii) Where additional recreation space is provided one additional dwelling unit per 15 m2 of additional recreation space may be sited, to a maximum density of 60 dwelling units per gross hectare on a parcel in the R-3A zone, or; iv) Where underground or concealed off- street parking spaces are provided, one additional dwelling unit per 1.5 underground or concealed parking spaces may be sited to a maximum density of 60 dwelling units per gross hectare on a parcel in the R-3A zone (b) Number of Accessory buildings One (1) per dwelling unit (c) Minimum parcel sizes  Single family dwelling units 240 m2 (2583 ft2)  Rowhouses and Townhouses (subdivided along a common wall) 170 m2  Cluster residential developments 1250m2 (13455 ft2)  Multiple family dwellings 1250m2 (13455 ft2) (d) Minimum setbacks: Amending Bylaw No. 1299, 2006 January 9, 2007 District of Invermere Zoning Bylaw No. 1145 November. 2002 55 Single Family Dwelling Units from:  Front parcel line  Minimum front yard 3.0 m  Maximum front yard 4.5 m  Rear parcel line 7.5 m  Interior side parcel line 1.2 m  Exterior side parcel line 2.0 m Multiple Family Dwellings  Front parcel line 4.5 m  Rear parcel line 4.5 m  Interior side parcel line 4.5 m  Exterior side parcel line 4.5 m Accessory buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 0.5 m  Interior side parcel line 0.5 m  Exterior side parcel line 1.5 m (e) Maximum height for: Dwelling 12.5 m Accessory buildings and structures 4.5 m Fences Front Yard 1.0 m All other yards 2.0 m (f) Maximum parcel coverage Single Family Dwellings 45% Two and Three Family Dwellings 50% Multiple Family Dwelling Units 50% Four Family Dwellings, Rowhouses And Townhouses 55% (g) Minimum horizontal dimension 5.5m (4) Parking Requirements (a) Off street parking for any development in the R-3A zone shall be provided as follows: Single Family Dwellings 2.0 parking stalls per unit Multiple Family Dwellings 1.5 parking stalls per unit Accessory Uses As per section 3.13.0 of this bylaw (5) Recreational Space No person shall site dwelling units in the R-3A, which has less than 15.0 m2 of recreational space per dwelling unit. (6) Other Regulations District of Invermere Zoning Bylaw No. 1145 November. 2002 56 (a) All persons carrying out a permitted use in the R-3A zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-3A zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Within this zone Tourist Home shall mean a Dwelling unit operated as an accommodation unit, occupied by a guest or guests for a period of less than 28 days. (d) Where approved, tourist homes shall be developed and operated in accordance with the following regulations in order to ensure that the impacts of this commercial use do not unduly affect the amenities of the residential neighbourhood in which they are located; (i) The maximum number of bedrooms in a dwelling unit used for a tourist home shall be 4, with a maximum of 8 'pillows' (guests). (ii) Tourist homes require a development permit. A permit may be revoked at any time if, in the opinion of a Approving Officer, the operator has violated any provision of this Bylaw or the conditions of a permit. (iii) Tourist homes shall not interfere with the rights of other residents to quiet enjoyment of a residential neighborhood. (iv) Tourist homes shall be an incidental and subordinate use to the principal residential use and shall be contained within the principal building. (v) The Approving Officer or their delegate, acting reasonably may inspect the tourist home establishment to ensure compliance with this bylaw and the development permit. (vi) The operator of the tourist home shall: (a) Not advertise the tourist home unless in possession of a valid development permit at the time the advertisement is placed and displayed; (b) Keep and maintain, or have kept and maintained by a company or individual identified in the development permit application, a guest register that shall be reasonably available for inspection by the Approving Officer; (c) Provide one hard surfaced, on-site parking stall per bedroom. Parking stalls shall not be tandem and parking and driveway areas may be surfaced with materials such as "turfstone', or flagstone, but not gravel. (d) A maximum of 50% of the area between the residence and the street may be used for driveway and parking, the remainder of this area shall be landscaped with natural landscaping to the satisfaction of the District. (e) Not display any form of advertising related to the tourist home except as provided for in this bylaw. (f) Ensure that the building conforms to the BC Building Code. (g) Not operate a Home Based Business or Bed & breakfast operation on the site (h) Enter into an agreement with the District of Invermere, which shall provide, among other things, that it is the responsibility of the applicant- owner to provide the Town with current information regarding the name, address and telephone number of any agency or individual who may be managing the tourist home on behalf of the applicant. (i) As "tourist homes" are a commercial business (rather than a "home occupation") maintain a current, annual District of Invermere business license. (j) Submit a signed statutory declaration as part of the annual business license which states that the operator is a resident (whether permanent or 'part-time') and owner of the dwelling unit being used as a tourist home and, if a booking or management company is managing the tourist home operation, the name of that company and the name and telephone number of a local individual responsible for the management of the tourist home District of Invermere Zoning Bylaw No. 1145 November. 2002 57 Multiple Family (High-Density) Residential Zone: R-4 OCP Designation: Multi-Family Residential (High Density) 5.10 (1) Permitted Uses: (a) Multiple family dwelling; (b) Row houses and town houses (c) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the R-4 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings Sixty (60) dwelling units per gross hectare of usable site area (b) Lot frontage requirements 15.0 (c) Minimum parcel size, subject to sections 3.15 & 3.16 1500 m2 (d) Minimum setbacks: Principal buildings and structures from: S  Front parcel line 4.5 m  Rear parcel line 4.5 m  Interior side parcel line 4.5 m  Exterior side parcel line 4.5 m Accessory buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 4.5 m  Interior side parcel line 4.5 m  Exterior side parcel line 4.5 m (e) Maximum height for: Dwelling 12.5 m Accessory buildings and structures 4.5 m (f) Maximum parcel coverage 55% (g) Minimum floor area per dwelling unit 37 m2 (4) Other Regulations (a) All persons carrying out a permitted use in the R-4 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. District of Invermere Zoning Bylaw No. 1145 November. 2002 58 (b) No person shall use or permit the use of any portion of a parcel in the R-4 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) On site amenity space shall be provided on the sum total of the following class of dwellings to be developed on the property: (i) bachelor unit 14 m2 (ii) one (1) bedroom 19 m2 (iii) two (2) bedroom 38 m2 (iv) three (3) bedroom 57 m2 (v) four (4) bedroom 76 m2 District of Invermere Zoning Bylaw No. 1145 November. 