Zoning Bylaw No. 1219, 2001 (consolidated June 20, 2024) - s.7.13 Short-term Rentals

Kent, British Columbia · No. 1219 · adopted 2002-02-28 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 288847fb1630 · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1 | Consolidated: June 20,2024 Zoning Bylaw No. 1219, 2001 February 2002 EFFECTIVE DATE: FEBRUARY 28, 2002 CONSOLIDATED FOR CONVENIENCE ONLY (June 20, 2024) This is a consolidation of the bylaws listed below. The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for interpretation and application of the bylaws on this subject. 2 | Consolidated: June 20,2024 AMENDMENT BYLAW EFFECTIVE DATE 1226 (Map 10 Amendment) March 18, 2002 1228 (Map 10 Amendment) June 24, 2002 1234 (Map 10 Amendment) July 22, 2002 1236 (Map 10 Amendment) November 10, 2003 1237 (Map Key Amendment) October 15, 2002 1240 (Text Amendment) February 10, 2003 1249 (Text Amendment) April 14, 2003 1253 (Text Amendment) May 01, 2003 1260 (Map 10 & Text Amendment) June 23, 2003 1264 (Text Amendment) September 29, 2003 1267 (Map 10 Amendment) October 27, 2003 1269 (Text Amendment) February 23, 2004 1270 (Map 11 Amendment) February 23, 2004 1271 (Map 10 Amendment) January 12, 2004 1283 (Text Amendment) April 19, 2004 1284 (Text Amendment) June 14, 2004 1287 (Text Amendment) July 26, 2004 1298 (Map 10 Amendment) June 28, 2004 1299 (Map 10 Amendment) July 12, 2004 1301 (Map 10 Amendment) September 13, 2004 1308 (Map & Text Amendment) May 24, 2005 1317 (Map 10 Amendment) May 24, 2005 1328 (Text Amendment) October 24, 2005 1329 (Map 10 Amendment) August 08, 2005 1336 (Text Amendment) June 26, 2006 1343 (Map 10 Amendment) October 10, 2007 1345 (Text Amendment) October 30, 2006 1346 (Map 10 Amendment) October 30, 2006 1348 (Map 10 & Text Amendment) February 12, 2007 1351 (Map 10 Amendment) April 10, 2007 1355 (Map 10 Amendment) February 12, 2007 1356 (Text Amendment) April 23, 2007 1364 (Map 10 Amendment) August 27, 2007 1368 (Map 19 & Text Amendment) May 10, 2010 1370 (Text Amendment) December 17, 2007 1371 (Map 10 Amendment) October 22, 2007 1372 (Map 11 Amendment) October 01, 2007 1377 (Map 7 Amendment) October 01, 2007 1378 (Map 7 Amendment) October 01, 2007 1395 (Text Amendment) May 26, 2008 1399 (Map 10 Amendment) May 26, 2008 1408 (Map 7 Amendment) June 9, 2008 1409 (Map 7 Amendment) June 23, 2008 1410 (Text Amendment) July 14, 2008 1428 (Map 31 Amendment) October 27, 2008 1432 (Map 26 & Text Amendment) August 24, 2009 1435 (Map 10 Amendment) April 27, 2009 1438 (Map 10 & Text Amendment) November 9, 2009 1439 (Text Amendment) July 13, 2009 1440 (Text Amendment) July 13, 2009 1442 (Text Amendment) December 14, 2009 1447 (Text Amendment) November 9, 2009 1453 (Text Amendment) April 12, 2010 1457 (Map 10 Amendment) June 21, 2010 1460 (Map 10 Amendment) September 12, 2011 3 | Consolidated: June 20,2024 1461 (Text Amendment) June 14, 2011 1462 (Map 15 & Text Amendment) January 24, 2011 1464 (Text Amendment) September 7, 2010 1466 (Text Amendment) November 8, 2010 1468 (Text Amendment) February 28, 2011 1474 (Text Amendment) August 15, 2011 1475 (Map 14 Amendment) April 10, 2012 1477 (Text Amendment) May 28, 2012 1480 (Map 10 Amendment May 28, 2012 1483 (Map 10 Amendment) June 25, 2012 1484 (Text Amendment) May 27, 2013 1488 (Map 10 Amendment) March 11, 2013 1489 (Text Amendment) September 9, 2013 1501 (Text Amendment) October 15, 2013 1504 (Text Amendment) May 26, 2014 1509 (Text Amendment) July 21, 2014 1510 (Text Amendment) September 8, 2014 1513 (Text Amendment) October 14, 2014 1516 (Text Amendment) November 10, 2014 1517 (Map 10 & Text Amendment) January 12, 2015 1518 (Text Amendment) August 17, 2015 1522 (Map 15 Amendment) July 20, 2015 1523 (Map 10 Amendment) July 20, 2015 1524 (Text Amendment) October 13, 2015 1525 (Text Amendment) October 13, 2015 1538 (Map 10 & Text Amendment) March 7, 2016 1539 (Text Amendment) March 7, 2016 1540 (Map 10 Amendment) March 7, 2016 1541 (Text Amendment) March 14, 2016 1543 (Map 10 Amendment) April 25, 2016 1546 (Map 10 Amendment) April 25, 2016 1548 (Map 10 Amendment) May 25, 2016 1549 (Text Amendment) June 13, 2016 1550 (Text Amendment) July 18, 2016 1551 (Map 11 Amendment) July 18, 2016 1552 (Map 10 and Text Amendment) February 26, 2018 1553 (Text Amendment) November 28, 2016 1555 (Map 10 Amendment) August 15, 2016 1556 (Map 10 Amendment) August 15, 2016 1558 (Map 10 Amendment) September 12, 2016 1573 (Map 14 Amendment) July 12, 2017 1575 (Text Amendment) June 26, 2017 1576 (Text Amendment) November 27, 2017 1578 (Text Amendment) August 21, 2017 1579 (Map 10 Amendment) January 22, 2018 1580 (Map 10 Amendment) June 11, 2018 1586 (Map 25 and Text Amendment) October 11, 2017 1589 (Map 15 Amendment) November 15, 2017 1596 (Text Amendment) April 9, 2018 1597 (Text Amendment) June 11, 2018 1600 (Map 31 Amendment) June 11, 2018 1601 (Text Amendment) November 25, 2019 1602 (Text Amendment) August 20, 2018 1603 (Map 7 and Text Amendment) November 14, 2018 1607 (Text Amendment) September 18, 2018 1612 (Map 10 Amendment) March 25, 2019 4 | Consolidated: June 20,2024 The bylaw numbers highlighted in this consolidation refer to the bylaws that amended the principal Bylaw No. 1219, 2001. The number of any amending bylaw that has been repealed is not referred to in this consolidation. 1614 (Text Amendment) March 25, 2019 1619 (Text Amendment) January 13, 2020 1622 (Text Amendment) November 13, 2019 1623 (Map 10 Amendment) September 16, 2019 1624 (Map 10 Amendment) September 14, 2020 1625 (Text Amendment) July 22, 2019 1627 (Map 10 and Text Amendment) 1627 (Map 10 and Text Amendment) 1632 (Text Amendment) July 20, 2020 1634 (Map 9 Amendment) June 8, 2020 1636 (Text Amendment) February 24, 2020 1638 (Text Amendment) May 11, 2020 1639 (Text Amendment) April 27, 2020 1641 (Map 10 Amendment) May 25, 2020 1642 (Map 10 Amendment) August 17, 2020 1645 (Map 10 Amendment) June 29, 2020 1646 (Map 10 Amendment) July 20, 2020 1649 (Map 9 Amendment) August 17, 2020 1650 (Map 9 Amendment) December 14, 2020 1653 (Map 14 and Text Amendment) October 14, 2020 1655 (Text Amendment) October 14, 2020 1660 (Map 22 and 26 Amendment) January 11, 2021 1661 (Map 10 Amendment) January 11, 2021 1662 (Map 10 Amendment) March 8, 2021 1665 (Map 10 Amendment) March 8, 2021 1666 (Map 10 Amendment) March 22, 2021 1668 (Map 11 Amendment) March 22, 2021 1669 (Map 10 and Text Amendment) April 26, 2021 1677 (Text Amendment) August 16, 2021 1678 (Map 10 Amendment) July 19, 2021 1680 (Text Amendment) November 22, 2021 1681 (Map 15 and Text Amendment) September 8, 2021 1683 (Text Amendment) December 13, 2021 1687 (Text Amendment) January 10, 2021 1688 (Text Amendment) November 8, 2021 1689 (Map 10 Amendment) February 28, 2022 1690 (Text Amendment) January 10, 2021 1692 (Map 10 Amendment) November 14, 2022 1693 Map 7 Amendment) May 25, 2022 1697 (Text Amendment) May 9, 2022 1698 (Text Amendment) July 18, 2022 1701 (Map 7 and Text Amendment) August 15, 2022 1704 (Map 8 and Text Amendment) October 12, 2022 1705 (Text Amendment) December 12, 2022 1706 (Map 10 Amendment) January 9, 2023 1708 (Map 10 and Text Amendment) February 13, 2023 1709 (Map 10 Amendment) April 12, 2023 1711 (Map 10 Amendment) March 27, 2023 1715 (Text Amendment) June 26, 2023 1725 (Map 8 and Text Amendment) January 8, 2024 1726 (Text Amendment) December 11, 2023 1730 (Map 14 and Text Amendment) April 22, 2024 1737 (Text Amendment) June 10, 2024 5 | Consolidated: June 20,2024 THE CORPORATION OF THE DISTRICT OF KENT BYLAW NO. 1219 "A bylaw to regulate the location and use of buildings and structures and the use of land, including the surface of water, within the boundaries of the Corporation of the District of Kent." WHEREAS the Council of the Corporation of the District of Kent deems it necessary to divide the whole or part of the municipality into zones, name each zone, and establish the boundaries of the zones in order to regulate land use under Division 7 of the Local Government Act; NOW THEREFORE, the Council of the Corporation of the District of Kent adopts Zoning Bylaw 1219, 2001 as outlined on the Table of Contents attached to and including all provisions, areas, zones, regulations, maps and schedules forming part of this bylaw. Repeal The Bylaw cited as the "District of Kent Zoning Bylaw 780, 1980" as amended is hereby repealed. READ A FIRST TIME the 22nd day of October 2001. READ A SECOND TIME the 22nd day of October 2001. A PUBLIC HEARING was held November 7, 2001. RESCINDED SECOND READING on the 28th day of January 2002. READ A SECOND TIME AS AMENDED on the 28th day of January 2002. A PUBLIC HEARING was held February 25th, 2002. READ A THIRD TIME AS AMENDED this 25th day of February 2002. RECONSIDERED, FINALLY PASSED AND ADOPTED the 28th day of February 2002. (Original signed)___________________________ Mayor ___________________________ CAO 6 | Consolidated: June 20,2024 Table of Contents Part 1 - Short Title .................................................................................................... 10 Part 2 - Purpose ........................................................................................................ 11 Part 3 - Definitions .................................................................................................... 12 Part 4 - Basic Provisions ......................................................................................... 29 4.1 Application .............................................................................................. 29 4.2 Measurements in Metric Units ................................................................ 29 4.3 Severability ............................................................................................. 29 Part 5 - Temporary Use Permits .............................................................................. 30 Part 6 - Establishment of Zones .............................................................................. 31 6.1 Zones ..................................................................................................... 31 6.2 Zoning Map ............................................................................................ 32 Part 7 - General Regulations.................................................................................... 33 7.1 Principal Buildings Per Lot ...................................................................... 33 7.2 Permitted Uses of Land, Buildings and Structures .................................. 33 7.3 Prohibited Uses of Land, Buildings and Structures ................................. 33 7.4 Siting Exceptions .................................................................................... 34 7.5 Minimum Lot Sizes ................................................................................. 35 7.6 Dwelling Units ......................................................................................... 36 7.7 Accessory Buildings and Structures ........................................................ 36 7.8 Temporary Buildings ............................................................................... 37 7.9 Building Height ....................................................................................... 38 7.10 Fences ................................................................................................... 38 7.11 Vision Clearance at Intersections............................................................ 39 7.12 Home Occupations ................................................................................. 39 7.13 Short-term Rentals ................................................................................. 49 7.14 Farm Home Plate ................................................................................... 50 7.15 Licensed Kennels ................................................................................... 52 7.16 Bicycle Parking ....................................................................................... 53 7.17 Off-Street Parking ................................................................................... 53 7.18 Off-Street Loading .................................................................................. 62 7.19 Flood Control Provisions ......................................................................... 64 7.20 Use of Water Surfaces ............................................................................ 64 7.21 Tank Vehicle Storage Use ...................................................................... 64 7.22 Shipping Containers ............................................................................... 64 7.23 Cannabis Production in the Agricultural Land Reserve ........................... 66 7.24 Agri-tourism Accommodation Use ........................................................... 67 7 | Consolidated: June 20,2024 Part 8 - Administration and Enforcement ............................................................... 73 8.1 Administration ......................................................................................... 73 8.2 Permits and Licenses ............................................................................. 73 8.3 Utilities Required Before Commencement .............................................. 73 8.4 Inspection ............................................................................................... 73 8.5 Enforcement ........................................................................................... 73 8.6 Penalties ................................................................................................. 74 Part 9 - Zones ............................................................................................................ 75 9.1.1 Agricultural Zone (A) ............................................................................... 75 9.1.2 Small Lot Agricultural Zone (A1) ............................................................. 83 9.1.3 Agri-Industrial Zone (A2) ......................................................................... 87 9.2.1 Rural Residential 1 Zone (RR1) .............................................................. 89 9.2.2 Rural Residential 2 Zone (RR2) .............................................................. 92 9.2.3 Rural Residential 3 Zone (RR3) .............................................................. 95 9.3.1 Lake Area Residential Zone (RL) ............................................................ 98 9.4.1 Small-Scale Multi-Unit Housing Zone (RS1) ......................................... 101 9.5.1 Multiple Dwelling Residential 1 Zone (RM1) ......................................... 106 9.5.2 Multiple Dwelling Residential 2 Zone (RM2) ......................................... 108 9.6.1 Mobile Home Park Zone (RH) ............................................................... 111 9.7.1 Town Centre Commercial Zone (CT1) .................................................. 112 9.7.2 Town Centre Commercial and Residential Zone (CT2) ......................... 114 9.7.3 Service Commercial Zone (CS1) .......................................................... 118 9.7.4 Service Station Commercial Zone (CS2) .............................................. 120 9.7.5 Tourist Recreation Commercial Zone (CS3) ......................................... 122 9.7.6 Marine Commercial Zone (CM) ............................................................. 124 9.7.7 Highway Commercial Zone (CH) .......................................................... 126 9.7.8 Tourist Accommodation Commercial Zone (CS4) ................................. 128 9.7.9 Lakeside Tourist Accommodation Commercial Zone (CS5) .................. 130 9.8.1 Light Industrial Zone (M1) ..................................................................... 133 9.8.2 Heavy Industrial Zone (M2)................................................................... 136 9.8.3 Special Industrial Zone (M3) ................................................................. 139 9.8.4 Enclosed Storage Industrial Zone (M4) ................................................. 141 9.9.1 Resource Management Zone (MR) / Resource Management Industrial Zone (MR1) .......................................................................................... 143 9.10.1 Institutional Zone (P1) ........................................................................... 145 9.10.2 Park, Recreation and Open Space Zone (P2) ....................................... 147 9.10.3 Institutional Assembly Zone (P3) .......................................................... 149 9.11.1 Comprehensive Development Zone (CD1) ........................................... 152 9.11.2 Comprehensive Development 2 Zone (CD2) ........................................ 154 8 | Consolidated: June 20,2024 9.11.3 Comprehensive Development 3 Zone (CD3) ........................................ 163 9.11.4 Comprehensive Development 4 Zone (CD4) ........................................ 165 9 | Consolidated: June 20,2024 List of Schedules Schedule A - Zoning Reference Map Key 10 | Consolidated: June 20,2024 Part 1 - Short Title District of Kent Zoning Bylaw No. 1219, 2001 may be cited for all purposes as the Zoning Bylaw. 11 | Consolidated: June 20,2024 Part 2 - Purpose The District of Kent Zoning Bylaw regulates the location and use of buildings and structures and the use of land, including the surface of water, within the District of Kent. For that purpose, the District is divided into zones pursuant to the provisions of the Local Government Act, having due regard to the promotion of health, safety, convenience, welfare of the public, overcrowding of land, preservation of the amenities peculiar to any zone, the securing of adequate light, air, and access, the value of the land and the nature of its present and prospective use and occupancy, the character of each zone, the character of the buildings already erected, and the peculiar suitability of the zone for particular uses, and the conservation of property values. 12 | Consolidated: June 20,2024 Part 3 - Definitions In this Bylaw unless the context otherwise requires: A access strip means a narrow strip of land, which forms an integral part of a panhandle lot to provide frontage on a highway and vehicular access from the highway to the remainder of the lot; off-street parking is not permitted within the access strip. accessory building means a building which is ancillary or subordinate to the principal building. accessory employee accommodation use means a use where accommodation of an employee or employees is provided within the principal uses permitted on the lot on which the use occurs. accessory office use means an office area, not exceeding 20% of the gross floor area of all buildings and structures on the lot, for the sale of commodities produced on the premises or commonly associated with the principal activity. accessory dwelling unit mean a dwelling unit that is accessory to the principal dwelling unit on a lot. accessory residential facilities means the following buildings, structures or improvements associated with a farm residence, accessory dwelling unit, farm employee residence, or home occupation on a lot within the Agricultural Land Reserve: (a) attached or detached garages or carports; (b) yard area and decorative landscaping; (c) attached or detached household greenhouse or sunroom; (d) residential accessory buildings including garages, workshops, tool and storage sheds; (e) artificial ponds not serving farm drainage or irrigation needs or agriculture use; (f) residential related recreation areas and facilities such as, but not limited to, swimming pools and tennis courts; (g) residential water well and system; and (h) residential sewerage septic system. accessory single-dwelling residential use means a residential use accessory to a non-residential use where up to a maximum of two (2) dwelling units are included within the building. ZBA 1368, 2007  ZBA 1489, 2012  ZBA 1687, 2021  13 | Consolidated: June 20,2024 advertising use means a use of a lot or a portion of a lot, of a building exterior, or of a structure, 2009 or thing for the advertising or promoting by visible or other means of a product, a service, place or event which is for sale, for rent, available, held assembled, grown or manufactured elsewhere than on that lot. adult entertainment means live entertainment or entertainment recorded on film, videotape or other projectable multimedia which includes any exposure of the genitals, pubic region, buttocks, anus, or female breasts immediately below the top of the areola, of any person. agri-tourism accommodation use means the use of land in the Agricultural Land Reserve for providing accommodation to paying guests for temporary lodging (14 days or less in duration) in relation to an agri-tourism activity permitted under the ALR Use Regulation. agri-tourism sleeping unit means a) an area used for sleeping located in a cabin or other structure, excluding a residence; b) a recreational vehicle or tent located on an agri-tourism campsite or an agri-tourism RV campsite. agri-tourism campsite means an area used for one recreational vehicle or tent on a property that qualifies for an agri-tourism accommodation use. agri-tourism RV campsite means an area used for one recreational vehicle with a self-contained toilet and water tank on a property that qualifies for an agri- tourism accommodation use. agricultural use means a farm use as defined under the Agricultural Land Commission Act and regulations that cannot be prohibited by local government as set out in the Agricultural Land Reserve Use Regulation. apartment use means a multi-family residential use where the building on a lot is used for three or more dwelling units, each unit having access from a hallway or foyer. approved community sewer system means a public or private system of pipes of sufficient capacity to carry sewage from two or more lots to connected treatment and disposal facilities within the meaning of the Health Act, and which is owned, operated or maintained by the District of Kent, or by an Improvement District, pursuant to the Local Government Act, or by a strata corporation pursuant to the Strata Property Act. approved community water system means a system of waterworks within the meaning of the Health Act which services two or more lots which are contiguous or which face one another across a road and which is owned, operated or maintained by the District of Kent, or by an Improvement District, pursuant to the Local Government Act, or by a strata corporation pursuant to the Strata Property Act. artisan crafts means the production and retail sale of crafts such as pottery, wood crafts, metal crafts, textile crafts, glass crafts, custom stone crafts, or native crafts; this may also include art, audio visual or a photographic studio. ZBA 1284, 2004  ZBA 1683, 2021  ZBA 1698, 2022  ZBA 1698, 2022  ZBA 1698, 2022  ZBA 1698, 2022  14 | Consolidated: June 20,2024 assembly use means a facility providing for the gathering of persons for religious, charitable, philanthropic, cultural, or private educational purposes and includes places of worship, auditoriums, youth centres, social halls, and group camps; but does not include private schools or child care centres. auxiliary uses means a use which is incidental to the permitted principal use of the land, building or structure located on a particular lot. B basement means a space seven feet or more in height below the first storey of a building, which is partly underground but which has at least half of its height from finished floor to finished ceiling above adjacent finished grade. building means a structure located on the ground, wholly or partly enclosed with walls and roofs, and used or intended for supporting or sheltering any use or occupancy. business vehicle means a vehicle utilized for business purposes full or part time. C cabaret / night club means a Liquor Primary Licensed Establishment primarily engaged in providing for dancing by customers and that may provide entertainment (excluding Adult Entertainment and Gaming or Gambling Establishments). campground use means the provision of space for tents, or recreational vehicles intended to be occupied primarily by the traveling public for overnight accommodation, may include accessory dining, washroom, and laundry facilities and an office for guest registration. cannabis has the same meaning as defined in the Cannabis Act (Canada). cannabis cultivation facility use means a facility providing for the cultivating, propagating and