2002 59 Multiple Family (Senior's / Adult Housing) Residential Zone: R-5 OCP Designation: Multi-Family Residential (High Density) 5.11 (1) Permitted Uses: (a) Multiple family dwelling; (b) Seniors Congregate Housing; (c) Assisted Living Facility (d) Uses permitted under Section 3.1.0 of this Bylaw (2) Accessory Uses (a) Professional Offices accessory to a Seniors Congregate housing or an assisted living facility;; (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the R-5 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings 60 dwelling units per gross hectare v) where additional recreation space is provided one additional dwelling unit per 15 m2 of additional recreation space may be sited, to a maximum density of 90 dwelling units per gross hectare on a parcel in the R-5 zone. vi) Where underground or concealed off- street parking spaces are provided, one additional dwelling unit per 2.5 underground or concealed parking spaces may be sited to a maximum density of 90 dwelling units per gross hectare on a parcel in the R-5 zone (b) Lot frontage requirements 20.0 m (c) Minimum parcel size, 1.0 ha (d) Minimum setbacks: Principal buildings and structures from:  Front parcel line 6.0 m  Rear parcel line 6.0 m  Interior side parcel line 6.0 m  Exterior side parcel line 6.0 m Accessory buildings and structures from:  Front parcel line 6.0 m  Rear parcel line 6.0 m  Interior side parcel line 6.0 m  Exterior side parcel line 6.0 m District of Invermere Zoning Bylaw No. 1145 November. 2002 60 (e) Maximum height for: Dwelling 18.0 m Accessory buildings and structures 4.5 m Fences Front Yard 1.0 m All other yards 2.0 m (f) Maximum parcel coverage 40% (4) Off-Street Parking Requirements (a) Off street parking for any development in the R-5 zone shall be provided as follows: Multiple Family Dwellings 1.5 parking stalls per unit Congregate Senior's Housing 0.30 spaces for each dwelling unit Assisted Living Facility 1 space for each 4 sleeping units Accessory Uses As per section 3.13.0 of this bylaw (b) Off -street loading requirements for any development in the R-5 zone shall be provided as follows: Offices, assembly use and 1 per 3000 m2 (32293 ft2) institutional and public uses of building footprint or portion thereof (5) Recreational Space No person shall site a multiple family dwelling, senior's congregate care or assisted living facility which has less than 15.0 m2 of recreational space per dwelling unit. (6) Other Regulations (a) All persons carrying out a permitted use in the R-5 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-3 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) The gross floor area of a dwelling unit or sleeping unit contained within a senior's congregate housing facility shall not be less than 20 m2 and not more than 120 m2. (d) Restaurants, personal services and convenience store uses shall be contained within the senior's congregate housing facility and shall only be accessible from an internal hallway or corridor of the housing facility. District of Invermere Zoning Bylaw No. 1145 November. 2002 61 Mobile Home Park Residential Zone: R-MP OCP Designation: Planned Residential 5.12 (1) Permitted Uses: (a) Mobile Home Park; (b) Dwelling unit; (c) Common storage area; (d) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the R-MP zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Minimum parcel size 2.0 ha (b) Size of manufactured home space 370 m2 (c) Density  Gross  Manufactured homes per manufactured home space 18 manufactured homes per gross hectare of usable site area one (d) Minimum setbacks: Manufactured Homes from:  Internal access road or common storage area 1.8 m  Rear and side lines of manufactured home space 3.0 m  Parcel line abutting highway 4.5 m  All other parcel lines 4.5 m Accessory buildings and structures from:  Manufacture home space 4.5 m  Rear parcel line 4.5 m  All other parcel lines 4.5 m (e) Maximum height for: Manufactured home 6.0 m Accessory buildings and structures 4.5 m District of Invermere Zoning Bylaw No. 1145 November. 2002 62 (4) Other Regulations (a) All persons carrying out a permitted use in the R-MP zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-MP zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. District of Invermere Zoning Bylaw No. 1145 November. 2002 63 Rural Residential Zone : RR-1 OCP Designation: Rural Residential 5.13 (1) Permitted Uses: (a) Single Family Dwelling; (b) Mobile homes; (c) Keeping of farm animals; (d) Horticulture; (e) Veterinary clinic; (f) Kennels; (g) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Secondary Suites, Subject to Section 3.14 of this Bylaw. (c) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the RR-1 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings One single family dwelling (b) Minimum parcel size, subject to sections 3.15 & 3.16 1.0 hectares (c) Minimum setbacks: Principal buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m (d) Maximum height for: Dwelling 9.0 m Accessory buildings and structures 7.5 m (e) Maximum parcel coverage for parcels 20% (4) Other Regulations (a) All persons carrying out a permitted use in the RR-1 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. District of Invermere Zoning Bylaw No. 1145 November. 2002 64 (b) No person shall use or permit the use of any portion of a parcel in the RR-1 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. District of Invermere Zoning Bylaw No. 1145 November. 2002 65 Rural Resource Zone : RR-2 OCP Designation: Rural Resource 5.14 (1) Permitted Uses: (a) Single Family Dwelling; (b) Mobile homes; (c) Keeping of farm animals; (d) Horticulture; (e) Veterinary clinic; (f) Kennels; (g) Uses permitted under Section 3.3 of this Bylaw (2) Accessory Uses (a) Home Based Business; (b) Secondary Suites, Subject to Section 3.14 of this Bylaw. (c) Seasonal produce stands; (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the RR-2 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of dwellings One single family dwelling (b) Minimum parcel size, subject to sections 3.15 & 3.16 4.0 hectares (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m (d) Maximum height for: Dwelling 9.0 m Accessory buildings and structures 7.5 m (e) Maximum parcel coverage for parcels 20% (4) Other Regulations (a) All persons carrying out a permitted use in the RR-2 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. District of Invermere Zoning Bylaw No. 1145 November. 2002 66 (b) No person shall use or permit the use of any portion of a parcel in the RR-1 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. District of Invermere Zoning Bylaw No. 1145 November. 2002 67 Downtown Commercial: C-1 OCP Designation: Downtown Commercial 5.15 (1) Permitted Uses: (a) The following retail trade industries: (i) food, beverage and drug store; (ii) shoe apparel, fabric and yarn store; (iii) household furniture, appliance and furnishing store; (iv) general retail store; (v) other retail stores; (b) beauty and barber shop; (c) dry cleaning and laundry establishment; (d) business and professional offices; (e) medical and dental clinic; (f) child care facility; (g) billiard hall, bowling alley, dance hall and amusement arcade; (h) theatre and cinema; (i) financial institutions including insurance and security offices; (j) travel agencies; (k) school and studio for art, music, theatre and dancing; (l) beauty and barber shop school (m) fitness centre, racquet club and health spa; (n) food service; (o) tavern, night-club and pub; (p) hotel and motels (q) tourist information facility; (r) club or lodge; (s) dwelling units situated above the first storey of a commercial building other than a parking garage; and; dwelling units will be permitted on the ground floor only on that portion of a lot(s) adjacent to 4th and 6th Ave between 13th and 14th Street and 6th and 9th Street. (t) Uses permitted under Section 3.3 of this Bylaw. (2) Accessory Uses (a) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the C-1 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of principal buildings One (b) Minimum parcel size, subject to sections 3.15 & 3.16 232 m2 (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 0.0 m Amending Bylaw No. 1215, 2004 October 26, 2004 District of Invermere Zoning Bylaw No. 1145 November. 2002 68  rear parcel line 6.0 m  interior side parcel line 0.0 m  exterior side parcel line 0.0 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 1.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m (d) Maximum height for: Dwelling 15.0 m or three storeys, which ever is less Accessory buildings and structures 4.5 m (e) Maximum parcel coverage for parcels 90% (f) Maximum floor area ratio 2.5 (g) Lot Frontage 7.5 m (4) Other Regulations (a) All persons carrying out a permitted use in the C-1 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the C-1 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Where dwelling units are proposed, it shall: (i) be designed and constructed as an integral part of the principal building; (ii) be self contained; (iii) have an entrance provided from outside the building separate from the commercial use. (iv) be located above the first storey of the building. (d) In the C-1, Downtown Commercial zone, the off-street vehicle parking space requirements of this Bylaw may be met by payment to the district of Invermere of $4,500 per off-street parking space. The money collected shall be paid into a reserve fund for the provision of new parking spaces (e) Ground floor commercial must be built in conjunction with any planned dwelling units adjacent 4th or 6th Ave. Dwelling units and commercial units may be located in separate buildings on the same lot. Between 13th and 14th Street residential units are permitted on the ground floor facing 13th and 14th to the maximum distance of 30 metres (98.5 feet) from 4th Avenue. (5)(a) Off-Street Parking Requirements Medical & Dental Clinics 2 per doctor or dentist Food and Beverage Service 1 per the first 20 seats plus 1 per each additional 5 seats of capacity Accommodation Services 1 per accommodation unit Clubs, Lodges, Halls 1 per 10 seats of capacity All other permitted uses 1 per 232 m2 of gross floor area Amending Bylaw No. 1215, 2004 October 26, 2004 Amending Bylaw No. 1265, 2006 January 10, 2006 District of Invermere Zoning Bylaw No. 1145 November. 2002 69 (b) Off-Street Loading Requirements All person carrying out a permitted uses shall comply with the relevant provisions of Section 4.4 of this Bylaw. District of Invermere Zoning Bylaw No. 1145 November. 2002 70 Highway Tourist Commercial: C-2 OCP Designation: Gateway Commercial 5.16 (1) Permitted Uses: (a) motels; (b) eating and drinking establishments; (c) amusement park; (d) miniature golf; (e) marinas; (f) outdoor recreation services; (g) automobile sales and rentals; (h) boat sales and rentals; (i) carwashes; (j) convenience stores; (k) gas bars and service stations; (l) recreational vehicle sales, rentals and services; (m) veterinary clinics; (n) real estate services; (o) small engine and equipment sales, rental and repair; (p) plumbing and heating contractors; (q) Uses permitted under Section 3.3 of this Bylaw; (r) courier services; (s) video rental, sales and ancillary services; (t) computer sales and ancillary services; (u) printing and copier sales and ancillary services; (v) other electronic sales and ancillary services. (2) Accessory Uses (a) dwelling unit accessory to a permitted use; (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the C-2 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of principal buildings One (b) Maximum number of accessory dwelling units One (c) Minimum parcel size, subject to sections 3.15 & 3.16 232 m2 (d) Minimum setbacks: Principal buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 4.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from: Amending Bylaw no. 1211, 2004 July 13, 2004 District of Invermere Zoning Bylaw No. 1145 November. 2002 71  front parcel line 4.5 m  rear parcel line 1.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m (e) Maximum height for: Principal Building 9.0 m Accessory buildings and structures 4.5 m (f) Maximum parcel coverage for parcels 90% (g) Maximum floor area ratio 2.5 (h) Lot Frontage 7.5 m (5) Other Regulations (a) All persons carrying out a permitted use in the C-2 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the C-2 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Where an accessory dwelling unit is proposed, it shall: (i) be designed and constructed as an integral part of the principal building; (ii) be self contained; (iii) have an entrance provided from outside the building separate from the commercial use. (v) be located above the first storey of the building. (d) All persons carrying out a permitted use in the C-2 zone shall comply with the relevant provisions of Section 3.10 of this Bylaw with respect to screening and outdoor storage. District of Invermere Zoning Bylaw No. 1145 November. 2002 72 Neighbourhood Commercial: C-3 OCP Designation: Neighborhood Commercial 5.17 (1) Permitted Uses: (a) Convenience stores; (b) Video rental and sales; (c) Pension; (d) Child Care Facility, Major; (e) Business and Professional Offices; (f) Beauty and Barber Shop; (g) Multi-family Dwelling Units; (h) Retail commercial subject to Section 4(d) of this bylaw; (i) Uses permitted under Section 3.3 of this Bylaw. (2) Accessory Uses (a) dwelling unit accessory to a permitted use, subject to subsection 3.14 (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the C-3 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of principal buildings One (b) Minimum parcel size, subject to sections 3.15 & 3.16 600 m2 (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 6.0 m  rear parcel line 6.0 m  interior side parcel line 3.0 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 1.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m (d) Maximum height for: Dwelling 7.5 m Accessory buildings and structures 4.5 m (e) Maximum parcel coverage for parcels 30% (f) Maximum floor area ratio 1.0 (g) Lot Frontage 15.0 m Amended Bylaw No. 1356, 2007 May 13, 2008 District of Invermere Zoning Bylaw No. 1145 November. 2002 73 (4) Other Regulations (a) All persons carrying out a permitted use in the C-3 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the C-3 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Where dwelling units are proposed, it shall: (i) be designed and constructed as an integral part of the principal building; (ii) be self contained; (iii) have an entrance provided from outside the building separate from the commercial use. (vi) be located above the first storey of the building. District of Invermere Zoning Bylaw No. 1145 November. 2002 74 Neighbourhood Commercial (CastleRock) : C-4 OCP Designation: Neighborhood Commercial 5.18 (1) Permitted Uses: (a) Convenience stores; (b) Video rental and sales; (c) Pension; (d) Multi-family Dwelling Units; (e) Community Recreation Centre and Outdoor Recreation Facilities; (f) Uses permitted under Section 3.3 of this Bylaw. (2) Accessory Uses (a) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the C-4 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Minimum parcel size, subject to sections 3.15 & 3.16 1.0 hectare (b) Maximum Permitted Density 50 dwelling units per hectare (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 6.0 m  rear parcel line 6.0 m  interior side parcel line 6.0 m  exterior side parcel line 6.0 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m (d) Maximum height for: Principal Building 15.0 m Accessory buildings and structures 4.5 m (e) Maximum parcel coverage for parcels 30% (f) Maximum floor area ratio 1.0 (g) Lot Frontage 15.0 m (4) Other Regulations (a) All persons carrying out a permitted use in the C-4 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. Amending Bylaw No. 1325, 2007 April 24, 2007 District of Invermere Zoning Bylaw No. 1145 November. 2002 75 (b) No person shall use or permit the use of any portion of a parcel in the C-4 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Where dwelling units are proposed, it shall: (i) be designed and constructed as an integral part of the principal building; (ii) be self contained; (iii) have an entrance provided from outside the building separate from a commercial use. District of Invermere Zoning Bylaw No. 1145 November. 