harvesting of cannabis for which Health Canada has issued a licence but does not include the retail sale of cannabis or farm-related commercial and farm-related industrial uses. caretaker means one that is solely employed to look after a house, building or property. child care centre means a facility for children for group day care, family day care, pre- School, play School, out-of School care, child minding, specialized day care, and emergency child care all as licensed and regulated under the Community Care and Assisted Living Act. ZBA 1336, 2006  ZBA 1440, 2009  ZBA 1489, 2012  ZBA 1683, 2021  ZBA 1704, 2022  ZBA 1704, 2022  15 | Consolidated: June 20,2024 civic use means a use providing for public functions by municipal, provincial or federal government and also by a public school board, hospital board, parks board, or library board; includes offices, schools, colleges, museums and archives, public recreational facilities, public hospitals, public and semi-public cemeteries, correctional facilities, courts of law, exhibition grounds, municipal yards, public swimming pools, public washrooms, freeways and waterways; excludes public storage, public utility uses, railway lines and public transportation stations. coach house use means a dwelling unit located entirely on the second level of a building that is separate from the single-family residence or two-family residence on the lot. college means a facility authorized under the College and Institution Act, for postsecondary education. commercial use means a use providing for the selling of goods and services, for the servicing and repair of goods, and for commercial office functions: Includes retail sales, liquor sales, building, camping and garden supply sales, automobile, automobile parts and accessory sales, wholesaling incidental to retail sales, commercial education and instruction services, medical services, indoor commercial recreation and entertainment services, household services and all associated repairs, financial services, personal services, administrative, commercial and professional offices, veterinary clinics, funeral homes, and commercial printers. Excludes manufacturing, welding, salvaging, warehousing, a service station use, an overnight accommodation use, a commercial outdoor recreation use, recreation vehicle, mobile home and boat services, facilities that service, wash or repair automobiles, light trucks, tractors and farm equipment, and enclosed rental storage units. commercial agricultural use means those activities designed to support other agricultural uses by the supply of support services where approved by the Agricultural Land Commission and shall include the following activities: (a) maintenance, repair and manufacturing of farm equipment; (b) Sales of farm equipment, parts and supplies; and (c) Trades contractor that supports agriculture. commercial indoor recreation use means a use providing for low intensity commercial recreation facilities and the minor retail sales and services customarily associated with such facilities, includes sport fishing, boating, canoeing, camping, cycling, golfing, and sports courts. commercial outdoor recreation use means a use providing for extensive outdoor commercial recreation facilities and the minor retail sales and services customarily associated with such facilities, includes golf courses, driving ranges, stadiums, sports clubs, botanical gardens, marinas, and race tracks. ZBA 1575, 2017  ZBA 1269, 2003  ZBA 1552, 2016  ZBA 1737, 2024  ZBA 1704, 2022  16 | Consolidated: June 20,2024 concealed parking means an off-street parking use which is located within the area of a lot occupied by a building, or underground. construction contractor means a contractor or trades contractor for road, building, utility, or land construction and maintenance projects. Council means the Municipal Council of the District of Kent. D development means a change in the use of any land, building or structure for any purpose, and shall include the carrying out of any building, engineering, construction or other operation in, on, over and under land, or the construction, addition, or alteration of any building or structure. dock means a float on the surface of the water that is connected to the shoreline by means of a platform and ramp and that is used as a landing or wharfage place for water craft. drive-in restaurant means a building from which food or drink is served on a self- service or car-service basis. dwelling unit means one or more habitable rooms used or intended to be used for residential accommodation when such room or rooms together contain or provide for only one set of cooking facilities. E education facility means a facility for School, College or University type education but not authorized under the School Act, College and Institution Act, or University Act. Includes: trade school, adult education facility, language school, business school, vocational school, and special education programs. entertainment and recreation use means a use which provides entertainment or recreation activities for commercial gain; includes the operation of bowling alleys, movie theatres, performing arts, and art galleries. enclosed mini-storage use means a building containing separate, individual enclosed storage units, designed to be rented or leased to the general public for storage of personal goods, materials or equipment. exhibition ground means an open area that is used by the general population as a public fairground for special events, the showing of agricultural products and livestock, and may include horse training facilities, an outdoor theatre, and temporary amusement rides; also may consist of the provision of food and beverage services, including temporary liquor licenses such as beer gardens. exterior side lot line means the lot lines not being the front or rear lot line, common to the lot and a street or lane. ZBA 1580, 2018  ZBA 1704, 2022  17 | Consolidated: June 20,2024 F farm employee residence use means an additional dwelling on a lot within the Agricultural Land Reserve used as a residence by an individual employed on the same lot that the agricultural use occurs. farm equipment means specialized equipment used for agricultural purposes but does not include farm vehicles. farm home plate means the portion of the lot where the single family residence, an employee residence, home occupation, and any associated accessory residential facilities are located. farm-related commercial and farm-related industrial uses means the use of land for industrial and commercial uses including all buildings, outdoor storage, landscaped areas, parking and loading areas, and new access road permitted by the agricultural Land Commission Act, and without the limiting the generality of the foregoing includes: farm product processing facilities farm product retail sales buildings; alcohol production facilities and their ancillary uses; pet breeding and boarding facilities; Class A compost facilities; and permanent infrastructure to support agri-tourism activities and gathering for event if approved by the Agricultura Land Commission. Farm-related commercial and farm-related industrial uses shall not exceed the following maximum lot coverage: Lots greater than 4 ha: 5% Lots equal to or less than 4 ha: 0.2 ha farm residence means the principal single dwelling residential use building that accommodates one dwelling unit and is on a lot within the Agricultural Land Reserve. farm vehicle means a vehicle designed and adapted exclusively for use in agricultural operations but does not include a vehicle used primarily to transport persons on a highway. finished grade means the average of: (a) the highest finished ground elevation within three (3) metres (9.8 feet) of a structure or building, and (b) the lowest finished ground elevation at the perimeter of outside walls of the structure or building; floor area - home occupation means the total floor area of a home occupation use on a lot measured between exterior walls and required firewalls including the space occupied by interior walls and partitions, all areas giving access thereto such as corridors, hallways, landings, foyer, staircases, stairwells, enclosed balconies, mezzanines, enclosed porches or verandas but not including exits, vertical service spaces, and their enclosing assemblies. ZBA 1489, 2012  ZBA 1489, 2012  ZBA 1489, 2012  ZBA 1489, 2012  ZBA 1489, 2012  ZBA 1517, 2014  ZBA 1683, 2021  18 | Consolidated: June 20,2024 ZBA 1687, 2021  floor area - accessory dwelling unit means the total floor area of the accessory dwelling unit on a lot measured to the inner surface of exterior walls, including corridors, hallways, landings, foyer, staircases, stairwells, enclosed balconies and mezzanines, enclosed porches or verandas, attached garages and unenclosed carports but excluding auxiliary parking, unenclosed swimming pools, balconies, sundecks, elevators or ventilating machinery. front lot line means: (a) the lot line or lines common to a street and the lot, (b) in the case of a lot having lot lines in common with more than one street, the shortest common line, or (c) when the lines common to the lot and street are equal in length, the line common to the street towards which the majority of the adjacent buildings are faced. fueling station use means a use providing for the retail sale of motor vehicle fuel, lubricating oils and automobile accessories, and drive-thru car washes. G gaming or gaming establishment means any land, building and structures or any part of any building or structure that is used for any game played with cards, dice, or any gaming device, but excludes the purchase of lottery tickets, bingo halls, and charitable casinos. garage means a detached accessory building or a portion of a principal building used solely for the parking or temporary storage of private motor vehicles and in which there are no facilities for repairing or servicing such vehicles. garden apartment means an apartment building not more than three storeys, a minimum of 70 square metres (750 square feet) per unit, with individual external entrances to each apartment unit. garden suite means a single-storey ground-level self-contained accessory dwelling unit. greenhouse, illuminated means a building or structure used for private or commercial horticultural practices which is illuminated at any time between sunset and sunrise. The flowers, shrubs, trees and similar vegetation which are grown for private use or may be sold either at wholesale or retail. gross floor area means the total floor area of buildings on a parcel measured to the outer limits of a building including all areas giving access thereto such as corridors, hallways, landings, foyers, staircases, stairwells, enclosed balconies and mezzanines, enclosed porches or verandas, and attached garages and unenclosed carports but excluding auxiliary parking, unenclosed swimming pools, balconies, sundecks, elevators or ventilating machinery. ZBA 1440, 2009  ZBA 1442, 2009  ZBA 1726, 2023  ZBA 1726, 2024  19 | Consolidated: June 20,2024 guest unit means a unit of accommodation, including any guest room, sleeping unit, habitable room or rooms, or dwelling unit located within the short-term rental property. H habitable room means a room used for eating, sleeping or human occupancy, excludes utility room, furnace room and storage room. height means, in reference to a building or structure, the vertical distance from the average finished ground level at the perimeter of the building or structure, or, in the case of a carport or garage, from the finished floor level, to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and to the mean level between the eaves and the ridge of a gable, hip, gambrel or other sloping roof, and in the case of a structure without a roof, to the highest point of the structure. home occupation means a business which is auxiliary to the residential use on the same lot, and must be conducted from within the residential dwelling and or within an accessory building. hotel means a building containing commercial guest accommodation units, and a lobby area for guest registration and access to the accommodation units and may contain accessory uses such as a restaurant, licensed drinking facilities, liquor sales, accessory retail sales and accessory retail services; and meeting rooms. I immediate family member means (a) parents, grandparents, and great-grandparents; (b) spouse, parents of spouse, and stepparents of spouse; (c) brothers and sisters; and (d) children or stepchildren, grandchildren and great-grandchildren. impervious surfaces means those areas which prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to development, and is expressed as a percentage of the total lot area. Impervious surfaces include, but are not limited to, buildings and structures, patios, paved walkways and driveways, and hardscaping. industrial use means a use providing for the processing, fabricating, assembling, storing, transporting, distributing, wholesaling, testing, servicing, repairing, salvaging goods, materials, or things and includes only the sale of goods either manufactured, processed, fabricated, assembled, disassembled or repaired on the same site. ZBA 1639, 2020  ZBA 1442, 2009 1501, 2013 1596, 2018  ZBA 1607, 2018  ZBA 1622, 2019  ZBA 1327, 2024  20 | Consolidated: June 20,2024 intensive agricultural use means an agricultural use that involves the confinement of more than 4,550 kg of poultry or livestock or the operation of a fur farm or the manure-based cultivation of mushrooms; includes retail nurseries, manufacturing and processing plants for agriculture related products; but excludes produce stands, temporary uses (less than 6 months), retail uses less than 100m2; and medical cannabis production facilities. interior side lot line means the lot line or lines, not being the front or rear lot line, common to more than one lot. K kennel means any building, structure, compound, group of pens or cages, within a building or property in which, or where six (6) or more dogs or cats are, or are intended to be, trained, cared for, bred, boarded or kept for any purpose whatsoever and charges a fee, for certainty, shall specifically include any building, or pert thereof, in which six (6) or more dogs or cats are kept for breeding purposes. *For certainty, whenever in this bylaw there is a reference to a specific number of dogs or cats, the reference shall be read as meaning any combination of dogs or cats or both of that number. L landscape screen means a barrier which may be either a compact, evergreen hedge broken only for access drives or walks, or a fence or a brick, stone or concrete wall which incorporates suitable plant materials, terracing or grassed area, and is broken only for access drives or walks. lane means a public right-of-way of not more than seven point five (7.5) metres (25 feet) in width. licensed lounge use means an establishment associated with a restaurant, where the total size shall not exceed 20% of the gross floor area of the restaurant. light agricultural use means a use providing for the growing, rearing, producing, and harvesting of agricultural products and specifically includes nurseries, greenhouses, and the keeping of livestock, poultry (excluding roosters), geese, ducks, rabbits, pigeons, and doves. liquor primary licensed establishment means an establishment licensed under the Liquor Control and Licensing Act and Regulation where the service of liquor, as opposed to food, is the primary focus of the establishment. liquor retail store means a private liquor store or cold beer and wine store licensed under the Liquor Control and Licensing Act and Regulation. livestock means the following ungulates: cow, bull, horse, mule, ass, sheep, goat, swine or llama and includes their young. ZBA 1269, 2003  ZBA 1395, 2008  ZBA 1440, 2009  ZBA 1468, 2010  ZBA 1541, 2016  ZBA 1541, 2016  21 | Consolidated: June 20,2024 lodge means a building or establishment used by an association or organization for fraternal, social or recreational purposes and which shall be operated for the use of club members and their guests only. lot means the smallest unit in which land is designated as a separate and distinct lot on a legally recorded subdivision plan or description filed in the Land Registry Office. lot width means the mean horizontal distance between side lot lines measured at right angles to the lot depth. M marina means a system of piers, docks or boathouses that contains more than ten (10) moorage spaces for storing, berthing, securing or launching of water craft and floating air craft; moorage spaces cannot be used for residential purposes, which includes floating homes. marine-dependent use means a use that either requires direct contact with water and cannot exist at a non-marine location due to the intrinsic nature of its operations, or a use that cannot occur economically in a non-marine location; excludes residential uses, which includes floating homes. marine service commercial use means a system of piers or docks for the storing, servicing, fuelling, berthing and securing or launching of water craft; may include the sale of incidental supplies for water craft owners, crews, and guests; and may include the sale and service of water craft, marine retail sales, including the sale of groceries, souvenirs, sporting equipment, and rental businesses and guiding, an automated banking machine, and a laundry, washroom and shower facility. manufacturing use means those manufacturing activities carried out within an enclosed structure involving the assembly of materials or components from pre- manufactured materials. manufactured home means a housing unit designed for use as a principal residence. It is constructed complete with the necessary plumbing, heating and electrical systems, which meets applicable Canadian Standards Association (CSA) standards. It is designated to be transported to a prepared site, and becomes suitable for permanent occupancy after proper installation on foundation supports and connection to utility services. The term "foundation" in this definition includes basements, crawl spaces, piers or pads with blocking. medical health officer means an officer appointed by the Provincial Health Officer pursuant to the Health Act. micro-cannabis cultivation facility use means a facility providing for the cultivating, propagating and harvesting of cannabis for which Health Canada has issued a licence for micro-cultivation but does not include the retail sale of cannabis or farm-related commercial and farm related industrial uses. ZBA 1596, 2018  22 | Consolidated: June 20,2024 ZBA 1704, 2022  ZBA 1737, 2024  mobile home means a trailer structure manufactured and assembled as a dwelling unit which is intended to be capable of movement from place to place, and which comprises one dwelling unit with complete bathroom facilities and which is intended to be the principal residence of the occupant; excludes recreation vehicles. motel means a building containing commercial guest accommodation units, each of which has a separate entrance from the exterior of the building(s), and may contain an office for motel administration. motor vehicle includes automobiles, trucks, motorcycles, all-terrain vehicles and snowmobiles. N natural boundary means the visible high-water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual, and so long continued in ordinary years, as to mark upon the soil of the bed of the lake, river, stream, or other body of water a character distinct from that of the banks thereof, in respect of vegetation, as well as in respect of the nature of the soil itself. neighbourhood pub means a Liquor Primary Licensed Establishment which offers full lunch and dinner menus complete with hot and cold meals and has a person capacity of not more than 100 or meeting the seating capacity pursuant to the fire and building codes, whichever is less. O office use includes the operation of banks and financial institutions; business and professional offices; business and trade schools; government offices; studios, including: artist, display, music, dance, radio recording, television and photographic studios, art galleries and taxi dispatch offices. off-street parking use means a use providing for parking spaces for the temporary storage of motor vehicles, and recreational vehicles. outdoor amenity area means the required open space provided for the enjoyment of the residents of a particular dwelling unit and which is immediately adjacent to and directly accessible from the dwelling unit it is to serve. overnight camp means a youth program with youth staying overnight at accommodations on site. P panhandle lot means a lot that fronts on a highway by means of an access strip. park means an area open to the general population and reserved for outdoor recreational, scenic or conservation purposes. ZBA 1440, 2009  23 | Consolidated: June 20,2024 ZBA 1466, 2010  ZBA 1704, 2022  park model means a structure manufactured as a recreational unit for temporary short-term accommodation (less than one month in duration), designed to be towable on its own chassis and sited without requiring a permanent foundation. Such structure shall meet current CSA Z-241 requirements; shall not exceed 50 square metres gross floor area; shall have a width greater than 2.6 metres in the transit mode; and shall specifically exclude a recreational vehicle. parking area means an open area of land, other than a street, used for the parking of vehicles of clients, customers, employees, members, residents or tenants. parking space means a space within a building or parking area, for the parking of one vehicle, excluding driveways, ramps, columns, office and work areas. party wall means a wall jointly owned and jointly used by two parties under easement agreement or by right in law and erected at or upon, a line separating two lots of land, each of which is a separate registered title in the Land Registry Office. personal care use means a facility which contains sleeping units for persons receiving care or assistance where the building and/or operator are regulated or funded by the provincial or federal agencies, including care and assisted living as defined and regulated under the Community Care and Assisted Living Act. personal service use means businesses, which cater to the personal needs of customers, and would include a barbershop, beauty parlour, manicurist and massage parlour. A massage parlour is limited to medical, therapeutic, or cosmetic massage treatment given by a person duly licensed or registered under any applicable enactments. pier means a structure consisting of a fixed platform above the water that abuts the shoreline and is used as a landing or wharfage place for watercraft. premise means a legal parcel, and may include more than one parcel where the parcels have a single civic address. principal use means the main purpose for which the land, buildings, and structures within a single lot are normally used. principal residence means the dwelling unit where an individual lives, makes their home and conducts their daily affairs, including, without limitation, paying bills and receiving mail, and is generally the dwelling unit with the residential address used on documentation related to billing, identification, taxation and insurance purposes, including, without limitation, income tax returns, Medical Services Plan documentation, driver's licences, personal identification, vehicle registration and utility bills. produce sales use means a use providing for the incidental retail sale of agricultural products produced on the same lot on which the agricultural use occurs. protected non-farm use means a non-farm use that cannot be prohibited by local government as set out in the Agricultural Land Reserve Use Regulation. ZBA 1576, 2017  ZBA 1622, 2019  ZBA 1622, 2019  24 | Consolidated: June 20,2024 public service use means the use of buildings or land for a service or utility owned by the public or by a private agency which provides a service to the public and shall include utility and public works yards, major utilities, public garbage dumps and incineration sites, mortuary/crematorium, animal pound/kennel, or a recycling facility. public utility use means a use providing for the servicing of any area of the District of Kent or through servicing for areas beyond, with water, sewer, electrical, telephone, natural gas or telecommunications and similar services, where such use is established by a corporation or