2002 76 Tourist Accommodation Zone: CT-1 OCP Designation: Resort and Tourist Recreation, Downtown Commercial or Gateway Commercial 5.19 (1) Permitted Uses: (a) Motels, including motel apartment buildings; (b) Row houses and town houses; (c) Pension; (d) Hostel; and (e) Uses permitted under Section 3.3 of this Bylaw. (2) Accessory Uses (a) dwelling unit accessory to a permitted use; (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the CT-1 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Maximum number of accessory dwelling units One (b) Minimum parcel size, subject to sections 3.15 & 3.16 1000 m2 (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 4.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 1.5 m  interior side parcel line 1.5 m  exterior side parcel line 4.5 m (d) Maximum height for: Principal Building 11.0 m Accessory buildings and structures 4.5 m (e) Maximum parcel coverage for parcels 45% (f) Lot Frontage 20.0 m (4) Other Regulations District of Invermere Zoning Bylaw No. 1145 November. 2002 77 (a) All persons carrying out a permitted use in the CT-1 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the CT-1 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) Where an accessory dwelling unit is proposed, it shall: (i) be designed and constructed as an integral part of the principal building; (ii) be self contained; (iii) have an entrance provided from outside the building separate from the commercial use. (vii) be located above the first storey of the building. (d) All persons carrying out a permitted use in the CT-1 zone shall comply with the relevant provisions of Section 3.10 of this Bylaw with respect to screening and outdoor storage. (e) On site amenity space shall be provided on the sum total of the following class of dwellings to be developed on the property: (i) bachelor unit 14 m2 (ii) one (1) bedroom 19 m2 (iii) two (2) bedroom 38 m2 (iv) three (3) bedroom 57 m2 (v) four (4) bedroom 76 m2 District of Invermere Zoning Bylaw No. 1145 November. 2002 78 Comprehensive Development Zone 1 (Waterside): CD-1 OCP Designation: Downtown Commercial 5.20 This zone is intended to accommodate and regulate the development of Waterside, a mixed use, commercial/residential development, including a hotel and conference centre, based on a comprehensive plan. (1) Permitted and Accessory Uses: (a) Uses Permitted under Bylaw 1145, C-1 Zone, Downtown Commercial, sections 5.15 (1) and 5.15 (2) (b) As per attached Schedule "A" (2) Regulations In the CD Zone - 1: Waterside, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the zone, as described in subsections 3-8 and in the attached schedules. (3) Maximum number of buildings (a) As per schedule "B" - Site Plan (4) Maximum unit counts, and building areas (a) As per schedule "C" - Unit counts and area tabulations (5) Density (a) Minimum Density is 60 units per hectare. (b) Where the following amenities are provided, the maximum permitted site density shall be in accordance with Schedule "D" - Density Tabulations: i. Aerial Ladder Fire Truck, to be provided in full prior to occupancy of the first building of 5 stories or more ii. Aesthetic Improvements to 13th Street, to be completed prior to occupancy of Phase 3, in accordance with Schedule "F" iii. Waterside Boardwalk to be constructed in phases. Upon issuance of a building permit for each phase a portion of the boardwalk shall be completed. iv. Municipal affordable housing needs assessment and implementation strategy contribution in the amount of $10,000 to be provided at issuance of a Development Permit (6) Size, Shape, and Siting of Buildings and Structures (a) As per schedules "B" - Site Plan and "G-1" to "G-5" - Site Sections (b) Maximum height defined from the height above finished grade at 4th Avenue shall be 15.0 metres (50 feet). (7) Minimum lot sizes (a) As per schedule "D" - Site Plan, Column: Site Area (8) Project Phasing (a) As per schedule "E" - Project Phasing Amending Bylaw No. 1274, 2005 June 13, 2006 District of Invermere Zoning Bylaw No. 1145 November. 2002 79 (9) Other Regulations (a) All persons carrying out a permitted use in the CD Zone-1 shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the R-1 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. District of Invermere Zoning Bylaw No. 1145 November. 2002 80 Schedule "A"- Permitted Land Uses Phase Designation Building No. Permitted Uses Accessory Uses Phase 1 1A Hotel Other uses, buildings and structures accessory to a permitted use 1B Conference Centre Other uses, buildings and structures accessory to a permitted use Phase 2 2A As per Downtown Commercial Zone C-1, Bylaw 1145, Section 5.15 (1), Permitted Uses Other uses, buildings and structures accessory to a permitted use Phase 3 3A Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use Phase 4 4A Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use Phase 5 Park; Conservation Area; Recreational Reserve; Ecological Reserve Eating and Drinking establishment accessory to a permitted use; and Other uses, buildings and structures accessory to a permitted use Phase 6 6A Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use 6B Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use Phase 7 7A Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use 7B Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use 7C Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use Phase 8 8A Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use Phase 9 9A Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use 9B Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use 9C Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use Phase 10 Boardwalk Park; Conservation Area; Recreational Reserve; Ecological Reserve Eating and Drinking establishment accessory to a permitted use; and Other uses, buildings and structures accessory to a permitted use Phase 11 11A Multiple Family Dwelling Home Based Business; and Other uses, buildings and structures accessory to a permitted use Phase 12 Train Station Public Building Eating and Drinking establishment accessory to a permitted use; and Other uses, buildings and structures accessory to a permitted use District of Invermere Zoning Bylaw No. 1145 November. 2002 81 Schedule "B" Site Plan District of Invermere Zoning Bylaw No. 1145 November. 2002 82 Schedule "C" Unit Counts and Area Tabulations District of Invermere Zoning Bylaw No. 1145 November. 2002 83 Schedule "D" Density Tabulations District of Invermere Zoning Bylaw No. 1145 November. 2002 84 Schedule "E" Project Phasing District of Invermere Zoning Bylaw No. 1145 November. 2002 85 Schedule "F" 13th Street Sections and Plan District of Invermere Zoning Bylaw No. 1145 November. 2002 86 Schedule "G-1" Site Sections District of Invermere Zoning Bylaw No. 1145 November. 2002 87 Schedule "G-2" Site Sections District of Invermere Zoning Bylaw No. 1145 November. 2002 88 Schedule "G-3" Site Sections District of Invermere Zoning Bylaw No. 1145 November. 2002 89 Schedule "G-4" Site Sections District of Invermere Zoning Bylaw No. 1145 November. 2002 90 Schedule "G-5" Site Sections District of Invermere Zoning Bylaw No. 1145 November. 