government body regulated by the Utility Commission Act or the Telecommunications Act or similar legislation; including sewer, watermain, natural gas and power line easements, broadcast transmission and telecommunication facilities, pumphouses, substations, telephone exchanges and traffic controls but excludes incineration. R rear lot line means the lot line or lines opposite to and most distant from the front lot line, or in the case of a lot having two intersecting side lot lines, the rear lot line shall be deemed to be a line within the lot and six (6.0) metres (20 feet) in length, which is parallel to and most distant from the front lot line. recreational vehicle means any vehicle or trailer constructed or equipped to be used for recreational enjoyment as temporary living or sleeping quarters not requiring a continuous connection to sanitary, water and electrical hookups and not having a width in transit mode greater than 2.6 metres (8.5 feet) at any point. recreational vehicle dump station means a facility where wastewater from a recreational vehicle can be safely emptied into a sewer or septic system. residential use means a use providing for the accommodation and home life of a person or persons and includes horticulture and the keeping of animals as household pets when such animals are normally kept within the dwelling unit and when such activities are not performed for financial gain or favour; specifically excludes a short-term rental use. resort cabin means an accommodation for overnight accommodation only and may or may not include a kitchen. resort lodge means a building containing commercial guest accommodation units in which the total number of units does not exceed 20; may contain common indoor and outdoor assembly areas, restaurant, lounge, and an office for resort lodge administration. resource use means a use providing for the conservation, management or extraction of primary forest, mineral, and other resource materials and includes the preliminary grading, cutting or crushing of such materials for shipment, but excludes all manufacturing of products and any processing not specifically included. ZBA 1569, 2003  ZBA 1725, 2023  ZBA 1622, 2019  ZBA 1698, 2022  25 | Consolidated: June 20,2024 ZBA 1578, 2017  ZBA 1619, 2019  ZBA 1730, 2024  resource processing means the manufacture of products and processing of materials from resource material primarily extracted from the same lot. restaurant use means a commercial use where meals and/or refreshments are prepared for consumption on or off the premises, and may include associated equipment; includes cafes; excludes cabaret use. retail cannabis sales means the sale or distribution of cannabis and cannabis accessories as lawfully permitted and authorized under the Cannabis Control and Licencing Act. row house use means a minimum of two but a maximum of six side by side dwelling units attached to each other in a row with each dwelling unit located on its own fee simple lot. S school means facility authorized under the School Act, or the Independent School Act for the teaching of children, including primary, elementary and secondary Schools. secondary dwelling use means a self-contained dwelling unit that is auxiliary to and separate from the principal residential use on the lot. secondary suite means an additional dwelling unit within a principal residential use and shall a. meet the criteria listed in the B.C. Building Code; and b. only be permitted where the building is occupied by the registered owner of the lot as his/her principal place of residence. service commercial use means a use that includes the retail sale of building, camping and garden supplies, groceries, automobile parts and accessories, as well as recreation vehicles, mobile homes and boats; services such as restaurants, automated bank machines, and indoor recreation and entertainment facilities; facilities to service, wash or repair automobiles, light trucks, tractors, and farm equipment. service industrial use means those activities associated with the supply and maintenance of machinery, or equipment, which includes the sale and service of new and/or used recreation vehicles, marine equipment, farm equipment, industrial equipment, snowmobiles, all terrain vehicles, motorcycles, and bicycles; enclosed rental storage units; the sale and service of new vehicle parts; and a contractors equipment storage yard. service station use means a use of premises for the sale of gasoline, lubricating oil and motor vehicle accessories directly to the users of motor vehicles, including the use of premises for the washing of cars, of the servicing of motor vehicles, recreational vehicles, auto-body work, welding, painting, and the rental of motor vehicles and recreational vehicles. ZBA 1580, 2018  ZBA 1509, 2014  ZBA 1237, 2002  ZBA 1632, 2020  ZBA 1704, 2022  26 | Consolidated: June 20,2024 setback means the required minimum distance between a building or use and each of the respective lot lines. shipping container means a rectangular metal container customarily used for the transport of freight or for storage. short-term commercial accommodation (guest unit) use means the rental of a dwelling unit to paying guest for temporary lodging (28 days or less in duration) where the dwelling unit is occupied as a principal residence, with the principal resident on site during the lodging period. short-term commercial accommodation (principal residence) use means the rental of a dwelling unit to paying guest for temporary lodging (28 days or less in duration) on a property occupied as a principal residence. The principal resident may or may not be on site during the lodging period. short-term rental use means any dwelling unit used for the temporary lodging (28 days or less in duration) of paying guest including a short-term commercial accommodation (guest unit) use and short-term commercial accommodation (principal residence) use. short-term rental property means premises in the District of Kent where accommodation of paying guest for 28 days or less is a permitted use pursuant to the Zoning Bylaw. single-dwelling residential use means a residential use where the principal building on a lot accommodates one dwelling unit. site coverage means the percentage of a lot covered by buildings and structures based on the outermost walls of all buildings and structures and includes the area within projections of the outermost columns of any carport, lean-to, deck, porch, or balcony; excludes decks and porches not exceeding 0.6 m in height above the natural grade. site built house means a housing unit which meets the requirements of the Building Code and is constructed on a permanent site where building materials are brought to the site and various trades execute the final product. sleeping unit means one or more habitable rooms used or intended to be used for sleeping, or sleeping and living purposes, but not including a sink or cooking facilities. A bathroom containing a water closet, wash basin and a bath or shower may be shared. storey means the space between a floor level and the ceiling directly above it, whether or not such space extends throughout the lot coverage of the building concerned, where the floor level at any given point is not more than zero point six (0.6) metres (2 feet) below the highest finished ground elevation located within three (3) metres (9.84 feet) of the nearest outside wall of the building, measured at right angles to such outside wall. street includes all highways, roads, squares, thoroughfares and any other public way, but excludes lanes, trails and bridges. ZBA 1447, 2009  ZBA 1597, 2018  ZBA 1622, 2019  ZBA 1622, 2019  ZBA 1622, 2019  ZBA 1622, 2019  27 | Consolidated: June 20,2024 structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground but shall not include fences and walls that are less than the maximum fence height permitted in any zone. T tank vehicle means any vehicle, other than railroad tank cars and boats, with a cargo tank having a capacity of more than 450 litres, mounted or built as an integral part of the vehicle and used for the transportation of fuel products, and including tank trucks, trailers and semi-trailers. tank vehicle storage use means the parking of any tank vehicle used to transport fuel products for delivery. thermal reduction use means the controlled process by which solid, liquid or gaseous combustible wastes are burned and changed into gases and residue containing little or no combustible material. townhouse use means a residential use in which the building on a lot is used for three or more dwelling units each of which has its own separate entrance to the building. trailer means a vehicle that is at any time drawn on a highway by a motor vehicle but does not include a farm vehicle. two-dwelling residential use means a residential use where a building on a lot accommodates two dwelling units which are separated by a fire wall. U unenclosed storage use means a use providing for the storage of goods or things customarily associated with commercial use, a service station use, or an industrial use, when such storage is not contained within a building. university means a facility authorized under the University Act, for post-secondary education. V Vehicle means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power. W walkway means a public access route for pedestrians or non-motorized vehicles, which provides access between two streets; ZBA 1489, 2012  ZBA 1489, 2012  ZBA 1501,2013  ZBA 1704, 2022  28 | Consolidated: June 20,2024 warehousing use includes a use of buildings for storage, distribution, and wholesaling purposes but excludes goods and commodities from a cannabis cultivation facility. watercourse means any natural or man-made depression with well defined banks and bed zero point six (0.6) metres 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 two point zero (2.0) square kilometers or more, or as required by a designated official of the appropriate Provincial Ministry. wharfage means the tying of a boat or other vessel to a wharf, float, pier or dock; cannot be used for residential purposes, including floating homes. 29 | Consolidated: June 20,2024 Part 4 - Basic Provisions 4.1 Application The provisions of this Bylaw apply to the whole of the area within the boundaries of the District and to the buildings and structures thereon. 4.2 Measurements in Metric Units Metric units are used for all measurements and standards in this Bylaw. The approximate equivalents of the metric standards in imperial units, shown in brackets following each metric standard, are for convenience only and do not form part of this Bylaw. 4.3 Severability If any section, subsection, clause, sub-clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remaining portions of this Bylaw. 30 | Consolidated: June 20,2024 Part 5 - Temporary Use Permits Pursuant to the Local Government Act, the Zoning Bylaw may designate areas where temporary uses may be allowed and may specify general conditions regarding the issuance of Temporary Use Permits in those areas. Temporary Use Permits may be issued for a period of up to 3 years and may be renewed once. Temporary Use Permits may be issued: .1 For the following uses: (a) special events of a commercial nature which are of limited duration and which will not preclude or compromise future permitted uses on the proposed site of the temporary use. (b) short-term industrial activity such as portable asphalt plants, portable sawmills, heavy equipment storage and construction yards related to specific industrial projects of limited duration. (c) temporary sand and gravel extraction. (d) transitional uses which comply with the area designation policies in the Official Community Plan but where appropriate zoning does not presently allow for such uses. To provide for temporary approval of transitional use or uses where uncertainty exists as to their appropriateness or viability and where it is premature to decide upon rezoning and long-term land use rights, a Temporary Use Permit may be issued for a limited period. (e) other temporary uses but only within the areas designated Commercial - Service, Commercial - Town Centre, Commercial - Highway, Industrial - Light and Industrial - Heavy in the Official Community Plan. .2 For the following activities within the land use designations listed below: Land Use Designation Special commercial events All designations Short-term industrial and construction uses Resource Management or Agricultural Temporary sand and gravel operations Resource Management or Agricultural Transitional industrial or commercial uses which comply with area designation policies but where appropriate zoning is not available All designations Other industrial or commercial uses Industrial .3 Within the Agricultural Land Reserve, pursuant to the Agricultural Land Reserve Act, and subject to regulations made under the Agricultural Land Reserve Act and all relevant orders of the Land Reserve Commission. 31 | Consolidated: June 20,2024 Part 6 - Establishment of Zones 6.1 Zones For the purpose of this Bylaw, the District of Kent is divided into zones identified in short form and described as follows: A A1 A2 Agricultural Zones Agricultural Small Lot Agricultural Agri-Industrial Zone RR1 RR2 RR3 RS1 RL RM1 RM2 RH Residential Zones Rural Residential 1 Rural Residential 2 Rural Residential 3 Small-Scale Multi-Unit Housing Lake Area Residential Multiple Dwelling Residential 1 Multiple Dwelling Residential 2 Mobile Home Park CT1 CT2 CS1 CS2 CS3 CS4 CS5 CM CH Commercial Zones Town Centre Commercial Town Centre Commercial and Residential Service Commercial Service Station Commercial Tourist Recreation Commercial Tourist Accommodation Commercial Lakeside Tourist Accommodation Commercial Marine Commercial Highway Commercial M1 M2 M3 M4 MR MR1 Industrial Zones/Resource Management Zones Light Industrial Heavy Industrial Special Industrial Enclosed Storage Industrial Resource Management Resource Management Industrial Zone P1 P2 P3 Parks and Institutional Zones Institutional Park, Recreation and Open Space Institutional Assembly CD1 CD2 CD3 CD4 Comprehensive Development Zones Comprehensive Development 1 Comprehensive Development 2 Comprehensive Development 3 Comprehensive Development 4 ZBA 1345, 2006 1683, 2021 1704, 2022 1737, 2024  32 | Consolidated: June 20,2024 6.2 Zoning Map .1 The location of the zones established by this Bylaw are shown on the Zoning Map of the District of Kent, Schedule A, and all associated inset maps, with all explanatory matter thereon, is hereby made and declared to be an integral part of this Bylaw. .2 When the zone boundary is designated on the Zoning Map as following a road allowance, creek or railway right-of-way, the centre line of such road allowance, creek or railway line, shall be the zone boundary. .3 Where a zone boundary does not follow a legally defined line, and where the distances are not specifically indicated, the location of the boundary shall be determined by scaling from the Zoning Map. ZBA 1237, 2002  33 | Consolidated: June 20,2024 Part 7 - General Regulations The following general regulations are applicable to all zones. 7.1 Principal Buildings Per Lot .1 Except as otherwise permitted not more than one single-dwelling residential use may be sited on one lot. 7.2 Permitted Uses of Land, Buildings and Structures .1 In all zones the use of land including the surface of water, of buildings and of structures shall be in accordance with the permitted uses specified in this Bylaw and in conformity with the regulations for permitted uses specified in this Bylaw; any use contrary to or not expressly permitted by this Bylaw shall be absolutely prohibited. .2 In all zones, the following uses are permitted: (a) roads and highways (b) parks (c) an off-street parking use, if it is accessory to the principal use .3 A public utility use is permitted in all non-residential zones. 7.3 Prohibited Uses of Land, Buildings and Structures The following uses of land, buildings and structures shall be prohibited in all zones unless specifically permitted: .1 the use of tents, recreational vehicles or mobile homes except as permitted in this Bylaw or "The District of Kent Mobile Homes Regulation and Control Bylaw No. 590, 1973". .2 an advertising use, except as specifically permitted in the "Sign Bylaw" of the Municipality and in this Bylaw. .3 disposal of any waste matter on land or in marine areas, except such waste matters as may lawfully be discharged under the Sewage Disposal Regulation, the Agricultural Waste Control Regulation or the Waste Management Act. .4 storage of special wastes, as defined in the Waste Management Act, other than the temporary storage of such waste where specifically permitted by this Bylaw, and for the purposes of this exception, "temporary" means that not more than 6 month's accumulation of such waste may be stored. .5 storage or disposal of wastes on any island, if the wastes did not originate on that island. ZBA 1440, 2009 1501, 2013  34 | Consolidated: June 20,2024 .6 the conduct of Adult Entertainment within, or in conjunction with the operation of any Cabaret / Night Club or Neighbourhood Pub, or any other establishment. .7 Subject to the limitation set out in Section 4 and 8 of the Agricultural Land Reserve Use Regulation or as otherwise specifically permitted, a cannabis cultivation facility is prohibited. Any lawful cannabis cultivation facility that cannot be prohibited in accordance with Section 4 and 8 of the Agricultural Land Reserve Use Regulation is subject to Part 7.23 of this bylaw. 7.4 Siting Exceptions .1 The following features may project into a required front, side or rear yard setback: .1 steps. .2 eaves and gutters, cornices, sills, bay windows, chimneys or other similar features, provided that such projections do not exceed zero point six (0.6) metres (2 feet) beyond the siting regulations provided by the Bylaw or approved siting regulation variances which otherwise apply to the building of which they are a part. .3 open porches and canopies, provided that such projections do not exceed two (2) metres (6.5 feet) beyond the siting regulations provided by this Bylaw which otherwise apply to the building of which they are a part, nor fifty percent (50%) of the width of a required side yard. .4 balconies and sun shades, provided that such projections do not exceed one point two (1.2) metres (4 feet) beyond the siting regulations provided by this Bylaw which otherwise apply to the building of which they form a part. .5 an uncovered patio or terrace, which may be open or enclosed, in any yard in a residential zone, subject to the fence height limitations as specified in Section 7.10 of this Bylaw. The provision of an awning or similar temporary covering for such a terrace shall be permitted. .6 arbors and trellises, fishponds, ornaments, flagpoles, or similar landscape features. .7 an underground structure may be sited in any portion of a lot provided that the top surface of such structure shall at no point extend above the average finished ground elevation. .2 Unless specifically regulated elsewhere in this or any other Bylaw, floodlights, warning devices, observation and water towers, radio and television antennae, masts and aerials, utility wires, poles and guys, and flagpoles are exempt from siting regulations. 35 | Consolidated: June 20,2024 .3 Where a common or party wall shared by two or more separately owned or operated dwelling or business units within a building for residential use, a commercial use, or an industrial use coincides with a side lot line, and where the land pertaining to each unit is a registered lot, or where such land comprises a strata lot shown on a registered strata plan as provided for in the Strata Titles Act, the setbacks specified in this Bylaw shall not apply to that side lot line. .4 For residential zones, a walkway that is maintained by the Municipality or a strata corporation must have a minimum building setback of 3.0 metres (10 feet). .5 The minimum lot width for a panhandle lot shall not include the access strip when calculating the mean horizontal distance between side lot lines. However, the access strip shall not be less than 10 metres wide in order to provide vehicular access. 7.5 Minimum Lot Sizes .1 Lot Sizes and Requirements Lot size, width, depth, shape and orientation shall be appropriate for the location and contemplated use of the subdivision and shall conform to the minimum requirements for the respective zones, except that in areas not serviced by community sanitary sewer, no lot shall be less than 2,000 square metres (0.5 acres), or the minimum lot size for the zone, whichever is greater. .2 Where Minimum Lot Sizes Do Not Apply The requirements of Section 7.5.1 shall not apply: .1 where the lot being created is used solely for the unattended equipment necessary for the operation of: (a) a community water system (b) a community sanitary or storm sewer (c) a community gas distribution system (d) a community radio or television receiving antenna (e) a radio or television broadcasting antenna (f) a telecommunication relay station (g) an automatic telephone exchange (h) an air or marine navigational aid (i) electrical substations or generating stations (j) any other similar public service or utility .2 where the lot is a common lot intended for use as a private road. .3 to parks. 36 | Consolidated: June 20,2024 .4 where the number of new lots in a proposed subdivision does not exceed the number of wholly separate and independent principal buildings containing dwelling units which have been legally constructed and permanently erected on the land to be subdivided provided that: (a) each new lot so created contains at least one wholly separate and independent principal building containing a dwelling unit which was legally constructed prior to the date of effect or the date of adoption of any Official Community Plan and any Zoning Bylaw for the area of the subdivision, and for which the owner applies to and receives from the District of Kent an Occupancy Permit pursuant to the building regulations of the district. (b) where a proposed lot is not served by an approved community sewer system, the written approval of the Medical Health Officer is given. (c) for other than lot size, each new lot so created meets the Bylaw requirements of the zone for the intended use. 7.6 Dwelling Units .1 Unless otherwise specified, no more than one dwelling unit is permitted per lot. .2 All rooms in a dwelling unit are to be contiguous and accessible from within the dwelling unit. .3 With the exception of mobile homes, the widest portion of a single-dwelling residential use must be at least 4.5 metres (15 feet) wide or greater, and for a two- dwelling residential use must be at least 9 metres (30 feet). 7.7 Accessory Buildings and Structures .1 General .1 No accessory building or structure shall be erected on any lot, unless the principal building to which the accessory building is an incidental use has been erected or will be erected simultaneously with said accessory building. .2 Where an accessory building or structure which is not completely open on its sides is attached to the principal building or attached by a structure which is not completely open on its sides, it is to be considered a part of the principal building and shall comply in all respects with the requirements of this Bylaw applicable to the principal building. .3 Unless otherwise specifically regulated elsewhere in this Bylaw, accessory buildings and structures: (a) shall not exceed a height of three point seven (3.7) metres (12 feet); (b) shall not occupy more than ten percent (10%) of the area of the lot upon which they are located; ZBA 1737, 2024  37 | Consolidated: June 20,2024 (c) shall be sited to the rear of the front face of a principal building on the lot upon which they are located; (d) shall be sited not less than: i. three (3) metres (10 feet) from an exterior side lot line; ii. one point five (1.5) metres (5 feet) from an interior side lot line; iii. one point five (1.5) metres (5 feet) from a rear lot line adjacent to a lane; .4 Unless otherwise permitted, an accessory building or structure shall not be used as a dwelling unit. .2 Agricultural and Residential Zones .1 Not more than two-thirds (2/3) of the width of the rear yard of any lot in an Agricultural or Residential Zone, except in the Small-Scale Multi-Unit Housing Zone (RS1), shall be occupied by accessory buildings. .2 In an Agricultural or Residential Zone, if for topographical reasons a private garage or carport cannot be constructed at the side or rear of the principal building, such garage or carport may be constructed in an excavation in a front yard, provided that no part of such structure shall extend more than one point two (1.2) metres (4 feet) above the surface of the surrounding ground at any point other than the driveway, nor be less than three (3.0) metres (10 feet) from the front lot line. .3 Non Agricultural and Non Residential Zones .1 On a corner lot, an accessory building shall be located not closer to the flanking street than the principal building on the same lot, nor closer than the required setback from the flanking street of the principal building on an adjoining lot, whether or not a lane intervenes. .2 An accessory building shall not exceed four (4.0) metres (13 feet) in height if it is located within a required rear yard. 7.8 Temporary Buildings .1 A temporary building or structure may be erected for residential or construction purposes on a lot being developed for a period not to exceed the duration of such construction and shall be removed prior to the issuance of an occupation permit in accordance with municipal bylaws. .2 Temporary buildings or structures shall be subject to the following requirements: .1 Application shall be made in writing to the Building Official for a permit to erect a temporary building or structure. 