2002 91 Comprehensive Development Zone 2 (Cardel): CD-2 OCP Designation: Planned Residential 5.20(a) This zone is intended to accommodate and regulate the residential development of Parcel A, Block I, KD Plan 1052, DL 1092, based on a comprehensive plan. (1) Permitted and Accessory Uses: (a) Multi-family dwelling; (b) Row houses and town houses; (c) Apartment buildings; (d) Recreation facilities. (2) Regulations In the CD Zone - 2: Cardel, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the zone, as described in the attached schedules. (3) Maximum number of buildings (a) As per schedule "A" - Site Plan. (4) Density (a) Minimum Density is 33 units per hectare. (b) Where non-market and rental housing is dedicated to a municipally operated housing authority, society or cooperative or a Housing Agreement under the Local Government Act is entered into, the density shall be as follows: I. For each unit dedicated to non-market or rental housing under a municipally operated housing authority, society, cooperative or Housing Agreement, the density shall increase by one residential dwelling unit to a maximum density of 80 dwelling units per hectare. (5) Size, Shape, and Siting of Buildings and Structures (a) As per schedules "A" - Site Plan and "C-1" to "C-2" - Site Sections (b) Maximum height shall be 12.0 metres (39 feet). (6) Minimum lot sizes (a) As per schedule "D" - Site Plan, Column: Site Area (7) Recreation and Amenity Space No person shall site dwelling units in the CD-2 zone, which has less than 15.0 m2 of recreational or amenity space per dwelling unit. (8) Other Regulations (a) All persons carrying out a permitted use in the CD Zone-2 shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. Amending Bylaw No.1309, 2007 November 27, 2007 District of Invermere Zoning Bylaw No. 1145 November. 2002 92 (b) No person shall use or permit the use of any portion of a parcel in the CD-2 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) No person shall use of permit the use of any portion of a parcel in the CD-2 zone for the storage of vehicles, trailers, motorhomes or boats or other recreational vehicles. District of Invermere Zoning Bylaw No. 1145 November. 2002 93 Schedule "A" District of Invermere Zoning Bylaw No. 1145 November. 2002 94 Schedule "B" 2128 0 2121 2141 2110 2020 2111 1310 2121 2129 2133 221 0 1301 0 250 1901 2200 2001 2173 2206 1307 2165 2036 2135 1311 2169 2041 211 2161 0 201 1301 2001 2203 2030 2044 2177 1980 2101 1931 200 1911 2129 2157 0 2123 2001 2011 2021 231 2161 2153 1305 2151 2117 2111 2113 2181 2181 1300 2117 2138 0 0 1920 1311 1929 2171 1919 2131 2104 2124 2051 2130 2134 2125 2120 2201 1912 2109 2105 2031 2101 2031 2141 2220 1263 0 0 2144 0 0 PINETREE RD. 15TH AVE. PINERIDGE DR. RR-1 TO CD-2 RR-2 TO CD-2 District of Invermere Zoning Bylaw No. 1145 November. 2002 95 Schedule "C-1 District of Invermere Zoning Bylaw No. 1145 November. 2002 96 Schedule "C-2" District of Invermere Zoning Bylaw No. 1145 November. 2002 97 Resort Recreation Zone: Res-1 OCP Designation: Resort Recreation 5.21 (1) Permitted Uses (a) golf courses. (b) marinas. (c) equestrian centres. (d) athletic fields. (e) racquet courts. (f) Resort accommodation (g) swimming pools. (h) hiking and riding trails. (i) recreational vehicle parks. (j) Uses permitted under Section 3.3 of this Bylaw. (2) Accessory Uses (a) dwelling unit accessory to a permitted use; (b) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the RES-1 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Maximum number of dwelling units One Single Family Dwelling accessory to a permitted use And 30 resort accommodation units per ha of usable site area (b) Minimum parcel size, subject to sections 3.15 & 3.16 8.0 ha (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 7.5 m  Rear parcel line 7.5 m  interior side parcel line 7.5 m  exterior side parcel line 7.5 m Accessory buildings and structures from:  front parcel line 7.5 m  rear parcel line 7.5 m  interior side parcel line 7.5 m  exterior side parcel line 7.5 m (d) Maximum height for: Principal Building 12.0 m Accessory buildings and structures 4.5 m (e) Maximum parcel coverage for parcels 30% District of Invermere Zoning Bylaw No. 1145 November. 2002 98 (4) Recreational vehicle park regulations (a) The minimum site area for a recreational vehicle park shall be 1.0 ha. (b) Each recreational vehicle space shall be not less than 140 m² in area, clearly distinguishable from adjacent recreational vehicle spaces and accessible from the internal road system. Recreational vehicle spaces shall not be directly accessible from a highway. (c) All recreational vehicle spaces shall have access by an internal roadway system. (d) no buildings or structures of a permanent nature shall be constructed, erected or located on any campground space, except for non-habitable structures designed for use by successive occupants of the campground space of site including, but not limited to, picnic shelters and barbecue pits; (e) a campground or recreational vehicle park shall have immediately within its boundaries a buffer area of 7.5 m (24.6 ft) adjacent to highway rights-of-way and 3.0 m (9.8 ft) adjacent to other boundaries within which no campground space, residential accommodation, parking, refuse disposal areas, privies, service buildings or recreational areas, except for waterfront recreation, shall be permitted; (f) the only roadways permitted in the buffer area are those which cross it as close to right angles as practicable and connect directly with the roadway system contained within the remainder of the campground or recreational vehicle park; (g) a campground or recreational vehicle park shall have open space for playground, park, sports, games and similar recreational uses in the amount of not less than five percent (5%) of the area of the campground or recreational vehicle park. This area shall not include buffer areas, parking areas, accessory buildings, campground spaces, driveways or storage areas. (h) A chain link fence not exceeding 1.8 metres in height and a continuous hedge or row of trees shall be established along all boundaries of a recreational vehicle park adjacent to a street, other than areas used for access drives, lanes or walkways. (5) Other Regulations (a) All persons carrying out a permitted use in the RES-1 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the RES-1 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. District of Invermere Zoning Bylaw No. 1145 November. 2002 99 Resort Accommodation and Recreation Zone: RES-2 OCP Designation: Resort and Tourist Recreation 5.22 (1) Permitted Uses (a) Hotels, motels and lodges including time-share condominiums; (b) Eating and Drinking Establishments; (c) Outdoor recreation facilities; (d) Indoor recreation facilities; (e) Marinas; (f) Arts and cultural facilities; (g) Recreational vehicle park; (h) Theatres and cinemas; (i) Amusement park including waterslides; (j) Uses permitted under Section 3.3 of this Bylaw. (2) Accessory Uses (a) Retail stores accessory to a permitted use; (b) Other uses, buildings and structures accessory to above permitted uses. (3) Regulations In the RES-2 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Maximum number of dwelling units 30 Resort Accommodation units per hectare (b) Minimum parcel size, subject to sections 3.15 & 3.16 2000 m2 (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m (d) Maximum height for: Principal Building 15.0 m Accessory buildings and structures 4.5 m (e) Maximum parcel coverage for parcels 50% (4) Recreational vehicle park regulations District of Invermere Zoning Bylaw No. 1145 November. 2002 100 (a) The minimum site area for a recreational vehicle park shall be 1.0 ha. (b) Each recreational vehicle space shall be not less than 140 m² in area, clearly distinguishable from adjacent recreational vehicle spaces and accessible from the internal road system. Recreational vehicle spaces shall not be directly accessible from a highway. (c) All recreational vehicle spaces shall have access by an internal roadway system. (d) no buildings or structures of a permanent nature shall be constructed, erected or located on any campground space, except for non-habitable structures designed for use by successive occupants of the campground space of site including, but not limited to, picnic shelters and barbecue pits; (f) a campground or recreational vehicle park shall have immediately within its boundaries a buffer area of 7.5 m (24.6 ft) adjacent to highway rights-of-way and 3.0 m (9.8 ft) adjacent to other boundaries within which no campground space, residential accommodation, parking, refuse disposal areas, privies, service buildings or recreational areas, except for waterfront recreation, shall be permitted; (g) the only roadways permitted in the buffer area are those which cross it as close to right angles as practicable and connect directly with the roadway system contained within the remainder of the campground or recreational vehicle park; (h) a campground or recreational vehicle park shall have open space for playground, park, sports, games and similar recreational uses in the amount of not less than five percent (5%) of the area of the campground or recreational vehicle park. This area shall not include buffer areas, parking areas, accessory buildings, campground spaces, driveways or storage areas. (i) A chain link fence not exceeding 1.8 metres in height and a continuous hedge or row of trees shall be established along all boundaries of a recreational vehicle park adjacent to a street, other than areas used for access drives, lanes or walkways. (5) Other Regulations (a) All persons carrying out a use permitted in the RES-2 zone shall comply with the relevant provisions of Parts 4, 5 and 6 of this Bylaw. (b) All persons carrying out a use permitted in the RES-2 zone shall comply with the relevant provisions of Section 4.12 of this Bylaw with respect to screening of outdoor storage. (c) No person shall use or permit the use of any portion of a parcel in the RES-2 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (d) No person shall establish a rifle, archery, trap and skeet range in the RES-2 zone less than 50 m (164 ft) from a parcel line, and not less than 100 m (381.1 ft) from an existing dwelling not on the same parcel. District of Invermere Zoning Bylaw No. 1145 November. 2002 101 Resort Accommodation and Recreation Zone: RES-2A OCP Designation: Resort and Tourist Recreation 5.22(a) (1) Permitted Uses (a) Hotels, motels and lodges including time-share condominiums; (b) Multi-family residential; (c) Eating and Drinking Establishments; (d) Outdoor recreation facilities; (e) Indoor recreation facilities; (f) Uses permitted under Section 3.3 of this Bylaw. (2) Accessory Uses (a) Retail stores accessory to a permitted use; (b) Other uses, buildings and structures accessory to above permitted uses. (3) Regulations In the RES-2a zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Maximum number of dwelling units 125 units per hectare (b) Minimum parcel size, subject to sections 3.15 & 3.16 2000 m2 (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 4.5 m  Rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m (d) Maximum height for: Principal Building 15.0 m Accessory buildings and structures 4.5 m (e) Maximum parcel coverage for parcels 50% (4) Other Regulations (a) All persons carrying out a use permitted in the RES-2a zone shall comply with the relevant provisions of Parts 4, 5 and 6 of this Bylaw. Amending Bylaw No. 1213, 2004 September 14, 2004 District of Invermere Zoning Bylaw No. 1145 November. 2002 102 (b) All persons carrying out a use permitted in the RES-2a zone shall comply with the relevant provisions of Section 4.12 of this Bylaw with respect to screening of outdoor storage. (c) No person shall use or permit the use of any portion of a parcel in the RES-2a zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. District of Invermere Zoning Bylaw No. 1145 November. 2002 103 Hotel Resort Zone: Res-3 OCP Designation: Hotel Resort 5.23 (1) Permitted Uses (a) hotels and motels; (b) multi-family residential; (c) indoor recreation facilities, including but not limited to racquet courts, fitness clubs, health spas or similar establishments; (d) licensed lounges, bars, night clubs, cabarets; (e) restaurants, cafes, bistros and confectioneries for the sale and consumption of food; (f) gift shops, antique stores, arts and crafts shops, sports shops including recreational equipment rental; (g) studios for art, music, theatre and dancing; (h) theatres and cinemas; (i) marinas including launching ramps, moorage, and boat rentals, but excluding marine service and repair; (j) tourist information booths; (k) outdoor recreation facilities, including but not limited to golf courses including mini-golf, tennis courts, swimming pools, parks, picnic sites, playgrounds; (l) theme park attractions including water slides; (m) recreational vehicle parks, (n) conference centres, and (o) buildings and structures accessory to the permitted use. (2) No use, building or structure referred to in section 5.20 (1)(b) to (o) shall be permitted unless one of the uses referred to in section 5.20 (1)(a) is in existence on the same site, and for the purposes of this provision a hotel or motel use is in existence if a building or structure to accommodate that use is under construction on the same site and construction is proceeding without interruption except that which may be caused by ordinary seasonal delays and in accordance with any construction schedule that may be set out in a covenant registered under section 219 of the Land Title Act. (3) Notwithstanding subsection (1), only those uses set out in Schedule "F" of this Bylaw, shall be permitted on Lots 1 and 2, District Lot 267, Kootenay District, Plan NEP18891 and a portion of Mulock Street, and those uses shall only be permitted in the area indicated on Schedule "F" in respect of which they are set out. Where the location of a boundary of an area does not follow a legally defined line and the distances are not specifically indicated, the location of the boundary shall be determined by scaling from Schedule "F". [Bylaw No. 999, 1998] (4) Density (a) The maximum overall density permitted for all the combined residential and hotel or motel uses shall not exceed 50 dwelling units per gross hectare of site area, with four (4) hotel or motel units being equal to one dwelling unit for the purposes of density calculations. (b) The maximum permitted gross floor area ratio is 1.5. District of Invermere Zoning Bylaw No. 1145 November. 2002 104 (c) In addition to the limits set out in subsections (1) and (2), the following maximum densities shall apply to Lots 1 and 2, District Lot 267, Kootenay District, Plan NEP18891: multi-family residential 106 units; hotel timeshare units 64 units; hotel suites 200 units; and commercial 3550 m² (5) Site Coverage Buildings and structures shall not cover more than 45% of the site area. (6) Site Area The minimum site area is 4000 m². For the purposes of this provision, site area shall mean a parcel, a portion of a parcel or a group of contiguous parcels or rights of way, under common ownership occupied or intended to be occupied by a use, buildings or structures within one zone including land that would be contiguous to the parcel if not for a public roadway, river or stream. (7) Yards The following setbacks shall apply to the external boundaries of the site being developed: (a) the minimum front yard shall be 4.5 metres. (b) the minimum interior side yard shall be 1.5 metres. (c) the minimum exterior side yard shall be 4.5 metres. (d) the minimum rear yard shall be 4.5 metres. (8) Off-Street Parking (a) Structured off-street parking (parkade) for any development in a Hotel Resort Zone shall be provided in accordance with the following schedule: STALL WIDTH PARKING ANGLE AISLE WIDTH STALL DEPTH PERPENDICULAR TO AISLE STALL WIDTH PERPENDICULAR TO AISLE Metres Degrees Metres Metres Metres 2.60 90 7.20 5.40 2.60 2.60 75 6.12 5.64 2.69 2.60 60 4.82 5.49 3.00 2.60 45 4.00 5.00 3.68 (b) Except as provided in subsection (1), off-street parking spaces and loading spaces shall be provided in accordance with section 3.13.0 of this Bylaw. (9) Height Restriction (a) No building or structure shall exceed the following heights: hotel or motels 45 metres town houses 3 storeys or 9.5 metres - whichever is less apartments 20 metres outdoor water slides 30 metres; and all other uses 3 storeys or 12 metres - whichever is less District of Invermere Zoning Bylaw No. 1145 November. 