38 | Consolidated: June 20,2024 .2 If the Building Official is satisfied that the proposed temporary building or structure would not constitute or cause a public hazard or public nuisance, nor obstruct unnecessarily any public right-of-way, the Building Official shall grant a permit for a period of not more than six (6) months. .3 At the expiration of a permit such temporary building or structure shall be removed and the site thereof restored as nearly as possible to its former condition. 7.9 Building Height .1 Unless otherwise specified, a fire suppression system is required for all buildings that are more than 12 metres (40 feet) in height. .2 Unless otherwise specified, the maximum height for an accessory building is 6.0 metres (20 feet). .3 The following shall not be subject to the building height requirements of this Bylaw: church spires, belfries, domes, monuments, fire and hose towers, observation towers, stadium bleachers, transmission towers, chimneys, flag poles, radio towers, elevator and ventilating machinery, provided that the structure shall cover not more than twenty percent (20%) of the roof area of the principal building. .4 Where a structure is floating on the surface of a water body, height is to be determined by measuring from the water surface. .5 Where a structure is located over a water body, but imbedded in the land beneath the water body, height is to be determined by measuring from the elevation of the natural boundary of the water body. 7.10 Fences .1 Subject to the vision clearance provisions of Section 7.11, the following height limitations shall apply to fences and walls: .1 Except in the Light (M1), Heavy (M2), Special (M3), and Enclosed Storage (M4) Industrial Zones, required screening, Parts 7.10.1.2, and Part 7.10.1.3; fences or walls shall not exceed a height greater than: (a) one point eight (1.8) metres on any portion of a lot within a required front lot line setback; (b) Two point four (2.4) metres on any portion of a lot outside the required front lot line setback, except when a lot in the Small-Scale Multi-Unit Housing Zone (RS1) has a detached accessory dwelling unit accessed from a land, fences or walls within the rear lot line setback shall not exceed a height greater than one point eight (1.8) metres. ZBA 1601, 2019 1737, 2024  39 | Consolidated: June 20,2024 .2 Subsection .1.1 shall not apply to open mesh or chain link type fences erected on a cemetery, public playground, park, playfield, elementary or high school area or utility yard. In those cases fences shall not exceed a height of three (3) metres (10 feet). .3 Fences placed on a retaining wall approved by the District Engineer during subdivision or development shall not exceed one point eight (1.8) metres in height. 7.11 Vision Clearance at Intersections In any zone, no fence, wall or structure other than a permitted principal building shall be erected to a greater height than one (1.0) metre (3.0 feet) and no hedge, bush, shrub, tree or other growth shall be maintained or allowed to grow so as to obstruct vision clearance in the area bounded by: .1 The intersecting lot lines at a street corner and a line joining points along the lot lines eighteen (18) metres (60 feet) from their points of intersection. .2 The intersecting lot lines at a lane corner and a line joining points along the lot lines six (6.0) metres (20 feet) from their point of intersection. A lane intersection shall include the intersection of a lane with any other lane or with a street. .3 Notwithstanding any other citing provisions of this Bylaw the construction, reconstruction, alteration, moving or extension of buildings and structures within any zone shall be in conformity with the regulations for the size, shape and citing of buildings and structures specified in this Bylaw, except that no building shall be constructed within a triangular area adjoining an intersection, bounded by four point six (4.6) metres (15.09 feet) of the side property line, and the resulting hypotenuse. 7.12 Home Occupations .1 General Requirements (a) A person may apply for a home occupation by completing an application on the prescribed form and shall include a detailed site plan. (b) Home occupations shall be auxiliary to the single dwelling residential or farm employee residence use on the same lot. (c) A home occupation within the Agricultural Land Reserve shall not be detrimental to any existing or potential farm use on the property. (d) A home occupation use shall only be permitted when the resident(s) of the property is a registered owner of the home occupation business. ZBA 1639, 2020 1737, 2024  40 | Consolidated: June 20,2024 (e) On a lot within the Agricultural Land Reserve, construction of an accessory building or off-street parking to accommodate a home occupation outside of an established farm home plate area shall not be permitted. (f) A home occupation shall not involve external structural alterations to the residential dwelling and the use shall in no way indicate its presence from the exterior of any building, structure, or fence on the lot except for one (1) sign in accordance with the requirements for a home occupation sign as outlined in the District of Kent Sign Bylaw. (g) A home occupation shall not produce excessive noise vibration, smoke, dust, odours, heat glare, litter, noxious uses, traffic congestion, or utilize materials, products that produce inflammable or explosive vapours or gases. (h) Any building containing a dwelling unit shall not be used for any high hazard industrial use as specified in the BC Building Code. .2 Permitted Home Occupation Building Area (a) Any home occupation within the Agricultural Land Reserve must be within the farm home plate area. (b) The maximum building area permitted for a home occupation use including enclosed storage, enclosed business vehicle parking, and enclosed equipment storage, is detailed in Part 7.12.6. (c) Where an accessory building is larger than the permitted maximum building area for a home occupation, the home occupation portion of the building must be delineated using a framed partition wall. (d) Despite the maximum building areas specified in Part 7.12.6, a higher density home occupation use, as measured by the maximum building area, is permitted on lands within the Agricultural Land Reserve that exceed 0.8 hectares (2 acres) as follows: i. up to a maximum of 325.16 square metres (3,500 square feet) in return for payment of a cash amenity of $10,000; or ii. up to a maximum of 557.42 square metres (6,000 square feet) in return for payment of a cash amenity of $30,000; or iii. up to a maximum of 696.77 square metres (7,500 square feet) in return for payment of a cash amenity of $75,000; or iv. up to a maximum of 929.03 square metres (10,000 square feet) in return for payment of a cash amenity of $200,000. 41 | Consolidated: June 20,2024 (e) Amenity payments received for a density bonus shall be payable at the earlier of the time of issuance of a building permit or business licence for a home occupation use and shall be used for downtown façade improvements, farm recycling services and other analogous purposes designed to offset the impact of greater density for commercial or industrial uses in agricultural or rural areas. (f) For certainty, where at any time an applicant seeks a building permit or a business licence for an additional density bonus in excess of that authorized by a previous amenity contribution made with respect to the same lands, only the incremental cash amenity contribution is required to be paid. .3 Unenclosed Storage (a) Any unenclosed storage of a home occupation within the Agricultural Land Reserve must be within the farm home plate area. (b) The maximum unenclosed storage area permitted for a home occupation use is detailed in Part 7.12.6. (c) Unenclosed storage is not permitted within the setback area. .4 Non-Resident Employees (a) The maximum number of non-resident employees permitted for a home occupation use is detailed in Part 7.12.6. .5 Off - Street Parking - Business Vehicles (a) Any off-street parking of a home occupation within the Agricultural Land Reserve must be within the farm area. (b) Off-street parking shall be provided for the home occupation use such that no customer vehicles, business vehicles, or employee vehicles are parked on the street. (c) Unless otherwise stated business vehicle(s) shall not exceed 3,900 kg. curb weight. (d) The maximum number of business vehicle(s) permitted for a home occupation use is detailed in Part 7.12.6. .6 Permitted Number of Home Occupations The following tables list permitted home occupations with associated regulatory requirements Table 7.12.6(a) Permitted Home Occupations - Artist studio - Non-medical business and professional office - Business office for consultant, contractor - Personal service 42 | Consolidated: June 20,2024 Table 7.12.6(a) Permitted Home Occupations # Permitted A maximum of one (1) home occupation is permitted Zones CD1, RH, RM1, RM2, and CD2 multiple-dwelling residential use zones Lot Size No restrictions Location Home occupation shall be conducted entirely within the residential dwelling Building Area Shall occupy less than twenty percent (20%) of the floor area of the unit or residential dwelling not to exceed 19 square metre (200 square feet) Unenclosed Storage Not permitted Non- Resident Employees 0 Business Vehicles 1 Maximum Off-Street Parking For required off-street parking spaces see Part 7.17 of this Bylaw Conditions of Use A maximum of two (2) customers / clients are permitted to attend the home occupation at one time Table 7.12.6(b) Permitted Home Occupations - Art gallery and framing shop - Artists studio - Assembly or repair of small appliances, audio/visual equipment, office equipment, computers, clocks, musical instruments, alarm systems and electronic equipment - Business and professional offices such as medical, accounting, insurance - Business office for consultant, contractor, direct marketing, catalogue sales, telemarketing - Construction contractor (office) - Daycare with a maximum of 8 children - Furniture repair and upholstery - Graphics design studio - Home teaching or tutoring service with a maximum of 5 students at one time - Music studio - Locksmith, tinsmith, gunsmith, goldsmith, lock/watch repair - Non-motorized bicycle repair - Personal service - Production of artisan crafts including sale of these items on the same lot - Print shop - Recreation equipment rentals limited to the rental of motored and unmotored recreational equipment - Repair and servicing household appliances - Shoe repair, tailor shop - Ski and snow board repair 43 | Consolidated: June 20,2024 Table 7.12.6(b) Permitted Home Occupations # Permitted A maximum of one (1) home occupation is permitted with the opportunity for an additional home occupation provided that there is no increase in the home occupation building area, enclosed storage area, non-resident employees, and permitted business vehicles Zones A, A1, MR, RR1, RR2, RR3 RS1, RL, and CD2 (excluding multiple- dwelling residential use) Lot Size No restrictions Location For RS1, RL, and CD2 zoned lots and A, A1, MR, RR1, RR2, and RR3 zoned lots less than 0.1 hectares (0.25 acres), the home occupation shall be conducted entirely within the residential dwelling For A, A1, MR, RR1, RR2, RR3 zoned lots equal to or greater than 0.1 ha (0.25 acres), a home occupation may be conducted within the residential dwelling and or within a maximum of one accessory building Building Area For RS1, RL and CD2 zoned lots - shall occupy less than twenty percent (20%) of the floor area of the residential dwelling not to exceed 46 square metres (495 square feet) For A, A1, RR1, RR2, RR3 and MR zoned lots less than 0.2 hectares (0.5 acres) Shall not exceed 75 square metres (807 square feet) and shall occupy less than twenty percent (20%) of the floor area of the residential dwelling For A, A1 MR, RR1, RR2, and RR3 zoned lots equal to or greater than 0.2 hectares (0.5 acres) Shall not to exceed 140 square metres (1,507 square feet) and shall occupy less than thirty percent (30%) of the floor area of the residential dwelling See Part 7.12.2(d) for higher density home occupation opportunities Unenclosed Storage Not permitted RS1, RL, and CD2 zones Not permitted A, A1, RR1, RR2, RR3, and MR zoned lots less than 0.2 hectares (0.5 acres) 50 square metres (538 square feet) A, A1, RR1, RR2, RR3, and MR zoned lots equal to or greater than 0.2 hectares (0.5 acres) Non- Resident Employees 1 All zones 2 A, A1, RR1, RR2, RR3 and MR zoned lots less than 0.2 hectares (0.5 acres) 44 | Consolidated: June 20,2024 Table 7.12.6(b) Permitted Home Occupations 4 A, A1, MR, RR1, RR2, and RR3 zoned lots equal to and greater than 0.2 hectares (0.5 acres) Business Vehicles 1 All zones 2 Recreation equipment rentals - maximum of one (1) business vehicle that shall not exceed 3,900 kg curb weight and a maximum of one (1) business related trailer up to 4.88 metres (16 feet) in length (not including hitch) provided that it is demonstrated that the trailer is used for secure storage and transport of business related equipment 2 Construction contractor (office) on lots less than 0.1 hectares (0.25 acres) - maximum of one (1) business vehicle that shall not exceed 3,900 kg curb weight and a maximum one (1) business vehicle trailer with a maximum length of 4.88 m (16 feet) (not including hitch) provided that it is demonstrated the trailer is used for secure storage and transport of business related equipment and or materials 3 Construction contractor (office) on lots equal to and greater than 0.1 ha (0.25 acres) - maximum of (3) business vehicles that shall not exceed 3,900 kg curb weight. Business vehicle trailer is limited to a maximum length of 4.88 metres (16 feet) in length (not including hitch) provided that it is demonstrated the trailer is used for secure storage and transport of business- related equipment and or materials Off-Street Parking For required off-street parking spaces see Part 7.17 of this Bylaw Table 7.12.6(c) Permitted Home Occupations - Construction contractor - Wholesale bakery # Permitted A maximum of one (1) home occupation is permitted with the opportunity for an additional home occupation provided that there is no increase in the home occupation building area, enclosed storage area, non-resident employees, and permitted business vehicles Zones A, A1, MR, RR1, RR2, RR3 Lot Size Minimum lot size of 0.4 hectare (1.0 acre) Location The home occupation may be conducted within the residential dwelling and or within a maximum of one accessory building 45 | Consolidated: June 20,2024 Table 7.12.6(c) Permitted Home Occupations Building Area For lots equal to or greater than 0.4 hectares (1.0 acre) but less than 0.8 ha (2 acres) Shall not to exceed 140 square metres (1,507 square feet) and shall occupy less than thirty percent (30%) of the floor area of the residential dwelling For lots equal to or greater than 0.8 hectares (2 acres) - Shall not to exceed 234 square metres (2,518 square feet) and shall occupy less than thirty percent (30%) of the floor area of the residential dwelling See Part 7.12.2(d) for higher density home occupation opportunities Unenclosed Storage 150 square metres (1,614 square feet) Non- Resident Employees 2 Wholesale bakery 6 Construction contractor Business Vehicles 2 Wholesale bakery 6 Three (3) of the business vehicles can be in excess of 3,900 kg curb weight Off-Street Parking For required off-street parking spaces see Part 7.17 of this Bylaw Conditions of Use The owner may be required to register a Section 219 restrictive covenant against the property title at the Land Title Office which will specify the home occupation details submitted in the application form and accompanying site plan Table 7.12.6(d) Permitted Home Occupations - Mobile mechanic - Mobile welder # Permitted A maximum of one (1) home occupation is permitted with the opportunity for an additional home occupation provided that there is no increase in the home occupation building area, enclosed storage area, non-resident employees, and permitted business vehicles Zones A, A1, MR, RR1, RR2 Lot Size Minimum lot size of 0.8 hectares (2.0 acres) Location The home occupation must be conducted entirely within the residential dwelling Building Area Shall occupy less than twenty percent (20%) of the floor area of the residential dwelling not to exceed 46 square metres (495 square feet) 46 | Consolidated: June 20,2024 See Part 7.12.2(d) for higher density home occupation opportunities Unenclosed Storage 100 square metres (1,075 square feet) Non-Resident Employees 4 Business Vehicles 4 Three (3) of the business vehicles can be in excess of 3,900 kg curb weight Off-Street Parking For required off-street parking spaces see Part 7.17 of this Bylaw Conditions of Use - The owner may be required to register a Section 219 restrictive covenant against the property title at the Land Title Office which will specify the home occupation details submitted in the application form and accompanying site plan - Home occupation is limited to an office use only. An accessory building is not permitted as any part of the business, including business vehicle parking Table 7.12.6(e) Permitted Home Occupations - Inboard / outboard watercraft sale, maintenance, repair and manufacturing - Farm equipment sale, maintenance, repair and manufacturing # Permitted A maximum of one (1) home occupation is permitted with the opportunity for an additional home occupation provided that there is no increase in the home occupation building area, enclosed storage area, non-resident employees, and permitted business vehicles Zones A, A1, MR, RR1, RR2 Lot Size Minimum lot size of 1.6 hectares (4.0 acres) Location The home occupation may be conducted within the residential dwelling and or within a maximum of one accessory building Building Area Shall not to exceed 234 square metres (2,518 square feet) and shall occupy less than thirty percent (30%) of the floor area of the residential dwelling See Part 7.12.2(d) for higher density home occupation opportunities Unenclosed Storage 200 square metres (2,152 square feet) Non- Resident Employees 6 47 | Consolidated: June 20,2024 Table 7.12.6(e) Permitted Home Occupations Business Vehicles 6 Three (3) of the business vehicles can be in excess of 3,900 kg curb weight Off-Street Parking For required off-street parking spaces see Part 7.17 of this Bylaw Conditions of Use - The owner may be required to register a Section 219 restrictive covenant against the property title at the Land Title Office which will specify the home occupation details submitted in the application form and accompanying site plan - All work shall be performed indoors and not more than six (6) pieces of equipment associated with the home occupation may be located outside within the maximum permitted unenclosed storage area for a maximum of seven (7) days immediately prior to and after the work being conducted Table 7.12.6(f) Permitted Home Occupations - Transport truck owner/operator # Permitted A maximum of one (1) home occupation is permitted with the opportunity for an additional home occupation provided that there is no increase in the home occupation building area, enclosed storage area, non-resident employees, and permitted business vehicles Zones A, A1, MR, RR1, RR2 Lot Size Minimum lot size of 1.6 hectares (4.0 acres) Location The home occupation must be conducted entirely within the residential dwelling Building Area Shall not to exceed 234 square metres (2,518 square feet) and shall occupy less than thirty percent (30%) of the floor area of the residential dwelling Unenclosed Storage Not Permitted Non- Resident Employees 0 Business Vehicles 1 Business vehicle can be in excess of 3,900 kg curb weight A tractor-trailer (semi-truck and semi-trailer combination) is considered one (1) business vehicle Off-Street Parking For required off-street parking spaces see Part 7.17 of this Bylaw 48 | Consolidated: June 20,2024 Table 7.12.6(f) Permitted Home Occupations Conditions of Use - The owner may be required to register a Section 219 restrictive covenant against the property title at the Land Title Office which will specify the home occupation details submitted in the application form and accompanying site plan - Home occupation is limited to an office use only. An accessory building is not permitted as any part of the business including, business vehicle parking (g) For the following lot(s), seasonal storage of inboard/outboard watercrafts associated with Inboard / outboard watercraft sale, maintenance, repair and manufacturing home occupations shall be permitted within the maximum permitted unenclosed storage area: PID 012-733-482 Lot 17 Section 20 Township 3 Range 28 West of the Sixth Meridian New Westminster District Plan 2516. (h) For the following lot(s), a garbage contractor home occupation, not exceeding four (4) business vehicles, three (3) of which can be in excess of 3,900 kg curb weight: PID: 002-478-641 Lot 2 Section 35 Township 3 Range 29 West of the Sixth Meridian New Westminster District Plan 60452. .7 Non-Permitted Uses (a) Non permitted home occupation uses are those not specifically listed as well as the following: Table 7.12.7(b) Non - Permitted Home Occupations - automotive wrecking and salvage yards - beverage bottling and distribution; - building supply and lumber yard - cold storage facilities, ice manufacturing plants, frozen food lockers - cabinet makers and furniture manufacturers - restaurants, ice cream parlours, coffee and beverage facilities - sales of motor vehicles, recreational vehicles, farm vehicles, machinery, motorized garden equipment, and inboard / outboard watercrafts - sales and storage of bulk propane, heating oil, petroleum products, and other combustible fuels 49 | Consolidated: June 20,2024 7.13 Short-term Rentals .1 All short-term rental uses shall: (a) comply with the licencing requirements of the Business Licencing and Regulation Bylaw and amendments hereto. (b) comply with the off-street parking requirements in Part 7.17 of this Bylaw and amendments hereto. (c) not be simultaneously used for the keeping or roomers or boarders. (d) not be permitted in combination with another short-term rental use. (e) have no more than one (1) sign as prescribed in the Sign Bylaw. (f) have operators that ensure guests do not create any form of nuisance for surrounding residents, including, but not limited to noise, light or traffic that is disruptive to the surrounding residents' quiet enjoyment of their property. (g) where proposed on land within the Agricultural Land Reserve, comply with the Agricultural Land Commission Act, and all regulations and orders of the Commission. (h) where an area is not served by an approved sewer systems, require approval of the method by which sewage is to be disposed by the Fraser Health Authority. (i) be established and maintained in accordance with all applicable regulations and requirements of the BC Building Code, Fire Code, and all other pertinent health and safety regulations, and all subsequent amendments and revisions