2002 105 (b) Notwithstanding subsection (1), only those heights set out in Schedule "G" of this Bylaw shall be permitted in the areas of Lots 1 and 2, District Lot 267, Kootenay District, Plan NEP18891 and a portion of Mulock Street, in respect of which they are set out on Schedule "G". For the purposes of this subsection height shall be defined as the maximum vertical elevation of the building envelope within which a building or structure may be constructed. the vertical elevation shall be defined in metres above sea level (ASL). section 3.8.0 shall apply (10) Fence Height Restriction (a) No fence shall exceed 1.8 m in height. District of Invermere Zoning Bylaw No. 1145 November. 2002 106 Light Industrial Zone: M-1 OCP Designation: Light Industrial 5.24 (1) Permitted Uses (a) Veterinary clinic; (b) Kennel; (c) Auction service; (d) Truck transport industry; (e) Motor vehicle repair shop; (f) Refrigerated warehousing industry; (g) Storage and warehousing industry including the storage of recreational vehicles and boats; (h) The following manufacturing industries: (i) food industry, (ii) soft drink industry, (iii) ornamental and arts and crafts product, (iv) publishing and printing industry, (v) sign and display industry, (vi) clothing; (i) The following construction industries: (i) building, developing and general contracting industry, (ii) trade contracting industry; (j) Power laundry or dry cleaning plant; (k) Sale, rental and repair of: (i) appliances, (ii) light equipment; (l) Machine shop; (m) Bottle collection and recycling depot; (n) Building supply and lawn and garden shop; (o) Crematorium; (p) Taxidermy service; (q) Public building; (r) The following forestry related operations: (i) forestry field office; (ii) woodlands division office; (iii) forestry consulting office; (s) Bulk fuel distributors, including commercial cardlock operations; (t) Uses permitted under Section 3.3 of this Bylaw; (u) Fitness Center. (2) Accessory Uses (a) Retail sale of products accessory to a permitted use; (b) Gasoline sales accessory to motor vehicle repair shop; (c) Food service accessory to a permitted use; (d) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the M-1 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. Amended Bylaw No. 1471, 2013 June 25, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 107 COLUMN 1 COLUMN 2 (a) Maximum number of principal buildings One (b) Minimum parcel size, subject to sections 3.15 & 3.16 1100 m2 (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 6.0 m  Rear parcel line 4.5 m  interior side parcel line 3.0 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 3.0 m  exterior side parcel line 4.5 m (d) Maximum height for: Principal Building 12.0 m Accessory buildings and structures 4.5 m (4) Other Regulations (a) All persons carrying out a permitted use in the M-1 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the M-1 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) All persons carrying out a use permitted in the M-1 zone shall comply with the relevant provisions of Section 4.12 of this Bylaw with respect to screening of outdoor storage. District of Invermere Zoning Bylaw No. 1145 November. 2002 108 Heavy Industrial Zone: M-2 OCP Designation: Heavy Industrial 5.25 (1) Permitted Uses (a) Uses permitted in the Light Industrial Zone (M-1), Section 5.21(1) (b) Wood industry; (c) Primary metal industry; (d) Fabricated metal products industry; (e) Mineral and chemical production and mineral and chemical product industry; (f) Storage of waste petroleum products; (g) Mineral and hydrocarbon extraction; (h) Sale, service, and repair of heavy equipment; (i) Concrete or asphalt plant; (j) Sanitary landfill site; (k) Welding shop; (l) Horticulture; (m) Harvesting, transport and storage of forest resources; silviculture practices and Christmas tree management; (n) Uses permitted under Section 3.3 of this Bylaw. (2) Accessory Uses (a) Retail sale of products manufactured on the site; (b) Food service accessory to a permitted use; (c) Other uses, buildings and structures accessory to a permitted use. (3) Regulations In the M-2 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Maximum number of principal buildings One (b) Minimum parcel size, subject to sections 3.15 & 3.16 4000 m2 (c) Minimum setbacks: Principal buildings and structures from:  Front parcel line 6.0 m  Rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m Accessory buildings and structures from:  front parcel line 4.5 m  rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m (d) Maximum height for: District of Invermere Zoning Bylaw No. 1145 November. 2002 109 Principal Building 12.0 m Accessory buildings and structures 4.5 m (4) Other Regulations (a) All persons carrying out a permitted use in the M-2 zone shall comply with the relevant provisions of Sections 3 and 4 of this Bylaw. (b) No person shall use or permit the use of any portion of a parcel in the M-2 zone for the wrecking and repair of vehicles or for the storage of derelict vehicles except for the storage of not more than one derelict vehicle in other than the front yard. (c) All persons carrying out a use permitted in the M-1 zone shall comply with the relevant provisions of Section 3.12 of this Bylaw with respect to screening of outdoor storage. District of Invermere Zoning Bylaw No. 1145 November. 2002 110 Public Institutional Zone: P-1 OCP Designation: Public Institutional 5.26 (1) Permitted Uses Within the P-1 zone the following uses only are permitted: (a) Public school, college, and university; (b) Church including counselling services and facilities; (c) Group home; (d) Group day care; (e) Community hall, club, and lodge; (f) Rest home; (g) Senior citizens centre; (h) Hospitals and diagnostic centre; (i) Library; (j) Public building; (k) Cemetery; (l) Uses permitted under Section 3.3 of this Bylaw. (2) Accessory Uses (a) Dwelling unit accessory to a permitted use subject to subsection (3) and (6)(b); (b) Other uses, buildings and structure accessory to a permitted use. (3) Regulations In the P-1 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of accessory dwellings one (b) Minimum setbacks: All buildings and structures from:  front parcel line 7.5 m  rear parcel line 4.5 m  interior side parcel line 4.5 m  exterior side parcel line 4.5 m (c) Maximum height for all buildings and structures 12.0 m (d) Maximum parcel coverage 40% (4) Other Regulations (a) Where an accessory dwelling is a manufactured home, it must be located on a non-permanent foundation. (b) Where an accessory dwelling is not a manufactured home, the accessory dwelling must: District of Invermere Zoning Bylaw No. 1145 November. 2002 111 (i) be designed and constructed as an integral part of the principal building; (ii) be self-contained; (iii) have an entrance provided from outside the building, separate from that of the principal use; (iv) be located above the first storey of the building or behind the principal use in the building. District of Invermere Zoning Bylaw No. 1145 November. 