thereof. Table 7.12.7(b) Non - Permitted Home Occupations - electronic games arcades, bowling lanes, billiard and pool halls - fertilizer, ammunition, and explosive plants - laboratories - laundries and dry-cleaning facilities - leisure and fitness facilities, recreation facilities - maintenance and repair shops for motor vehicles, recreational vehicles, and farm vehicles - private schools - second-hand stores, antique shops, and thrift shops - storage facility - taxi or courier service - taxidermy, tanneries and abattoirs - tire sales and rebuild facilities - trucking yard - veterinary clinics, pet breeding and animal hospitals, boarding kennels - welding shops - wineries, breweries, and distilleries ZBA 1726, 2023 1730, 2024  50 | Consolidated: June 20,2024 (j) A short-term rental use is not permitted within an accessory dwelling unit on a lot within the Agricultural Land Reserve. .2 In addition to Part 7.13.1, a short-term commercial accommodation (guest unit) use shall: (a) be located within and be accessory to a single-dwelling residential use. (b) have the operator on site at all times during the lodging period. (c) be limited to one (1) less than the total number of bedrooms in the dwelling unit, not to exceed four (4) bedrooms in total. (d) have a maximum of six (6) guests per lodging period. .3 In addition to Part 7.13.1, a short-term commercial accommodation (principal residence) shall: (a) have not more than five (5) bedrooms within the dwelling unit. (b) have a maximum of (10) guests permitted per lodging period. (c) only have one short-term rental dwelling unit per lot. 7.14 Farm Home Plate The following farm home plate regulations shall apply to all lots within the Agricultural Land Reserve and are subject to the provisions of the Agricultural Land Commission Act (ALCA). .1 General (a) With the exception of Part 7.14.1 (c), all lots within the Agricultural Land Reserve, the farm residence, accessory dwelling unit, home occupation, and all accessory residential facilities must be located within the farm home plate area. (b) Any buildings or structures containing a non-farm use must be sited completely within the farm home plate. (c) Farm home plate requirements do not apply to lots that are exempt from the ALCA restrictions on the use of agricultural land. (d) A Development Variance Permit may be considered where it can be demonstrated that the variance improves the agricultural suitability of the lot. (e) A Development Variance Permit is not required for a floor area variance when approved by the Agricultural Land Commission. .2 Regulations ZBA 1489, 2012, 1726, 2024  51 | Consolidated: June 20,2024 (a) For the purposes of Part 7.14.2, Table 7.14, an attic means the unfinished space between the roof and the ceiling of the top storey of a building or between a partial wall and a sloping roof. This exception only applies if this unfinished space is created by the use of roof trusses. The unfinished attic space created by the use of attic trusses or rafters in the construction of a residence is not excluded from the calculation of total floor area. (b) For the purposes of Part 7.14.2, Table 7.14 a basement means a space below the first floor with a vertical height of more than 1.8 metres, and having more than one- half its vertical height below the average finished grade at the perimeter of a building that does not extend beyond the outer surface of the exterior wall of the first floor. Table 7.14 Element Regulation Farm Home Plate Area (Maximum) Farm residence Detached accessory dwelling unit or home occupation within an accessory building 0.5 acres (2,023 square metres) Additional 0.25 acres (1,000 square metres) and does not have to be contiguous with remainder of the farm home plate area Depth (maximum) Measured from a dedicated road, or if the road is not dedicated, measured from the constructed road 60 metres (196.85 feet) with one boundary of the farm home plate located at a property fronting on a road from which vehicular access is obtained. Setbacks (minimum) Rear of the farm home plate All lot lines 10 metres (32.81 feet) from the rear face of a farm residence or a detached accessory dwelling unit Subject to established setbacks of zone Floor Area (maximum) Farm Residence (see gross floor area definition) A detached accessory dwelling unit (see floor area - accessory dwelling unit definition) 500 square metres (5,382 square feet) 90 square metres (968 square feet) on lots less than 40 hectares 52 | Consolidated: June 20,2024 7.15 Licensed Kennels .1 A kennel shall not be permitted on a lot smaller than 0.5ha (1.2 acres) in area. .2 A kennel operation shall not cover more than 30% of the lot, including all buildings related to the kennel use, and shall be limited to a maximum of 20 dogs/hectare (8 dogs/acre), and 40 cats/hectare (16 cats/acre). .3 All buildings used in connection with a licensed kennel shall be constructed in accordance with the Building Bylaws of the District of Kent and shall contain at least 8 cm of insulation in all exterior walls and ceilings for the purpose of soundproofing. .4 Licensed kennels shall contain an inter-communication system between the service area and all pens and runs which is capable of transmitting any sounds or noises emanating from the pens and runs to the service area and capable of transmitting the voice of the operator or other staff from the service area to the pens and runs for the purpose of voice control of the animals being kept therein. .5 The outside perimeter of all areas of licensed kennels where animals are kept shall be enclosed by a solid fence or a solid hedge at least 1.8 metres in height to screen the areas from adjacent properties. .6 All buildings, pens and runs where animals are kept in connection with a licensed kennel shall; i. be located not less than 15 metres (50 feet) from any property line; and ii. be located not less than 90 metres (300 feet) from residence other than that occupied by the operator of the kennel or an employee thereof. Table 7.14 Element Regulation 186 metres (2,000 feet) on lots 40 hectares or greater Floor Area Exemptions (Maximum) Farm Residence Detached accessory dwelling unit 42 square metres (452 square feet) cumulative for attached garages and unenclosed carports Attics, basements, and crawl spaces Attached garages if the accessory dwelling unit occupies the second storey above a one-storey garage Attics and crawl spaces ZBA 1395, 2008  53 | Consolidated: June 20,2024 7.16 Bicycle Parking .1 Standards for Bicycle Parking Spaces .1 Each bicycle parking space must be accessible to a highway or vehicle parking lot via an access aisle that is not less than 1.2 metres in width. .2 Bicycle parking spaces must be at least 0.8 metres in width and 1.8 metres in length with a minimum overhead clearance of 1.2 metres. .3 Bicycle parking spaces must include a fixed structure that supports the bicycle frame in a stable position without damage to the wheels, frame or components and that enables the frame and both wheels to be locked to the structure by the cyclist's own locking device. .4 Bicycle parking spaces are to be located at the primary entrance to the building or use being served. .2 Required Number of Bicycle Parking Spaces The minimum number of off-street parking spaces for each use shall be as follows: Use Number of Spaces All commercial uses within a CT-1 and CT-2 zone 1 space per 250 square metres (2,690 square feet) of gross floor space All apartment uses within a CT-2 zone, RM-1, and RM-2 zone 1 space for every 5 dwelling units 7.17 Off-Street Parking Subject to the provisions of Section 7.17.1, when any development takes place on any lot, off- street parking shall be provided and maintained in accordance with the regulations contained in this section. .1 Existing Buildings, Structures and Uses The regulations contained in this section shall not apply to buildings, structures or uses existing on the effective date of this Bylaw, except that: .1 Unless otherwise specified, off-street parking shall be provided and maintained in accordance with Subsection 7.17.10 for any addition to such existing building or structure, or any change or addition to such existing use. ZBA 1240, 2002 1395, 2008 1489, 2002 1580, 2017 1602, 2018 1622, 2019 1625, 2019 1626, 2019 1639, 2020 1655, 2020 1698, 2022 1715, 2023 1737, 2024  54 | Consolidated: June 20,2024 .2 Unless otherwise specified, off-street parking existing on the effective date of this Bylaw shall not be reduced below the applicable off-street parking requirements of Subsection 7.17.10. .3 When an existing building or structure within the Commercial - Town Centre designated lands identified in the District's Official Community Plan undergoes a change in commercial use and additional off-street parking is required, the requirement to provide the additional parking is waived, unless the floor area of the existing building is being increased. .2 Voluntary Establishment of Parking Facilities Where off-street parking facilities are provided when not required, the location, design and operation of such facilities shall comply with all the regulations of this section. .3 Units of Measure .1 Where gross floor area is used as a unit of measurement for the calculation of required parking spaces, it shall include the floor area of accessory buildings and basements, except where they are used for parking, heating or storage. .2 Where number of employees is used as a unit of measurement, it shall mean the greatest number of persons at work, at any time of the day or night, in a particular building or for a particular use during any season of the year. .3 Where a seating accommodation is used as a unit of measurement, and such accommodation consists of benches, pews, booths and the like each zero point five (0.5) metres (1.5 feet) of width of such seating accommodation shall be counted as one seat. .4 When the calculation of parking requirements results in a fractional parking space, one parking space the number of parking spaces required shall be rounded to the nearest whole number. For example 6.4 will round to 6.0 and 6.5 will round to 7.0. .4 Use of Parking Facilities .1 All required off-street parking spaces shall be used only for the purpose of accommodating the vehicles of clients, customers, employees, members, residents or tenants who make use of the principal building or use for which the parking area is provided, and such parking area shall not be used for off-street loading, driveways, access or egress, commercial repair work, display, sale or storage of goods of any kind. 55 | Consolidated: June 20,2024 .2 All off-street parking spaces shall be provided on the same lot as the building for which such spaces are required, except that where the required spaces cannot be accommodated on the lot by reason of size, shape or siting of the building, for commercial uses in a CT-1 and CT-2 zone, or restaurant uses in zones where they are permitted, spaces reserved specifically for the requirements of such buildings may be located on a separate lot within one hundred and twenty (120) metres (394 feet) of the building; .3 Notwithstanding Subsection 7.17.4.2, an owner or occupier of land or a group of such owners or occupiers may pool their required off-street parking spaces within one or more communal parking compounds and may thereby collectively fulfill the provisions of this section; provided that no part of such communal parking compound shall be more than one hundred and twenty (120) metres (394 feet) from a structure or use which it serves. .4 Where a group of uses is served by a communal parking compound the requirements for such a parking area shall be the sum of the off-street parking requirements for each of the uses served by the parking compound. .5 Location and Siting of Parking Facilities Parking areas located in a front or exterior side yard shall provide a two (2) metre (6.5 feet) width of landscaped area between the parking area and the lot line, except for points of access and egress. .6 Development and Maintenance Standards The location of all points of access and egress to a parking area are subject to the approval of the Municipal Engineer: .1 An off-street parking use accessory to a use other than one or two dwelling residential use: (a) may have access to and egress from a street via not more than two driveways of not less than three (3) metres (10 feet) nor more than seven point six (7.6) metres (25 feet) wide each, provided that one additional driveway may be added for each four hundred and sixty-four point five (464.5) square metres (4998 square feet) except as otherwise permitted by this Bylaw; (b) may have access to and egress from a lane along the entire length of a lot line common to such lane; (c) except for assembly uses, shall have each parking space and all internal access and egress driveways surfaced with asphalt or concrete so as to provide a surface that is durable and dust free and shall be graded and drained as to properly disperse of all surface water. .2 All off-street parking spaces shall have clear measurements as follows: 56 | Consolidated: June 20,2024 Dimension Measurement Length 5.8 metres (19 feet) minimum Width 2.7 metres (9 feet) minimum Height 2.1 metres (7 feet) minimum .3 A maximum of 20% of all off-street parking spaces may be assigned for small motor vehicles, subject to the following dimensions: Dimension Measurement Length 5.5 metres (18 feet) minimum Width 2.4 metres (8 feet) minimum Height 2.1 metres (7 feet) minimum Note: When the calculation of off-street parking requirements for small motor vehicles results in a fractional parking space, one parking space may be provided to meet this fractional requirement. .4 Accessible Parking Where a building is required to be accessible, at least one space or one percent (1%), whichever is greater, of the required parking spaces in any parking area shall be reserved and designated as accessible, and be subject to the following dimensions: Dimension Measurement Length 5.5 metres (18 feet) minimum Width 3.7 metres (12 feet) minimum Height 2.1 metres (7 feet) minimum .5 Maneuvering aisles of not less than the following widths shall be provided: Parking Angle in Degrees Width of Aisle 90 7.0 metres (23 feet) minimum 60 5.5 metres (18 feet) minimum 45 and less 3.9 metres (12 feet 10 inches) minimum 57 | Consolidated: June 20,2024 .7 All parking areas shall be provided with adequate curbs in order to retain all vehicles within such permitted parking areas, and to ensure that required fences, walls, hedges or landscaped areas, as well as any buildings, will be protected from parked vehicles. .8 All parking areas shall be provided with a maintained landscape screen along that portion of the perimeter of any open parking area abutting or opposite any lot in a residential zone. .9 Any lighting used to illuminate any parking area or parking garage shall be so arranged that all direct rays of light are reflected upon such parking area, and not on any adjoining premises. .10 Required Number of Parking Spaces The minimum number of off-street parking spaces for each use shall be as follows: Use Number of Spaces Residential use single family, two family residential 2 spaces per dwelling unit All spaces must be unenclosed, not located within a garage, except in the Small-Scale Multi-Unit Housing Zone (RS1), where spaces can be enclosed subject to the registration of a Section 219 Covenant against a lot's title restricting a garage from being used as a habitable room townhouse (Except RS1) 2 spaces per dwelling unit, plus 1 parking space for visitor parking for every 5 calculated parking spaces. A minimum of 2 visitor spaces must be provided. townhouse (RS1 Zone) 1.5 spaces per dwelling unit townhouse use within the Comprehensive Development 2 (CD2) Zone 2 spaces per dwelling unit, plus 1 parking space for visitor parking for every 5 calculated parking spaces a minimum of 2 visitor spaces must be provided off-street parking stalls shall have a length of 6.0 m and a width of 3.0 m perpendicular to the front face of the garage for dwelling units, 1 parking space may be enclosed 58 | Consolidated: June 20,2024 apartment (Except RS1) 1.0 space per dwelling unit, plus 1 parking space for visitor parking for every 10 calculated parking spaces apartment (RS1 Zone) 1.0 space per dwelling unit mobile home park 1.5 spaces per dwelling unit accessory single-dwelling unit related to non-residential uses 1 additional space per dwelling unit accessory dwelling unit 1 space per dwelling unit in addition to the parking spaces required by the principal residential use row house 2 spaces per dwelling unit Home Occupation home occupations must provide off-street parking spaces to accommodate permitted business vehicles, non-resident employee and customer parking Commercial shopping centers, department stores, and supermarkets exceeding a retail floor area of 929 square metres (9996 square feet) 1 space for each 28 square metres (301 square feet) of gross floor area retail stores and personal service establishments, except as otherwise specified herein, billiard and pool halls 1 space for each 46 square metres (495 square feet) of gross floor area 1 space per 186 square metres (2,000 square feet) of retail storage space restaurants and eating establishments, lunch counters, tea rooms, diners, neighbourhood pubs and other similar establishments for the sale and consumption of food or beverages on the premises 1 space for each five (5) seats drive-in restaurants and take-out service 1 space for each 56 square metres (600 square feet) of gross floor area banks, business, administrative and professional offices 1 space for each 46 square metres (495 square feet) of gross floor area medical or dental offices and clinics 1 space for each 46 square metres (495 square feet) of gross floor area gasoline service stations, motor vehicle sales, recreational vehicle sales 1 space for each 186 square metres (1993 square feet) of gross floor area 59 | Consolidated: June 20,2024 campground, resort lodge, motel or hotel 1 space for each sleeping unit or dwelling unit commercial agricultural 1 space per 93 square metres (1,000 square feet) of gross floor area or 1 per 2 employees on duty, whichever is the greater plus one parking space for each company vehicle used in connection with business conducted on or from the premises short-term rental 1 space per licenced guest unit within the short-term rental property agri-tourism accommodation 1 space per agri-tourism sleeping unit Marina Dependent marina and moorage 1 stall per 20 metres of berths for water craft marine service commercial 1 stall per 2 employees, plus 1 stall for each water craft rental Industrial industrial, manufacturing, or service industrial 1 space per 93 square metres (1000 square feet) of gross floor area or 1 per 2 employees on duty, whichever is the greater plus one parking space for each company vehicle used in connection with business conducted on or from the premises warehousing 1 space per 186 square metres (2000 square feet) of gross floor area plus one parking space for each company vehicle used in connection with business conducted on or from the premises enclosed mini-storage 1 space per 372 square metres (4000 square feet) of gross floor area plus one parking space for each company vehicle used in connection with business conducted on or from the premises 60 | Consolidated: June 20,2024 Public Assembly places of public assembly, including churches, arenas, armouries, art galleries, assembly halls, auditoriums, lodges, and fraternal buildings, community centers, dance halls, exhibition halls, funeral homes and undertaking establishments, gymnasiums, meeting halls, museums, public libraries, stadiums, theatres and similar uses 1 for each 10 seats, or 1 for each 9 square metres (97 square feet) of floor area in areas without fixed seats which are used or intended to be used for public assembly, including playing surfaces places of public assembly, for private educational purposes with a maximum occupancy of 30 people 1 parking space per 20 square metres of floor area Recreational miniature golf courses, gymnasiums, curling rinks, swimming pools, bowling alleys and similar uses 1 space per 56 square metres (600 square feet) Personal Care hospitals, sanitariums and private hospitals 1 space for each 2 staff doctors plus 1 space for each 4 employees plus 1 space for each 5 beds Schools, Public or Private kindergarten, elementary and junior high schools 1 space for each 46 square metres (495 square feet) of gross floor area, plus 4 temporary off-street parking spaces in a designated area near the entrance of a building for the pick-up and drop-off of students senior high schools 1 space for each 46 square metres (495 square feet) of gross floor area plus 1 space for each 10 students, and 4 temporary off-street parking spaces in a designated area near the entrance of a building for the pick-up and drop-off of students Civic civic 1 space for each 46 square metres (495 square feet) of gross floor area Information Note: Notwithstanding the above noted off-street parking requirements, where the Ministry of Transportation approval is required, their standard prevails. 61 | Consolidated: June 20,2024 .2 Not-withstanding Subsection 7.17.10.1, for all buildings within Commercial - Town Centre designated lands identified in the District Official Community Plan, the number of required parking spaces is reduced by 35% for all Commercial uses excluding motel, hotel, service stations, motor vehicle sales and recreation vehicle sales uses. .3 For multi-dwelling developments with a housing agreement to provide affordable, below market rental housing, the minimum parking requirements may be reduced by 20%. .11 Off-Street Parking Restrictions .1 Off-street parking shall not protrude onto public property or a dedicated public right-of-way. .2 Unless otherwise permitted, off-street parking of business vehicles in excess of 6.1 metres (20 feet) in length or curb weight of 3,900 kilograms (8,598 pounds) is only permitted on lots zoned for a business use and when the vehicle(s) is part of the authorized business. .3 Unless otherwise permitted, off-street parking shall not be used for unenclosed parking or storing of derelict or wrecked motor vehicles in all zones except commercial, industrial, and resource management zoned lots where they are necessary as part of the authorized business on the lot. .4 Subject to Council Approval, off-street parking of an emergency response vehicle in excess of 6.1 metres (20 feet) in length or curb weight of 3.900 kilograms (8.598 pounds) may be permitted on a residential zoned lot occupied by the operator/owner of the emergency vehicle subject to suitable off-street parking space being available on the lot. .12 Required number and type of EV Charger .1 the minimum number of EV Chargers provided for each use shall be as follows: Use Type and Number of EV Charger Residential use single family, two family residential energized outlets capable of delivering level 2 (240 volts) charging or higher, including all electrical equipment, shall be installed to service a minimum of 1 required off-street parking space townhouse energized outlets capable of delivering level 2 (240 volts) charging or higher, including all electrical equipment, shall be installed to service a minimum of 1 required Off-Street Parking Space (excluding visitor parking) 62 | Consolidated: June 20,2024 apartment energized outlets capable of delivering level 2 (240 volts) charging or higher, including all electrical equipment, shall be installed to service a minimum of 25% of all off-street parking spaces (excluding visitor parking) raceways or conduit, with drawstrings, capable of providing level 2 (240 volts) charging or higher, including all electrical equipment, shall be installed to service all off-street parking spaces (excluding visitor parking) This requirement includes raceways for the feeder cabling to the panel board location row house use energized outlets capable of delivering level 2 (240 volts) charging or higher, including all electrical equipment, shall be installed to service a minimum of 1 required off-street parking space 7.18 Off-Street Loading Subject to the provisions of Section 7.18.1, when any development takes place on any lot, off- street loading shall be provided and maintained in accordance with the regulations contained in this section. .1 Existing Buildings, Structures and Uses The regulations contained in this section shall not apply to buildings, structures or uses existing on the effective date of this Bylaw, except that: .1 Off-street loading shall be provided and maintained in accordance with the section where there is a change in the principal use, or where the total floor area is increased in excess of 10 percent (10%) over the existing floor area. .2 Off-street loading existing on the effective date of the Bylaw shall not be reduced below the applicable off-street loading requirements of this section. .2 Unit of Measurement When calculating off-street loading requirements, the gross floor area shall include the floor area of accessory buildings or basements, except where they are used for parking. .3 Mixed Uses In the case of mixed uses, the total requirements for off-street loading facilities shall be the sum of the requirements for the various uses calculated separately. .4 Location and Siting of Loading Facilities ZBA 1240, 2002 1466, 2010  63 | Consolidated: June 20,2024 Off-street loading spaces and facilities shall be located: .1 on the same lot as the use served. .2 not within the required front yard, except for lots in a CT-1 zone, and lots in any zone that are immediately adjacent to the Canadian Pacific Railway line. .3 not closer than 7.5 metres (25 feet) to the nearest point of intersection of any two street allowances. .5 Development and Maintenance Standards The location of all points of access and egress to a loading area shall be subject to the approval of the Municipal Engineer, and: .1 All off-street loading spaces shall be of adequate size, and with adequate access thereto, to accommodate the types of vehicles which will be loading and unloading, but in no case shall be insufficient to accommodate a vehicle 10.7 metres (35 feet) in length, 3.7 metres (12 feet) in width and 4.4 metres (14.5 feet) in height. .2 All loading areas shall be provided with adequate curbs in order to retain all vehicles within such permitted loading areas, and to ensure that required fences, walls, hedges or landscaped areas, as well as any buildings, will be protected from parked vehicles. .3 Each loading space shall be surfaced with an asphalt, concrete, or similar pavement so as to provide a durable, dust free surface, and shall be so graded and drained as to properly dispose of all surface water. .4 Any lighting used to illuminate any loading area shall be so arranged that all direct rays of light are reflected upon the loading area, and not on any adjoining premises. .6 Required Off-Street Loading Spaces .1 On every site used as a retail store, business, industry, warehouse or other similar use, the minimum number of spaces shall be as follows: Total Gross floor area of Building(s) Spaces Required Less than 2800 metres (30,130 square feet) 1 2800 square metres (30,130 square feet) to 5600 square metres (60,260 square feet) 2 .2 A building for a civic use involving the movement of goods and materials by truck shall provide not less than one off-street loading space on the lot. 64 | Consolidated: June 20,2024 7.19 Flood Control Provisions .1 Flood control provisions are contained with the District of Kent Floodplain Bylaw No. 1590, 2018 and its amendments. 7.20 Use of Water Surfaces .1 No building or structure located over a water surface may be used as a dwelling or for the wharfage of a vessel used as a dwelling, except this restriction does not apply to temporary wharfage of transient vessels, to licensed commercial fishing boats or to the use of one vessel as a dwelling for security personnel at a public docking facility. 7.21 Tank Vehicle Storage Use Where tank vehicle storage use is permitted, parking or storage of tank vehicles shall be: .1 within an area bounded on all sides by a wall or fence of not less than 1.5 metres (5 feet) in height, restricting access to the tank vehicle; .2 within an area fully illuminated from dusk to dawn; .3 established and maintained in accordance with all applicable regulations and requirements of the Fire Code, the Gas Act and the Propane Installation Code, and all subsequent amendments and revisions thereof; and .4 setback not less than 7.5 metres (25 feet) from any building or structure; or .5 setback not less than 15 metres (50 feet) from any building or structure used for assembly, institutional or multi-family residential occupancy. 7.22 Shipping Containers .1 Notwithstanding Section 7.8 Temporary Buildings, the use of a shipping container is only permitted as: (1) a principal or auxiliary use in the Agricultural (A) zone if the property is classified as a farm under the Assessment Act; (2) an auxiliary use in the: a. Park, Recreation Open Space (P2) zone if the property is; b. Institutional (P1) zone if the property is used for a 'school use'; c. Light Industrial (M1), Heavy Industrial (M2), Special Industrial (M3); .2 Where permitted, shipping containers shall be: (1) subject to a building permit upon installation and relocation on site; ZBA 1601, 2019  ZBA 1447, 2009, 1501, 2013, 1602, 2018 1726, 2023  65 | Consolidated: June 20,2024 (2) only used for storage of materials related to approved uses on the site except for shipping containers in the A zone which may be used for an agricultural use or storing a licensed and non-licensed farm equipment and vehicles required for the approved uses within the A zone; (3) only painted in common colours that are complementary to existing site buildings; (4) considered part of the maximum permitted unenclosed storage area within the M1, M2 and M3 zones and part of the maximum permitted accessory building area within the A and P2 zones; .3 Shipping containers shall not be: (1) stacked or placed above ground level; (2) located in a required parking area and shall not encroach into a required landscape buffer; (3) used for the purpose of: a. storing a licensed vehicle within the M1, M2, M3, P1, and P2 Zones; b. screening or fencing; c. enclosed rental storage units; (4) placed for the purpose of display or advertising; .4 Regulations: The following regulations contained in Table 7.22 apply to shipping containers: Table 7.22 Element Regulation Lot Size (Minimum) M1, M2, M3, and P1 zones A and P2 zones not applicable equal to or greater than 0.8 hectares (2.0 acres) Height (maximum) A, M1, M2, M3, P1, and P2 zones 3.28 metres (10 feet) Length (maximum) A, M1, M2, M3, P1, and P2 zones 12.2 metres (40 feet) Setbacks (minimum) A, M1, M2, M3, P1, and P2 zones Subject to established accessory building setbacks for each zone 66 | Consolidated: June 20,2024 7.23 Cannabis Production in the Agricultural Land Reserve .1 Any lawful cannabis cultivation facility, micro-cannabis cultivation facility, or associated farm-related commercial and farm-related industrial uses shall: (a) be licensed by the Government of Canada and have all required provincial licences, permits, and approvals. (b) whether outdoors or within a lawful building or structure, be setback a minimum of: All lot lines 30 metres Parks and schools 150 metres Non-ALR residential uses 60 metres Well 30 metres Riparian Area 30 metres (c) require stormwater and agricultural liquid waste management plans where the total impervious area of buildings and structures exceeds 3,700 square metres (approximately 40,000 square feet). (d) excluding associated farm-related commercial and farm-related industrial, not exceed the maximum lot coverage of 35%. .2 Any lawful cannabis cultivation facility or associated farm-related commercial and farm-related industrial uses with a floor area greater than 900 square metres may be required to provide an Agricultural Impact Assessment. Units (maximum) M1, M2, M3, P1, and P2 zones A zone (lots equal to 2.0 acres to 4.99 acres) A zone (lots equal to 5.0 acres or greater) 10% of the total lot area or 5 containers, whichever is less 2 containers 5 containers Screening M1, M2, M3 and A zones P1 and P2 zones screened from view from abutting residential and commercial properties screened from view from the street and abutting residential and commercial properties ZBA 1698, 2022  67 | Consolidated: June 20,2024 .3 Farm-related commercial and farm-related industrial uses associated with a lawful cannabis cultivation facility or micro-cannabis cultivation facility shall: (a) not exceed the following maximums lot coverage: Lots greater than 4 ha: 5% Lots equal to or less than 4 ha: 0.2 ha (b) have a valid business licence. .4 A lawful indoor micro-cannabis cultivation facility and associated farm-related commercial and farm-related industrial uses is permitted and shall not exceed the maximum floor area of 900 square metres. 7.24 Agri-tourism Accommodation Use .1 The following regulations contained shall apply for an agri-tourism accommodation use: (a) A person must apply for an agri-tourism accommodation use by completing an application on the prescribed form and shall include a detailed site plan. (b) An agri-tourism accommodation use shall only be permitted when the resident(s) of the property is the operator of the agri-tourism accommodation business. (c) The property owner may be required to register a Section 219 restrictive covenant against the property title at the Land Title Office which will specify the agri-tourism accommodation use details submitted in the application form and accompanying site plan. (d) An agri-tourism accommodation use shall not: i. provide cooking facilities within individual sleeping units. ii. be permitted in a vehicle. iii. include storage of recreational vehicles. (e) An agri-tourism accommodation use shall: i. be accessory and subordinate to a legitimate agriculture operation. The intent is to augment or subsidize and not replace or compete with farm income. ii. be contiguous as possible and located to minimize the impacts on arable land, recognizing that the use is intended to support agriculture and not replace it. iii. be located on a lot that is classified as a farm under the Assessment Act. ZBA 1698, 2022  68 | Consolidated: June 20,2024 iv. have operators that ensure guests do not create any form of nuisance for surrounding residents, including, but not limited to noise, light or traffic that is disruptive to the surrounding residents' quiet enjoyment of their property. v. comply with the ALC Act and regulations. vi. comply with the licencing requirements of the Business Licencing and Regulation Bylaw. vii. be established and maintained in accordance with all applicable regulations and requirements of the BC Building Code, Fire Code, and all other pertinent health and safety regulations, and all subsequent amendments and revisions thereof. (f) An operator of an agri-tourism accommodation use shall: i. not register or accommodate more parties of guests than there are agri- tourism sleeping units. ii. maintain all equipment in a clean, safe, and sanitary condition. iii. ensure all refuse and garbage is placed in receptacles provided for that purpose. (g) Zones i. An agri-tourism accommodation use is permitted on properties within the Agricultural Land Reserve subject to meeting Part 7.24 of the Zoning Bylaw. (h) Form i. An agri-tourism sleeping unit is permitted in the form of: 1. An area used for sleeping located in a cabin or other structure, excluding a residence. 2. A recreational vehicle or tent or other similar structures located on an agri-tourism campsite or agri-tourism RV campsite. (i) Minimum lot size i. An agri-tourism accommodation use is permitted on lots equal to or greater than 0.8 hectares. (j) Maximum number of sleeping units i. The maximum number of agri-tourism sleeping units shall be permitted according to the following table: 69 | Consolidated: June 20,2024 Lot size Agri-tourism sleeping units Less than 0.8 hectares 0 0.8 - 1.9 hectares 1 2.0 - 3.9 hectares 4 4.0 - 5.9 hectares 5 6.0 hectares or greater 6 ii. When a short-term rental is present on the lot, the number of agri-tourism sleeping units permitted is reduced by the number of sleeping units of the short-term rental use. (k) Maximum sleeping unit size i. The maximum size of an agri-tourism sleeping unit shall be permitted according to the following table: Agri-tourism sleeping unit form Maximum size per unit Cabin or other structure (including washroom facilities within the agri- tourism sleeping unit) 35 square metres Agri-tourism campsite or agri-tourism RV campsite 100 square metres (l) Maximum site coverage i. The maximum site coverage for an agri-tourism accommodation use is less than 5% of a lot. ii. Site coverage for an agri-tourism use is counted towards the permitted site coverage for farm-related commercial and farm-related industrial uses. (m) Location i. Setbacks for an agri-tourism accommodation use shall be in accordance with the following table: Setbacks Minimum setback from all interior and rear lot lines for: Cabin or other structure Agri-tourism campsite or 3 metres 70 | Consolidated: June 20,2024 agri-tourism RV campsite 10 metres Maximum setback from all lot lines 60 metres ii. An agri-tourism accommodation use shall comply with the District of Kent's Floodplain Bylaw. (n) Access i. Driveway and parking areas for an agri-tourism accommodation use shall be permeable. ii. Where applicable, access approval must be received from the District of Kent or the Ministry of Transportation and Infrastructure before an agri-tourism accommodation is established. (o) Buffer i. An agri-tourism campsite or agri-tourism RV campsite must be screened by an approved fire-resistant fence not less than 1.8 metres in height or landscape screen not less than 2.5 metres in height within the required 10 metre setback. (p) Parking i. See Part 7.17 of this bylaw for agri-tourism accommodation use parking regulations. (q) Signs i. See the District of Kent Sign Regulation Bylaw for permitted agri-tourism accommodation use signage. ii. Each agri-tourism sleeping unit shall be clearly identified by a numbered sign or similar designation. (r) Fire prevention and protection i. Fires are permitted only within stoves, incinerators, fire pits or other structures designed for that purpose. ii. Fire pits shall be: 1. not more than 0.5 metres x 0.5 metres in area; 2. made with fire-resistant material designed for outdoor campfires; and 71 | Consolidated: June 20,2024 3. at least 2 metres from any flammable fuels to reduce the risk of escaped campfires. iii. The use of "Fire Smart" information is required to reduce the fuel load on the agri-tourism accommodation use area including the replacement of cedar hedges with non-combustible vegetation and installing a non-combustible or fire-resistant type fence on the property line. iv. Standpipes for fire protection shall be located and designed by the Professional Engineer and certified there is an adequate supply of water for fire fighting to the BC Fire Code Standard. Where this requirement is too onerous and cannot be easily achieved, the owner must enter a save harmless restrictive covenant indemnifying the District of any liabilities. v. Portable fire extinguishers must: 1. meet the minimum requirements as set out by NFPA 10; 2. be approved by the Fire Chief; 3. be kept in service buildings and in all other locations specified by the Fire Chief; and, 4. be maintained in good operating condition by the owner. (s) Washroom Facilities i. Unless otherwise stated, a minimum of one washroom facility shall be provided for an agri-tourism accommodation use, and shall be located a maximum of 150 metres from any agri-tourism sleeping unit and a minimum of 4.5 metres from any agri-tourism campsite or agri-tourism RV campsite. ii. An agri-tourism accommodation use with equal to or less than 2 agri- tourism RV campsites that will only be used by RVs with a self-contained toilet and water tank are exempt from providing a washroom facility, potable water, or a sewage treatment and disposal system. (t) Water Supply i. Unless otherwise stated, the operator of an agri-tourism accommodation use shall provide a minimum of one potable water supply system within a maximum of 150 metres from any agri-tourism sleeping unit. ii. Any potable water system provided must comply with the Drinking Water Protection Act. (u) Sewage Treatment and Disposal Systems 72 | Consolidated: June 20,2024 i. Unless otherwise stated, the operator of an agri-tourism accommodation use shall provide for the disposal of all wastewater to be discharged into a community sewer system or into a private sewerage system in compliance with the Sewerage System Regulation (Public Health Act) or Municipal Wastewater Regulation (Environmental Management Act). ii. If provided, a recreational vehicle dump station shall be located away from public roadways and easily accessible for the access and exiting of a recreational vehicle and its tow vehicle. (v) Agri-tourism campsites and agri-tourism RV campsites i. An agri-tourism campsite or agri-tourism RV campsite shall be: 1. located on a well-drained site that is always free of stagnant pools, graded for adequate drainage, and is not susceptible to flooding. 2. kept free of flammable debris and rubbish. 3. clearly identified by a numbered sign or similar designation and all such sites shall be grouped so as to be as nearly contiguous as possible. 4. free of building or structures. (w) Communal Areas i. Communal facilities are limited to personal sanitation such as bathrooms and showers and non-commercial cooking spaces. ii. Communal cooking spaces are to be non-commercial in nature and may include small amenities such as a sink, BBQ, or microwave. (x) Exterior Lighting i. Exterior lighting shall be designed to: 1. illuminate sanitation facilities and exterior areas only, at levels necessary to ensure safety and security of persons and property; 2. not be directly visible from public roads and residences on adjacent properties; and 3. be shielded and directed toward the ground. 73 | Consolidated: June 20,2024 Part 8 - Administration and Enforcement 8.1 Administration The Building Official, or any other official who may be appointed by the Council shall administer this Bylaw. 8.2 Permits and Licenses Any permits, or license for a building, structure or use that violates any of the provisions of this Bylaw shall not be issued. 8.3 Utilities Required Before Commencement .1 Notwithstanding any right contained in this Bylaw, the Building Official may prohibit a person who proposes to erect a building from commencing the erection of such building until firm arrangements have been made to supply such building with electric power, potable water, sewage disposal, street and other facilities. .2 No building shall be constructed, erected or occupied on any lot not serviced by a municipal sanitary sewer until a permit for the installation thereon of a septic tank has been obtained from the Health Authority and such permit shall not be issued unless the topography, usable area for sewage control, and surface drainage of the lot will permit the satisfactory operation of a septic tank. 8.4 Inspection The Building Official, the Municipal Clerk, or any other official who may be appointed by Council, is hereby authorized to enter, at all reasonable times, upon any property or premises to ascertain whether the provisions of this Bylaw are being obeyed. 8.5 Enforcement .1 Every person who violates any provision of this Bylaw or who causes, suffers or permits any contravention of its regulations shall be deemed to be guilty of an infraction thereof and shall be liable to the penalties herein imposed. .2 Where any building or part thereof contravenes this Bylaw, the Building Official, or any other official who may be appointed by Council, shall give to the owner or agent or the responsible persons written notice specifying the violation, ordering the cessation thereof, and requiring such remedial work to be done in the time and in the manner the notice shall specify. In the event of failure to comply, the Building Official or any other official who may be appointed by Council, may cause such work to be done and the cost of such work shall be recoverable by the District of Kent by summary process at law in any court of competent jurisdiction. In the event of default of payment of such 74 | Consolidated: June 20,2024 assessed costs, then the cost of such work shall be a charge upon the property and the said costs, when certified, shall be entered in the Collector's Roll and collected in the same manner as the taxes shown thereon. 8.6 Penalties .1 Any person who violates any of the provisions of this Bylaw is liable on summary conviction to a penalty not exceeding five hundred dollars ($500.00) and also the cost of prosecution. .2 Each day during which such violation is continued shall be deemed to constitute a new and separate offence. .3 Upon conviction the Justice or Magistrate having jurisdiction may direct that no prosecution under Subsection 2 may be made, with respect to the continuance of the violation, for such period of time as he or she directs. 