2002 112 PARKS AND OPEN SPACE ZONE: P-2 OCP Designation: Recreational and Environmental Lands 5.27 (1) Permitted uses Within the P-2 zone, the following uses and no others are permitted: (a) Park, campground and park reserve; (b) Sports field and athletic facility; (c) Conservation area, recreation reserve, ecological reserve, wildlife sanctuary; (d) Park office, maintenance facility and works yard; (e) Heritage and archaeological display site; (f) Museum; (g) Fairground and exhibition ground; (h) Public boat launch; (i) Agricultural, silvicultural, horticultural, wildlife research centre, including fish hatchery; (j) Agriculture; (k) Public building. (2) Accessory uses (a) Dwelling unit accessory to a permitted use; (b) Eating and drinking establishment accessory to a permitted use; (c) Uses, buildings and structures accessory to a permitted use. (3) Regulations In the P-2 zone, no building or structure may be constructed or placed and no plan of subdivision approved which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulations. COLUMN 1 COLUMN 2 (a) Number of accessory dwellings One (b) Minimum setbacks: All buildings and structures from:  Front parcel line 7.5 m  Rear parcel line 6.0 m  interior side parcel line 6.0 m  exterior side parcel line 6.0 m (c) Maximum height for all buildings and structures 10.0 m (4) Other Regulations (a) Where an accessory dwelling is a manufactured home, it must be located on a non-permanent foundation. (b) Where an accessory dwelling is not a manufactured home, the accessory dwelling must: District of Invermere Zoning Bylaw No. 1145 November. 2002 113 (i) be designed and constructed as an integral part of the principal building; (ii) be self-contained; (iii) have an entrance provided from outside the building, separate from that of the principal use; (iv) be located above the first storey of the building or behind the principal use in the building. District of Invermere Zoning Bylaw No. 1145 November. 2002 114 Water Zone (Residential): W-1 OCP Designation: Water Zone 5.28 (1) Permitted Uses Within the W-1 zone, the following uses are permitted accessory to a permitted use on the adjoining upland parcel and no others are permitted: (a) Dock; (b) Swimming platform; (c) Mooring buoy, subject to (4)(a); (d) Launch ramp; (e) Moorage, including overnight moorage; (f) Uses permitted under Section 3.3 (k), (l), (m), and (n). (2) Accessory Uses (a) Boat lift. (3) Regulations In the W-1 zone, no structure may be constructed or placed which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulation. Column 1 Column 2 (a) Density (maximum number of structures) (i) Dock (ii) Swimming platform (iii) Mooring buoy 1 per adjoining parcel, subject to (4)(c) 1 per adjoining parcel, subject to (4)(c) 1 per adjoining parcel (b) Maximum size (i) Dock surface area (including walkway) (ii) Dock width (iii) Swimming platform 20 m2 1.5 m (walkway portion) 3.0 m (dock surface) 16 m2 (c) Minimum distance for dock(s) from adjoining property line extension measured perpendicular to the shoreline 5 m or 6 m if adjoining a highway or W-3 zone (d) Minimum distance from dock(s), boathouses, swimming platforms, or other structures fully or partially within the water (i) Docks 10 m Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 115 (4) Other Regulations (a) All mooring buoys must be placed in accordance with the Private Buoy Regulation under the Canada Shipping Act and are subject to review and approval under the Navigable Waters Protection Act. (b) The placement and use of docks, launch ramps, and swimming platforms are subject to review and approval under the Navigable Waters Protection Act. (c) The placement and use of docks, launch ramps and swimming platforms must be in accordance with a licence of occupation or lease issued by the province under the Land Act or the applicable Crown Land Use Operational Policy. District of Invermere Zoning Bylaw No. 1145 November. 2002 116 Water Zone (Group Moorage): W-2 OCP Designation: Water Zone 5.29 (1) Permitted Uses Within the W-2 zone, the following uses and no others are permitted: (a) Group moorage facility; (b) Swimming platform; (c) Launch ramp; (d) Groyne, breakwater; (e) Moorage, including overnight moorage; (f) Uses permitted under Section 3.3 (k), (l), (m), and (n). (2) Accessory Uses (a) Boat lift. (3) Regulations In the W-2 zone, no structure may be constructed or placed which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulation. Column 1 Column 2 (a) Minimum distance from dock(s), boathouses, swimming platforms, or other structures fully or partially within the water: (i) Dock 10 m (4) Other Regulations (a) The placement and use of docks, launch ramps, and swimming platforms are subject to review and approval under the Navigable Waters Protection Act. (b) The placement and use of docks, launch ramps and swimming platforms must be in accordance with a licence of occupation or lease issued by the province under the Land Act or the applicable Crown Land Use Operational Policy. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 117 Water Zone (Institutional): W-3 OCP Designation: Water Zone 5.30 (1) Permitted Uses Within the W-3 zone, the following uses and no others are permitted: (a) Dock; (b) Swimming platform; (c) Launch ramp; (d) Moorage, subject to Section (3)(c); (e) Uses permitted under Section 3.3 (k), (l), (m), and (n). (2) Regulations In the W-3 zone, no structure may be constructed or placed which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulation. Column 1 Column 2 (a) Maximum Size of a swimming platform 20 m2 (b) Minimum distance for docks from the zone boundary 5 m 6 m if adjoining a highway or W-3 zone (c) Minimum distance from adjacent docks (i) Dock 10 m (3) Other Regulations (a) The placement and use of docks, launch ramps, and swimming platforms are subject to review and approval under the Navigable Waters Protection Act. (b) The placement and use of docks, launch ramps and swimming platforms must be in accordance with a licence of occupation or lease issued by the province under the Land Act. (c) Overnight moorage is not permitted. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 118 Water Zone (Commercial): W-4 OCP Designation: Water Zone 5.31 (1) Permitted Uses Within the W-4 zone, the following uses are permitted accessory to a permitted use on the adjoining parcel and no others are permitted: (a) Marina; (b) Moorage, including overnight moorage; (c) Uses permitted under Section 3.3 (k), (l), (m), and (n). (2) Accessory Uses (a) Boat lift. (3) Regulations In the W-4 zone, no structure may be constructed or placed which contravenes the regulations contained in the table below. Column 1 identifies the matter to be regulated. Column 2 establishes the regulation. Column 1 Column 2 (a) Minimum distance from dock(s), boathouses, swimming platforms, or other structures fully or partially within the water: (i) Dock 10 m (4) Other Regulations (a) The placement and use of docks, launch ramps, and swimming platforms are subject to review and approval under the Navigable Waters Protection Act. (b) The placement and use of docks, launch ramps and swimming platforms must be in accordance with a licence of occupation or lease issued by the province under the Land Act or the applicable Crown Land Use Operational Policy. Amending Bylaw No. 1460, 2012 February 12 th, 2013 District of Invermere Zoning Bylaw No. 1145 November. 2002 119 SECTION 6 REPEAL AND ADOPTION 6.1 Effective Date This Bylaw shall come into force and take affect upon the final reading and adoption thereof. 6.2 Repeal of Previous Bylaws "The Village of Invermere Zoning Bylaw No. 372, 1982 and all amendments thereto is hereby repealed. Read a First Time on the 22nd day of October, 2002 Read a Second Time of the 22nd day of October, 2002 Read a Third Time on the 26th day of November, 2002 ADOPTED on this 26th day of November, 2002 _______________________________ _______________________________ MAYOR Chief Administrative Officer Certified a true copy of Bylaw No. _________ this _____ day of ______________,200__. ______________________________ Clerk