75 | Consolidated: June 20,2024 ZBA PART 9.1.1: 1370, 2007 1432, 2009 1462, 2010 1477, 2010 1489, 2012 1525, 2015 1538, 2016 1539, 2016 1576, 2017 1607, 2018 1622, 2019 1636, 2020 1680, 2021 1687, 2021 Part 9 - Zones 9.1.1 Agricultural Zone (A) Purpose The purpose of an Agricultural (A) zone is to provide for agricultural and related rural development and to protect the agricultural integrity of land within the Agricultural Land Reserve. .1 Permitted Uses The following principal uses shall be permitted in an A zone: .1 single-dwelling residential .2 agricultural .3 intensive agricultural The following auxiliary uses shall be permitted in an A zone: .4 accessory building .5 home occupation .6 short-term commercial accommodation (guest unit) .7 resource .8 kennel .9 off-street parking .10 campground only on the lots identified in Part 9.1.2 (a) .1 .11 commercial only on the lots identified in Part 9.1.2 (a) .2 and Part 9.1.2 (a) .3 .12 protected non-farm .13 accessory dwelling unit .14 short-term commercial accommodation (principal residence) .2 Conditions of Use .1 A single-dwelling residential use shall be permitted only in a site built house, a manufactured home or a mobile home. .2 A household business, in addition to an agriculture use, is limited to two of the following uses: 76 | Consolidated: June 20,2024 (a) short-term commercial accommodation (guest unit) (b) home occupation (c) kennel (d) secondary suite .3 A resource use shall be conducted in such a way that it does not become an annoyance or nuisance to the surrounding area by reason of: (a) odourous, toxic, noxious matter, or vapour (b) heat, glare, noise, or radiation, or (c) recurrently generated ground vibration .4 Illuminated Greenhouses (a) shall have sidewall abatement measures, such as curtains, screens, berms or plantings, for all side walls that expose neighboring properties and roads to light emissions and; (b) must operate their lighting systems so that the calculated light emissions from the greenhouse do not exceed 5,000 lux. .5 A protected non-farm use may require a Business Licence in accordance with the District's Business Licencing and Regulation Bylaw. .6 The following are permitted as accessory dwelling units in this zone: (a) secondary suite (b) garden suite (c) coach house (d) secondary dwelling .7 A short-term rental use shall comply with requirements of Part 7.13 of this bylaw. .8 A maximum of one secondary suite and one detached accessory dwelling unit is permitted per lot. .2 (a) Special Conditions of Use .1 A campground use shall be allowed on the following lot(s), as approved by the Agricultural Land Commission: (a) ALC Resolution #361/2000 for a portion of the property legally described as: Parcel "E" (Plan with fee deposited 53043F) Section 26 Township 3 Range 30 West of the Sixth Meridian Except: Parts of Legal Subdivision shown on Statutory Right of Way Plan 13840, New Westminster District; 77 | Consolidated: June 20,2024 located on the north side of the dyke and outlined area of the south side of the dyke, between statutory right-of-way Plan 13840 and Bateson Slough; PID: 013-177-761 (see Part 9.1.4.1 Site Plan 1). .2 A commercial use shall be permitted on the following lot(s) as approved by the Agricultural Land Commission: (a) ALC Resolution #287/2014 for an electrical contractor business on the property legally described as: Lot 2 District Lot 38 Group 1 Yale Division of Yale District Plan BCP40208; PID: 027-876-250 (see Part 9.1.4.2 Site Plan 2). (b) ALC Resolution #2056/75 for a helicopter landing site within a portion of the property legally described as: Lot 112 Section 20 Township 3 Range 28 West of the Sixth Meridian New Westminster District Plan 44978; PID:008- 027-064 (see Part 9.1.4.3 Site Plan 3). (c) ALC Resolution #214/2015 for a general contracting business on the property legally described as: Lot 18 Section 20 Township 3 Range 28 West of the Sixth Meridian New Westminster District Plan 2516; PID: 006-499-091 (see Part 9.1.4.5 Site Plan 5). .3 A commercial use shall be permitted on the following lot(s) that are exempt from Section 23 of the Agricultural Land Commission Act (SBC2002) Chapter 36: (a) Welding shop on a portion of the lot legally described as: Lot 29 District Lot 19 Group 1 Yale Division of Yale District Plan 28013; PID: 008-928-193 (see Part 9.1.4.4 Site Plan 4). .3 Regulations In an A zone the following regulations contained in Table 9.1.1 shall apply: Table 9.1.1 Element Regulation Density not regulated Site Coverage not regulated Lot Size intensive agricultural detached accessory dwelling unit all other uses 4.0 hectares (10 acres) minimum 2,000 square metres (0.5 acres) minimum 2.0 hectares (5 acres) minimum Lot Width 45 metres (148 feet) minimum 78 | Consolidated: June 20,2024 Table 9.1.1 Element Regulation Gross Floor Area detached accessory dwelling unit use on lots smaller than 40 hectares detached accessory dwelling unit use on lots 40 hectares or larger all other buildings and structures 90 square metres (968 square feet) 186 square metres (2,000 square feet) not regulated Height single-dwelling residential detached accessory dwelling unit all other buildings and structures 9.0 metres (30 feet) maximum 7.0 metres (23 feet) maximum 12 metres (40 feet) maximum Setbacks intensive agricultural uses from: front lot line rear lot line exterior side lot line interior side lot line all other buildings and structures from all lot lines 61 metres (200 feet) minimum 61 metres (200 feet) minimum 61 metres (200 feet) minimum 30.5 metres (100 feet) minimum 7.5 metres (25 feet) minimum 79 | Consolidated: June 20,2024 .4 Site Plans .1 Site Plan 1 (PID: 013-177-761) .2 Site Plan 2 (PID: 027-876-250) 80 | Consolidated: June 20,2024 .3 Site Plan 3 (PID: 008-027-064) .4 Site Plan 4 (PID: 008-928-193) 81 | Consolidated: June 20,2024 .5 Site Plan 5 (PID: 006-499-091) .5 Site Specific Exemptions Table 9.1.1.5 Site Specific Exemptions Legal Description Exemption Parcel "A" (Reference Plan 915) Section 20 Township 2 Range 28 West of the Sixth Meridian Except: Part on Plan 14190, New Westminster District Increase the maximum floor area of a secondary suite from 90 square metres (968 square feet) to 232.3 square metres (2,500 square feet) Legal Description Exemption Parcel "C" (Reference Plan 2962) of the South East Quarter of Section 26 Township 3 Range 29 West of the 6th Meridian Except Firstly: The Northerly 20 Feet; Secondly: Part Subdivided by Plan 18392; Thirdly: Part on SRW Plan 25182; New Westminster District Permit a non-soil based federally licenced micro-cannabis cultivation facility and associated farm product processing facility with the following specifications: - total floor area of not more than 900 square metres - lot coverage not more than 0.2 hectares including all buildings, outdoor storage, landscaped areas, parking and loading areas, and new access road, for all permitted farm- related commercial and industrial uses; and 82 | Consolidated: June 20,2024 - minimum lot line setbacks not less than 30 metres - off-street parking, vehicle manoeuvring and loading areas micro-cannabis cultivation facility and associated farm product processing facility may be surfaced with compacted crushed gravel ALC Resolution #293/2008 for the property legally known as Lot 1 BCP Plan 42427, Subdivision Plan of Part of Legal Subdivision 1 Section 21 Township 4 Range 28 West of the Sixth Meridian Except: Part Shown on Plan with Bylaw filed 17134 New Westminster District; 0.731ha" (see Schedule A, Reference Map 26); Minimum lot size ALC Resolution #1985/2009 for the property legally known as Lot 2 BCP Plan BCP47067, subdivision Plan of Parcel "C" (Reference Plan 10173) North Half of the South West Quarter Section 1 Township 4 Range 29 West of the Sixth Meridian Except: Part Subdivided by Plan 38656, New Westminster District and of Lot 15 Section 1 Township 4 Range 29 West of the Sixth Meridian New Westminster District Plan 29468; 0.31 ha" (see Schedule "A", Reference Map 15); Minimum lot size ALC Resolution #505/2011 for the property legally known as Lot 2 Plan Epp19494, Subdivision Plan of Parcel "D" (Reference Plan 1493A) Except Firstly: Part Subdivided by Plan 19646 Secondly: Part on Highway Plan 25182 and Lot 1 Plan 19646 Section 26 township 3 Range 29 West of the Sixth Meridian New Westminster District (see Schedule "A", Reference Map Minimum lot size 83 | Consolidated: June 20,2024 ZBA PART 9.1.2: 1538, 2016 1607, 2018 1622, 2019 1687, 2021 9.1.2 Small Lot Agricultural Zone (A1) Purpose The purpose of a Small Lot Agricultural Zone is to provide for agricultural and related rural development on lots created during approved Agricultural Land Commission subdivisions, boundary adjustments or homesite severances. .1 Permitted Uses The following principal uses shall be permitted in an A1 zone: .1 single-dwelling residential .2 agricultural The following auxiliary uses shall be permitted in an A1 zone: .3 accessory building .4 home occupation .5 short-term commercial accommodation (guest unit) .6 off-street parking .7 protected non-farm .8 accessory dwelling unit .9 short-term commercial accommodation (principal residence) .2 Conditions of Use .1 A single-dwelling residential use shall be permitted only in a site built house, a manufactured home or a mobile home. .2 A household business, in addition to an agriculture use, is limited to two of the following uses: (a) short-term commercial accommodation (guest unit) (b) home occupation (c) secondary suite .3 Illuminated Greenhouses (a) shall have sidewall abatement measures, such as curtains, screens, berms or plantings, for all side walls that expose neighboring properties and roads to light emissions; and 84 | Consolidated: June 20,2024 (b) must operate their lighting systems so that the calculated light emissions from the greenhouse do not exceed 5,000 lux. .4 A protected non-farm use may require a Business Licence in accordance with the District's Business Licencing and Regulation Bylaw. .5 The following are permitted as accessory dwelling units in this zone: (a) secondary suite (b) garden suite (c) coach house (d) secondary dwelling .6 A short-term rental use shall comply with requirements of Part 7.13 of this bylaw. .7 A maximum of one secondary suite and one detached accessory dwelling unit is permitted per lot. .3 Regulations In an A1 zone the following regulations contained in Table 9.1.2 shall apply: Table 9.1.2 Element Regulation Density not regulated Site Coverage all buildings all accessory buildings and structures 30% of lot size maximum 10% of lot size maximum Lot Size an approved Agricultural Land Commission subdivision, boundary adjustment or homesite severance a detached accessory dwelling unit use 0.4 hectares (1.0 acre) minimum 2,000 square metres (0.5 acres) minimum Lot Width 30 metres (98.43 feet) minimum 85 | Consolidated: June 20,2024 Table 9.1.2 Element Regulation Gross Floor Area single dwelling residential accessory building detached accessory dwelling unit agri-tourism and farm retail sales see Part 7.14 farm home plate floor area regulations not regulated 90 square metres (968 square feet) maximum 300 square metres (3,229 square feet) maximum Height single dwelling residential detached accessory dwelling unit all other buildings and structures 9.0 metres (30 feet) maximum 7.0 metres (23 feet) maximum 5.0 metres (16 feet) maximum Setbacks single dwelling residential and detached accessory dwelling unit from: front lot line rear lot line exterior lot line interior lot line all other structures and buildings from: front lot line rear lot line exterior lot line interior lot line se fro 6.0 metres (20 feet) minimum 7.5 metres (25 feet) minimum 4.5 metres (15 feet) minimum 1.5 metres (5 feet) minimum For an accessory building use from: 6.0 metres (20 feet) minimum 1.5 metres (5 feet) minimum 4.5 metres (15 feet) minimum 1.5 metres (5 feet) minimum 86 | Consolidated: June 20,2024 .4 Site-Specific Exemptions Table 9.1.2.4 Site Specific Exemptions Legal Description Exemption Parcel "One" (Reference Plan 16325) of Parcel "H" (Reference Plan 11271) Lot 2 Section 25 Township 3 Range 29 West of the Sixth Meridian New Westminster District Plan 10517 To reduce the minimum lot size from 0.4 hectare to 0.078 hectare. 87 | Consolidated: June 20,2024 ZBA PART 9.1.3: 1552, 2016 9.1.3 Agri-Industrial Zone (A2) Purpose The purpose of an Agri-Industrial Zone is to allow for agricultural, agricultural industrial and agricultural commercial uses permitted and/or approved by the Agricultural Land Commission. .1 Permitted Uses The following principal uses shall be permitted in an A2 zone: .1 agricultural .2 commercial agricultural .3 single dwelling residential .4 cannabis cultivation facility (subject to Part 7.23) The following auxiliary use shall be permitted in an A2 zone: .6 accessory office .7 unenclosed storage .8 protected non-farm .2 Conditions of Use .1 A cannabis cultivation facility use within the A2 Zone is: (a) is permitted in a non-soil based building; and (b) subject to Part 7.23 of this bylaw. .2 Illuminated Greenhouses (a) shall have sidewall abatement measures, such as curtains, screens, berms or plantings, for all side walls that expose neighboring properties and roads to light emissions; and (b) must operate their lighting systems so that the calculated light emissions from the greenhouse do not exceed 5,000 lux. .3 A protected non-farm use may require a Business Licence in accordance with the District's Business Licencing and Regulation Bylaw. .4 Any principal use in an A2 zone shall not discharge or emit across lot lines odorous, toxic, or noxious matters or vapours. 88 | Consolidated: June 20,2024 .3 Regulations In an A2 zone the following regulations contained in Table 9.1.3 shall apply: Table 9.1.2 Element Regulation Density not regulated Site Coverage all buildings and structures unenclosed storage farm-related commercial and farm- related industrial 35% maximum of the lot size 35% of the lot size maximum lots greater than 4 hectares: 5% lots equal to or less than 4 hectares: 0.2 hectares Lot Size 8,000 square metres (2 acre) minimum Lot Width 36 metres (118 feet) minimum Gross Floor Area single dwelling residential see Part 7.14 Farm Home Plate Height all buildings and structures 12 metres (40 feet) Setbacks (except cannabis cultivation facility, see Part 7.23) all buildings and structures from all lot lines 6.0 metres (20 feet) minimum 89 | Consolidated: June 20,2024 ZBA PART 9.2.1: 1237, 2002 1489, 2012 1541, 2016 1576, 2017 1622, 2019 9.2.1 Rural Residential 1 Zone (RR1) Purpose The purpose of a Rural Residential 1 (RR1) zone is to provide for agricultural and related rural development and for single-family development on lots not less than 2.0 hectares (5 acres). .1 Permitted Uses The following principal uses shall be permitted in a RR1 zone: .1 single-dwelling residential The following auxiliary uses shall be permitted in a RR1 zone: .2 accessory building .3 secondary suite .4 agricultural .5 light agricultural .6 home occupation .7 short-term commercial accommodation (guest unit) .8 kennel .9 produce sales .10 off-street parking .11 short-term commercial accommodation (principal residence) .2 Conditions of Use .1 No more than one single-dwelling residential use is permitted on any one lot. .2 A single-dwelling residential use shall be permitted only in a site built house, a manufactured home or a mobile home. .3 An agricultural use shall only be permitted on lots that are within the Agricultural Land Reserve. .4 A household business, in addition to an agriculture use, is limited to two of the following uses: (a) short-term commercial accommodation (guest unit) (b) home occupation (c) kennel 90 | Consolidated: June 20,2024 (d) secondary suite .5 A light agricultural use shall have the following livestock, poultry, and other animal limitations: (a) Livestock with a mature weight of 159 kg (350 lbs) or greater - one (1) livestock for every 0.2 hectares (0.5 acres) with a minimum lot size of 0.4 hectares (1 acres). (b) Livestock with the exception of swine, with a mature weight that is less than 159 kg (350 lbs) - three (3) livestock for every 0.2 hectares (0.5 acres) with a minimum lot size of 0.4 hectares (1 acres). (c) Poultry - twenty-four (24) head of poultry for every 0.2 hectares (0.5 acres) with the minimum lot size of 0.2 hectares (0.5 acres). (d) Geese, ducks, rabbits, pigeons and doves - twenty-four (24) geese or ducks or rabbits or pigeons or doves, or a combination thereof for every 0.4 hectares (1 acre) with a minimum lot size of 0.4 hectares (1 acre). .6 A short-term rental use shall comply with requirements of Part 7.13 of this bylaw. .3 Regulations In a RR1 zone the following regulations contained in Table 9.2.1 shall apply: Table 9.2.1 Element Regulation Density not regulated Site Coverage all buildings and structures 20% maximum Lot Size 2.0 hectares (5 acres) minimum Lot Width 45.0 metres (148 feet) minimum Gross Floor Area produce sales all other buildings and structures 11.15 square metres (120 square feet.) maximum not regulated 91 | Consolidated: June 20,2024 Table 9.2.1 Element Regulation Height single-dwelling residential accessory buildings on a lot less than 1,000 square metres accessory buildings on a lot greater than 1,000 square metres 9.0 metres (30 feet) maximum 4.0 metres (13 feet) maximum 6.0 metres (19 feet) maximum Setbacks all residential buildings and structures from: front lot line rear lot line exterior side lot line Interior side lot line accessory buildings from: front lot line rear lot line exterior side lot line interior side lot line 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 4.5 metres (15 feet) minimum 3.0 metres (10 feet) minimum 7.5 metres (25 feet) minimum 1.5 metres (5 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum 92 | Consolidated: June 20,2024 ZBA PART 9.2.2: 1237, 2002 1489, 2012 1541, 2016 1576, 2017 1607, 2018 1622, 2019 1687, 2021 9.2.2 Rural Residential 2 Zone (RR2) Purpose The purpose of a Rural Residential 2 (RR2) zone is to provide for single-family rural residential development on lots not less than 0.8 hectares (2 acres). .1 Permitted Uses The following principal uses shall be permitted in a RR2 zone: .1 single-dwelling residential The following auxiliary uses shall be permitted in a RR2 zone: .2 accessory building .3 accessory dwelling unit .4 home occupation .5 short-term commercial accommodation (guest unit) .6 light agricultural .7 kennel .8 off-street parking .9 short-term commercial accommodation (principal residence) .2 Conditions of Use .1 No more than one single-dwelling residential use is permitted on any one lot. .2 A single-dwelling residential use shall be permitted only in a site built house, a manufactured home or a mobile home. .3 A household business is limited to two of the following uses: (a) short-term commercial accommodation (guest unit) (b) home occupation (c) kennel (d) secondary suite 93 | Consolidated: June 20,2024 .4 A light agricultural use shall have the following livestock, poultry, and other animal limitations: (a) Livestock with a mature weight of 159 kg (350 lbs) or greater - one (1) livestock for every 0.2 hectares (0.5 acres) with a minimum lot size of 0.4 hectares (1 acres). (b) Livestock with the exception of swine, with a mature weight that is less than 159 kg (350 lbs) - three (3) livestock for every 0.2 hectares (0.5 acres) with a minimum lot size of 0.4 hectares (1 acres). (c) Poultry - twenty-four (24) head of poultry for every 0.2 hectares (0.5 acres) with the minimum lot size of 0.2 hectares (0.5 acres). (d) Geese, ducks, rabbits, pigeons and doves - twenty-four (24) geese or ducks or rabbits or pigeons or doves, or a combination thereof for every 0.4 hectares (1 acre) with a minimum lot size of 0.4 hectares (1 acre). .5 The following are permitted as accessory dwelling units in this zone: (a) secondary suite (b) garden suite (c) coach house (d) secondary dwelling .6 A short-term rental use shall comply with the requirements of Part 7.13 of the bylaw. .7 A maximum of one secondary suite and one detached accessory dwelling unit are permitted permit lot. .3 Regulations In a RR2 zone the following regulations contained in Table 9.2.2 shall apply: Table 9.2.2 Element Regulation Density not regulated Site Coverage all buildings and structures 30% maximum Lot Size subdivision 0.8 hectares (2 acres) minimum with an approved community sewer system 94 | Consolidated: June 20,2024 Table 9.2.2 Element Regulation detached accessory dwelling unit 2.0 hectares (5 acres) minimum without an approved community sewer system 2,000 square metres (0.494 acre) minimum Lot Width 36 metres (118 feet) minimum Gross Floor Area all buildings and structures detached accessory dwelling unit not regulated 90 square metres (968 square feet) Height single-dwelling residential accessory buildings on a lot less than 1,000 square metres accessory buildings on a lot greater than 1,000 square metres detached accessory dwelling unit 9.0 metres (30 feet) maximum 4.0 metres (13 feet) maximum 6.0 metres (19 feet) maximum 7.0 metres (23 feet) maximum Setbacks all residential buildings and structures and detached accessory dwelling unit from: front lot line rear lot line exterior side lot line interior side lot line accessory buildings from: front lot line rear lot line exterior side lot line interior side lot line 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 4.5 metres (15 feet) minimum 3.0 metres (10 feet) minimum 7.5 metres (25 feet) minimum 1.5 metres (5 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum 95 | Consolidated: June 20,2024 ZBA PART 9.2.3: 1681, 2021 9.2.3 Rural Residential 3 Zone (RR3) Purpose The purpose of the Rural Residential 3 is to provide for single-family rural residential development on lots not less than 2000 square metres (0.5 acre) and that may be within the Agricultural Land Reserve but are exempt from ALC Regulations and restrictions. .1 Permitted Uses The following principal uses shall be permitted in an RR3 zone: .1 single-dwelling residential The following auxiliary uses shall be permitted in an RR3 zone: .2 accessory building .3 accessory dwelling unit .4 home occupation .5 short-term commercial accommodation (guest unit) .6 light agricultural .7 kennel .8 off-street parking .9 short-term accommodation (principal residence) .2 Conditions of Use .1 No more than one single-dwelling residential use is permitted on any lot. .2 A single-dwelling residential use shall be permitted only in a site-built house, a manufactured home or a mobile home. .3 A household business is limited to two of the following uses: (a) short-term commercial accommodation (guest unit) (b) home occupation (c) kennel (d) secondary suite .4 A light agricultural use shall have the following livestock, poultry, and other animal limitations: 96 | Consolidated: June 20,2024 (a) Livestock with a mature weight of 159 kg (350 lbs) or greater - one (1) livestock for every 0.2 hectares (0.5 acres) with a minimum lot size of 0.4 hectares (1 acres). (b) Livestock with the exception of swine, with a mature weight that is less than 159 kg (350 lbs) - three (3) livestock for every 0.2 hectares (0.5 acres) with a minimum lot size of 0.4 hectares (1 acres). (c) Poultry - twenty-four (24) head of poultry for every 0.2 hectares (0.5 acres) with the minimum lot size of 0.4 hectares (1 acres). (d) Geese, ducks, rabbits, pigeons and doves - twenty-four (24) geese or ducks or rabbits or pigeons or doves, or a combination thereof for every 0.4 hectares (1 acre) with a minimum lot size of 0.4 hectares (1 acre). .5 A short-term rental use shall comply with the requirements of Part 7.13 of the bylaw. .6 The following are permitted as accessory dwelling units in this zone: (a) secondary suite (b) garden suite (c) coach house (d) secondary dwelling .7 A maximum of one secondary suite and one detached accessory dwelling unit are permitted per lot. .3 Regulations In a RR3 zone the following regulations contained in Table 9.2.3 shall apply: Table 9.2.3 Element Regulation Density not regulated Site Coverage all buildings and structures 30% maximum Lot Size subdivision detached accessory dwelling unit 2,000 square metres minimum 2,000 square metres minimum 97 | Consolidated: June 20,2024 Table 9.2.3 Element Regulation Lot Width 15 metres (49 feet) minimum 18 metres (59 feet) for a corner lot Gross Floor Area all buildings and structures detached accessory dwelling unit Not regulated 90 square metres (968 square feet) Height single-dwelling residential accessory buildings on a lot less than 1,000 square metres accessory buildings on a lot greater than 1,000 square metres detached accessory dwelling unit 9.0 metres (30 feet) maximum 4.0 metres (13 feet) maximum 6.0 metres (19 feet) maximum 7.0 metres (16 feet) maximum Setbacks all residential buildings and structures and detached accessory dwelling unit from: front lot line rear lot line exterior side lot line interior side lot line accessory buildings from: front lot line rear lot line exterior side lot line interior side lot line 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 4.5 metres (15 feet) minimum 1.5 metres (5 feet) minimum 7.5 metres (25 feet) minimum 1.5 metres (5 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum 98 | Consolidated: June 20,2024 ZBA PART 9.3.1: 1237, 2002 1489, 2012 1622, 2019 9.3.1 Lake Area Residential Zone (RL) Purpose The purpose of a Lake Area Residential (RL) zone is to provide for single family development along Harrison Lake and Rockwell Drive on lots not less than 400 square metres (4,300 square feet) with an approved community water and sewer system. .1 Permitted Uses The following principal uses shall be permitted in a RL zone: .1 single-dwelling residential The following auxiliary uses shall be permitted in a RL zone: .2 accessory building .3 secondary suite .4 home occupation .5 short-term commercial accommodation (guest unit) .7 short-term commercial accommodation (principal residence) .2 Conditions of Use .1 No more than one single-dwelling residential use, and one accessory building is permitted on any one lot. .2 A single-dwelling residential use shall be permitted only in a site built house, or a manufactured home. .3 A household business is limited to one of the following uses: (a) short-term commercial accommodation (guest unit) (b) home occupation (c) kennel (d) secondary suite .4 A short-term rental use shall comply with requirements of Part 7.13 of this bylaw. 99 | Consolidated: June 20,2024 .3 Regulations In a RL zone the following regulations contained in Table 9.3.1 shall apply: Table 9.3.1 Element Regulation Density 25 units per hectare (10 units per acre) maximum Site Coverage all buildings and structures 40% maximum Lot Size 400 square metres (4,300 square feet) minimum, with an approved community water system, an approved community sewer system, and on a bare land strata lot 550 square metres (5,920 square feet) minimum, with an approved community water system and an approved community sewer system 0.2 hectares (0.5 acres) minimum with an approved community water system or an approved community sewer system 2.0 hectares (5 acres) minimum without an approved community water system Lot Width 18.0 metres (59 feet) minimum Gross Floor Area not regulated Height single-dwelling residential and two-dwelling residential accessory buildings on a lot less than 1,000 square metres accessory buildings on a lot greater than square metres 9.0 metres (30 feet) maximum 4.0 metres (13 feet) maximum 6.0 metres (19 feet) maximum 100 | Consolidated: June 20,2024 Table 9.3.1 Element Regulation Setbacks all residential buildings and structures on a bare land strata lot from: front lot line rear lot line exterior side lot line interior side lot line all residential buildings and structures from: front lot line rear lot line exterior side lot line interior side lot line accessory building from: front lot line rear lot line exterior side lot line interior side lot line 6.0 metres (20 feet) minimum 5.5 metres (18 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum 6.0 metres (20 feet) minimum 7.5 metres (25 feet) minimum 4.5 metres (15 feet) minimum 1.5 metres (5 feet) minimum 6.0 metres (20 feet) minimum 1.5 metres (5 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum 101 | Consolidated: June 20,2024 ZBA PART 9.4.1: Bylaw 1737, 2024 9.4.1 Small-Scale Multi-Unit Housing Zone (RS1) Purpose The purpose of this zone is to accommodate low density residential use on land serviced by a community water system and sanitary sewer system, up to a maximum of four dwelling units on a lot. .1 Permitted Uses The following principal uses shall be permitted in a RS1 zone: .1 single-dwelling residential .2 two-dwelling residential .3 townhouse .4 apartment The following auxiliary uses shall be permitted in a RS1 zone for a single- dwelling residential use and a two-dwelling residential use: .5 accessory building .6 home occupation .7 off-street parking .8 accessory dwelling unit The following auxiliary uses shall be permitted in a RS1 zone for a townhouse use and an apartment use: .9 accessory building .10 home occupation .11 off-street parking .2 Conditions of Use .1 A maximum of one building containing the principal use is permitted on a lot. .2 All principal uses and accessory dwelling unit uses shall be permitted only in a site built house, or a manufactured home. .3 Lots serviced by an approved community sewer system, but not an approved community water system, are restricted to a maximum of two dwelling units, including one single-dwelling residential use, and one 102 | Consolidated: June 20,2024 secondary suite, or one detached accessory dwelling unit use. .4 Lots serviced by an approved community water system, but not an approved community sewer system, are restricted to a maximum of two dwelling units, including one single-dwelling residential use, and one secondary suite. .5 A maximum of one secondary suite is permitted per single-dwelling residential use, and one secondary suite in each of the two-dwelling residential use units. .6 A household business is limited to a home occupation use. .7 An accessory dwelling unit use shall not be subdivided from the lot which it is an auxiliary use to. This includes subdivision under the Strata Property Act. .8 All detached accessory dwelling unit uses, shall be sited in the rear yard and setback a minimum of 3.0 metres (10 feet) from the principal use on the lot. .9 The following are permitted as accessory dwelling unit uses in this zone: (a) secondary suite (b) secondary dwelling (c) coach house (d) garden suite .3 Regulations In the RS1 zone the following regulations contained in Table 9.4.1 shall apply: Table 9.4.1 Element Regulation Maximum Permitted Dwelling Units per lot 3 dwelling units for lots equal to or less than 280 square meters (~3,000 square feet) in size 4 dwelling units for lots greater than 280 square meters (~3,000 square feet) in size Site Coverage all buildings and structures impervious Surfaces 50% maximum 70% maximum 103 | Consolidated: June 20,2024 Table 9.4.1 Element Regulation Lot Size subdivision 360 square metres (3,875 square feet) minimum for lots serviced by an approved community water system and an approved community sewer system Lot Width 12.0 metres (39 feet) minimum Gross Floor Area principal uses detached accessory dwelling unit secondary suite not regulated 112 square metres (1,206 square feet) maximum lesser than or equal to the floor area of the principal dwelling unit in which it is located Height principal uses detached accessory dwelling unit accessory building 11 metres (36 feet) maximum 7.0 metres (23 feet) maximum 5.0 metres (16.5 feet) maximum Setbacks all principal uses* from: front lot line rear lot line exterior side lot line interior side lot line detached accessory dwelling unit* from: front lot line rear lot line 4.5 metres (15 feet) minimum (building face) 6.0 metres (19.5 feet) minimum (garage) 4.0 metres (13 feet) minimum 2.5 metres (8 feet) minimum 1.2 metres (4 feet) minimum See Part 9.4, Section .2.8 1.5 metres (5 feet) minimum 104 | Consolidated: June 20,2024 Table 9.4.1 Element Regulation exterior side lot line interior side lot line accessory dwelling unit* from: front lot line rear lot line exterior side lot line interior side lot line *See siting exemptions in Section 7.4.1.1, 7.4.1.2, 7.4.1.3, 7.4.1.4, 7.4.1.5, 7.4.1.6, and 7.4.1.7 2.5 metres (8 feet) minimum 1.2 metres (4 feet) minimum 4.5 metres (15 feet) minimum 1.0 metres (3 feet) minimum 2.5 metres (8 feet) minimum 1.2 metres (3 feet) minimum .4 General Regulations 1. All dwelling units shall have access to a minimum 1.2 metres (4 feet) paved or gravel path that: (a) provides direct pedestrian access from the dwelling unit entrance to either an abutting street, or a rear lane. (b) is clear of all projections or obstructions to a minimum height of 2.5 metres (8 feet). 2. All accessory dwelling unit uses (excluding a secondary suite) when accessed from the abutting street, shall have a minimum 1.2 metres (4 feet) paved or gravel path that is illuminated by low-level lighting from the abutting street to its entrance. 3. Each dwelling unit (excluding a secondary suite) shall be provided with an outdoor amenity area for its exclusive use, that has a minimum width of 2.5 metres (8 feet) and area of 10 square metres (108 square feet). These areas must be accessible directly from the dwelling unit it is to serve. .5 Special Conditions of Use .1 On Strata Lots 1 to 16 Section 19 Township 3 Range 29 West of the Sixth Meridian New Westminster District Strata Plan NWS1949 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot Shown on Form 1 a single-dwelling residential use may be located within a mobile home. .2 The following unserviced lots are permitted a maximum of one single-dwelling residential use, one secondary suite and one detached accessory dwelling unit use: - Lot 1 Section 32 Township 4 Range 28 West of the 6th Meridian New Westminster District Plan EPP102202 105 | Consolidated: June 20,2024 - Lot 1 District Lot 19 Group 1 Yale Division of Yale District Plan 5644 - Lot 4 Except: Part Highway Plan 26833, Section 19 Township 3 Range 29 West of the Sixth Meridian New Westminster District Plan 13458 - Lot 1 Section 19 Township 3 Range 29 West of the Sixth Meridian New Westminster District Plan LMP5893 - Parcel A (Explanatory Plan 15204) Lot 3 Except: Part Highway Plan 26833, Section 19 Township 3 Range 29 West of the Sixth Meridian New Westminster District Plan 13458 106 | Consolidated: June 20,2024 ZBA PART 9.5.1: 1489, 2012 1715, 2023 9.5.1 Multiple Dwelling Residential 1 Zone (RM1) Purpose The purpose of a Multiple Dwelling Residential 1 (RM1) zone is to provide for attached multiple dwelling housing development with a density no higher than 50 units per hectare (20 units per acre) on lots with an approved community water and sewer system. .1 Permitted Uses The following principal uses shall be permitted in a RM1 zone: .1 apartment .2 townhouse .3 personal care The following auxiliary uses shall be permitted in a RM1 zone: .4 accessory building .5 off-street parking .6 home occupation .7 secondary suite .2 Conditions of Use .1 Off-street parking shall: (a) occupy not more than 30% of the surface of the lot area, or shall be concealed parking. (b) be bounded by a landscape screen of not less than 1.0 metre (3 feet) in height when not concealed. (c) be sited such that the surface of such use or a driveway for such use at or above ground level is not within a horizontal arc of 3.0 metres (10 feet) in radius measured from nearest surface of a window to a habitable room. 107 | Consolidated: June 20,2024 .3 Regulations In a RM1 zone the following regulations contained in Table 9.5.1 shall apply: Table 9.5.1 Element Regulation Density 50 units per hectare (20 units per acre) Site Coverage all buildings and structures 40% maximum Lot Size townhouse and personal care apartment 880 square metres (9,500 square feet) minimum 1,300 square metres (14,000 square feet) minimum Lot Width 22 metres (72 feet) minimum Gross Floor Area each dwelling unit for apartment or townhouse 32.5 square metres (350 square feet) minimum plus an additional 14 square metres (150 square feet) of floor area for each bedroom Height all residential buildings accessory buildings 12 metres (40 feet) maximum 3.7 metres (12 feet) maximum Setbacks townhouse and personal care from: front lot line rear lot line exterior side lot line interior side lot line apartment use from all lot lines 6.0 metres (20 feet) minimum 4.5 metres (15 feet) minimum 6.0 metres (20 feet) minimum 3.5 metres (12 feet) minimum 7.5 metres (25 feet) minimum 108 | Consolidated: June 20,2024 ZBA PART 9.5.2: 1489, 2012 1632, 2020 1715, 2023 9.5.2 Multiple Dwelling Residential 2 Zone (RM2) Purpose The purpose of a Multiple Dwelling Residential 2 (RM2) zone is to provide for multiple dwelling housing development with a density no higher than 75 units per hectare (30 units per acre) on lots with an approved community water and sewer system. .1 Permitted Uses The following principal uses shall be permitted in a RM2 zone: .1 apartment .2 townhouse .3 personal care The following auxiliary uses shall be permitted in a RM2 zone: .4 accessory building .5 off-street parking .6 home occupation .7 secondary suite .2 Conditions of Use .1 Off-street parking shall: (a) occupy not more than 30% of the surface of the lot area, or shall be concealed parking. (b) be bounded by a landscape screen of not less than 1 metre (3 feet) in height when not concealed. (c) be sited such that the surface of such use or a driveway for such use at or above ground level is not within a horizontal arc of 3 metres (10 feet) in radius measured from nearest surface of a window to a habitable room. 109 | Consolidated: June 20,2024 .3 Regulations In a RM2 zone the following regulations contained in Table 9.5.2 shall apply: Table 9.5.2 Element Regulation Density 75 units per hectare (30 units per acre) Site Coverage all buildings and structures 40% maximum Lot Size townhouse apartment 880 square metres (9,500 square feet) minimum 1,300 square metres (14,000 square feet) minimum Lot Width 22 metres (72 feet) minimum Gross Floor Area each dwelling unit for townhouse or apartment 32.5 square metres (350 square feet) minimum plus an additional 14 square metres (150 square feet) of floor area for each bedroom Height all residential buildings accessory buildings 12 metres (40 feet) maximum 3.7 metres (12 feet) maximum Setbacks townhouse and personal care from: front lot line rear lot line exterior side lot line interior side lot line apartment from all lot lines 6.0 metres (20 feet) minimum 4.5 metres (15 feet) minimum 6.0 metres (20 feet) minimum 3.5 metres (12 feet) minimum 7.5 metres (25 feet) minimum 110 | Consolidated: June 20,2024 .4 Site Specific Exemptions Table 9.5.2, Site Specific Exemptions Legal Description Exemption Strata Lots 1 to 45 District Lot 19 Yale Division Yale District Strata Plan LMS2580 Together with an interest in the common property in proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1 Permit a density of 122 units per hectare maximum Lot 2 Except: Part Taken Highway SRW Plan 64696 District Lot 19 Group 1 Yale Division of Yale District Plan 3953 Permit a density of 106 units per hectare maximum Strata Lots 1 to 45 District Lot 19 Group 1 New Westminster District Strata Plan NW1756 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1 Permit a density of 133 units per hectare maximum Lot 105 Section 19 Township 3 Range 28 West of the 6th Meridian New Westminster District Plan 39575 Permit a density of 88 units per hectare maximum Strata Lot 6 District Lot 49 Group 1 New Westminster District Strata Plan LMS1342 Together with and Interest in the Common Property in Proportion to the Unit Entitlement of the Strat Lot as Shown on Form 1 Permit a density of 57 units per hectare maximum 111 | Consolidated: June 20,2024 ZBA PART 9.6.1: 1489, 2012 9.6.1 Mobile Home Park Zone (RH) Purpose The purpose of a Mobile Home Park (RH) zone is to provide for mobile home development within a mobile home park. .1 Permitted Uses The following principal uses shall be permitted in a RH Zone: .1 mobile home park .2 office for the management of a mobile home park The following auxiliary uses shall be permitted in a RH Zone: .3 home occupation .2 Conditions of Use A mobile home park shall be subject to the regulations of the "Mobile Home Park Bylaw No. 590" and amendments thereto of the District of Kent but in no case shall the density exceed the number of dwelling units permitted in this Bylaw. .3 Regulations In a RH zone the following regulations contained in Table 9.6.1 shall apply: Table 9.6.1 Element Regulation Density 20 units per hectare (8 units per acre) maximum Site Coverage all buildings and structures not regulated Lot Size 558 square metres (6,000 square feet) minimum Lot Width 18 metres (59 feet) minimum Gross Floor Area not regulated Height 3.7 metres (12 feet) maximum Setbacks all buildings and structures from all lot lines 7.5 metres (25 feet) minimum 112 | Consolidated: June 20,2024 ZBA PART 9.7.1: 1249, 2003 1575, 2017 1619, 2019 1704, 2022 9.7.1 Town Centre Commercial Zone (CT1) Purpose The purpose of a Town Centre Commercial (CT1) zone is to provide for a concentrated range of commercial, retail, office, cultural and entertainment needs in the town center to serve the residents at the community level, in an intensive pedestrian oriented environment. .1 Permitted Uses The following principal uses shall be permitted in a CT1 zone: .1 commercial .2 office .3 civic .4 assembly .5 off-street parking .6 restaurant .7 retail cannabis sales .8 child care centre The following auxiliary uses shall be permitted in a CT1 zone: .7 off-street loading .8 accessory single-dwelling residential .2 Conditions of Use .1 A commercial use shall specifically exclude automobile sales, and lumber and building supply stores with more than 25% outside storage. .2 An accessory single-dwelling residential use shall be: (a) limited exclusively to the second storey of a building used for commercial purposes. (b) the only use in the storey so used. (c) permitted only where no advertising use occurs on, above, or attached to the storey so used. 113 | Consolidated: June 20,2024 .3 An retail cannabis sales use shall: (a) be permitted only on a lot where no accessory single-dwelling residential or apartment uses occur. (b) not be located on a lot within 125 metres of any public or private school and 200 metres from any child care centre. (c) be limited to one site within the District of Kent. .3 Regulations In a CT1 zone the following regulations contained in Table 9.7.1 shall apply: Table 9.7.1 Element Regulation Density not regulated Site Coverage all buildings and structures 80% minimum Lot Size 465 square metres (5,000 square feet) minimum Lot Width 15 metres (50 feet) minimum Gross Floor Area not regulated Height 12 metres (40 feet) maximum Setbacks all buildings and structures from: exterior side lot line all other lot lines 3.0 metres (10 feet) minimum not regulated 114 | Consolidated: June 20,2024 ZBA PART 9.7.2: 1395, 2008 1461, 2010 1619, 2019 1704, 2022 9.7.2 Town Centre Commercial and Residential Zone (CT2) Purpose The purpose of a Town Centre Commercial and Residential (CT2) zone is to provide for the full range of commercial, retail, office, cultural and entertainment needs in the town center in combination with multiple dwelling residential uses. .1 Permitted Uses The following principal uses shall be permitted in a CT2 zone: .1 commercial .2 office .3 veterinary hospital .4 entertainment and recreation .5 civic .6 assembly .7 hotel .8 neighbourhood pub .9 off-street parking .10 restaurant .11 retail cannabis sales .12 child care centre The following auxiliary uses shall be permitted in a CT2 zone: .11 off-street loading .12 apartment .13 accessory single-dwelling residential .2 Conditions of Use .1 A commercial use shall specifically exclude lumber and building supply stores with more than 25% outside storage. 115 | Consolidated: June 20,2024 .2 A hotel use shall: (a) provide accommodation in sleeping units and/or dwelling units only. (b) be limited exclusively to storeys above the first storey of a building, and be the only use in the storey so used. (c) be located in a building above all storeys used for a permitted commercial use. (d) be permitted only where no advertising use occurs on, above, or attached to the storeys so used. .3 An apartment or accessory single-dwelling residential use shall be: (a) limited exclusively to storeys above the first storey of a building used for commercial purposes. (b) the only use in the storey so used. (c) permitted only where no advertising use occurs on, above, or attached to the storeys so used. .4 A retail cannabis sales use shall: (a) be permitted only on a lot where no accessory single-dwelling residential or apartment uses occur. (b) not be located on a lot within 125 metres of any public or private school and 200 metres from any child care centre. (c) be limited to one site within the District of Kent. .3 Regulations In a CT2 zone the following regulations contained in Table 9.7.2 shall apply: Table 9.7.2 Element Regulation Site Coverage all buildings and structures not regulated Lot Size hotel 1400 square metres minimum (15,070 square feet) 116 | Consolidated: June 20,2024 Table 9.7.2 Element Regulation apartment all other uses 900 square metres minimum (9,700 square feet) 465 square metres minimum (5,000 square feet) Lot Width access strip on panhandle lots all other lots 10 metres (33 feet) minimum 15 metres (50 feet) minimum Gross Floor Area apartment all other uses 32.5 square metres (350 square feet) minimum plus an additional 14 square metres (150 square feet) of floor area for each bedroom not regulated Height 12 metres (40 feet) maximum Setbacks all buildings and structures from: exterior side lot line all other lot lines storeys above the first storey used for an apartment from: front lot line rear lot line exterior lot line interior lot line 3.0 metres (10 feet) minimum not regulated 3.0 metres (10 feet) minimum 9.0 metres (30 feet) minimum 3.0 metres (10 feet) minimum 3.0 metres (10 feet) minimum .4 Density .1 Except as provided in Subsection 9.7.2.4.2, the maximum density for residential uses shall not exceed 50 units per hectare (20 units per acres); .2 Notwithstanding Subsection 9.7.2.4.1, on land whose legal description is set out in Table 9.7.2.2, the density for residential uses may be increased up to the 117 | Consolidated: June 20,2024 maximum set out in Table 9.7.2.2, if the developer pays the District $12,000 per increased unit. .3 Amenity payments received for a density bonus shall be payable at the time of issuance of a building permit and shall be deposited into the Land Reserve Fund. .4 For certainty, the first unit over the permitted maximum established in Subsection 9.7.2.4.1 will be prorated accordingly. Table 9.7.2.2, Density Legal Description Maximum Density for Residential Uses Lot 1 District Lot 19 Group 1 Yale Division Yale District Plan EPP12043 (PID 028-591-640) 111 units per hectare (45 units per acre) Lot C District Lot 19 Group 1 Yale Division Yale District Plan BCP3019 (PID: 028-591-640) 64 units per hectare (26 units per acre) 118 | Consolidated: June 20,2024 ZBA PART 9.7.3: 1395,2008 9.7.3 Service Commercial Zone (CS1) Purpose The purpose of a Service Commercial (CS1) zone is to provide for vehicular oriented commercial activity for businesses that are auto-dependent. .1 Permitted Uses The following principal uses shall be permitted in a CS1 zone: .1 service commercial .2 off-street parking .3 restaurant The following auxiliary uses shall be permitted in a CS1 zone: .4 accessory building .5 unenclosed storage .6 off-street loading .2 Conditions of Use .1 An unenclosed storage use shall be bounded on all sides by a landscape screen of not less than 1.5 metres (5 feet) or more than 1.8 metres (6 feet) in height, and which is continuous except for driveways and walkways. .3 Regulations In a CS1 zone the following regulations contained in Table 9.7.3 shall apply: Table 9.7.3 Element Regulation Density not regulated Site Coverage not regulated Lot Size commercial outdoor recreation all other uses 0.4 hectares (1 acre) minimum 700 square metres (7,500 square feet) minimum 119 | Consolidated: June 20,2024 Table 9.7.3 Element Regulation Lot Width 30 metres (100 feet) minimum Gross Floor Area not regulated Height 12 metres (40 feet) maximum Setbacks all buildings and structures from: exterior side lot line all other lot lines 3.0 metres (10 feet) minimum not regulated 120 | Consolidated: June 20,2024 ZBA PART 9.7.4: 1395, 2008 1468, 2010 9.7.4 Service Station Commercial Zone (CS2) Purpose The purpose of a Service Station Commercial (CS2) zone is to provide for a rational pattern of service station outlets to adequately serve the requirements of the municipality. .1 Permitted Uses The following principal uses shall be permitted in a CS2 zone: .1 service station .2 tank vehicle storage The following auxiliary uses shall be permitted in a CS2 zone: .3 accessory building .4 off-street loading .5 unenclosed storage .6 commercial .7 accessory single-dwelling residential .8 off-street parking .9 restaurant .2 Conditions of Use .1 A commercial use shall be limited to the retail sale of groceries and a restaurant, automated banking machines, and shall not exceed 30% of the gross floor area. .2 An unenclosed storage use shall be bounded on all sides by a landscape screen of not less than 1.5 metres (5 feet) or more than 1.8 metres (6 feet) in height, and which is continuous except for driveways and walkways. .3 An accessory single-dwelling residential use shall be: (a) limited exclusively to the storey above the first storey of a building, or attached to the rear of the principal building. (b) the only use in a storey or rear addition so used. 121 | Consolidated: June 20,2024 (c) permitted only where no advertising use occurs on, above, or attached to the storeys or additions so used. .4 A liquor retail store commercial use and 90% of commercial gross floor area shall be permitted at the following property: Parcel C (Reference Plan 10639) Legal Subdivision 10 and 15 Section 25 Township 3 Range 29 West of the Sixth Meridian New Westminster District Except: Part Dedicated Road on Plan BCP36776. .3 Regulations In a CS2 zone the following regulations contained in Table 9.7.4 shall apply: Table 9.7.4 Element Regulation Density not regulated Site Coverage all buildings and structures 40% maximum Lot Size 1,115 square metres (12,000 square feet) minimum Lot Width 30 metres (100 feet) minimum Gross Floor Area all buildings and structures accessory single-dwelling residential not regulated 32.5 square metres (350 square feet) minimum plus 14 square metres (150 square feet) of floor area for each bedroom Height all buildings and structures 12 metres (40 feet) maximum Setbacks all buildings and structures from: front lot line rear lot line exterior side lot line interior side lot line 9.0 metres (30 feet) minimum 1.5 metres (5 feet) minimum 6.0 metres (20 feet) minimum 6.0 metres (20 feet) minimum 122 | Consolidated: June 20,2024 ZBA PART 9.7.5: 9.7.5 Tourist Recreation Commercial Zone (CS3) Purpose The purpose of a Tourist Recreation Commercial (CS3) zone is to provide for tourist accommodation or commercial recreation development in proper relationship to major thoroughfares and surrounding areas. .1 Permitted Uses The following principal uses shall be permitted in the CS3 zone: .1 commercial outdoor recreation .2 campground .3 hotel .4 motel .5 neighbourhood pub .6 restaurant The following auxiliary uses and no others shall be permitted in the CS3 zone: .7 accessory building .8 commercial .9 off-street loading .10 accessory single-dwelling residential .11 off-street parking .2 Conditions of Use .1 Buildings and structures for motels shall have not more than one sleeping unit for each 60 square metres (645 square feet) of a lot area. .2 A campground use shall provide for not more than one recreational vehicle, or two tents for each 93 square metres (1,000 square feet) of lot area. .3 A commercial use shall be limited to the retail sale of groceries and a restaurant, automated banking machines, and shall not exceed 30% of the gross floor area. 123 | Consolidated: June 20,2024 .3 Regulations In a CS3 zone the following regulations contained in Table 9.7.5 shall apply: Table 9.7.5 Element Regulation Density not regulated Site Coverage all buildings and structures 40% maximum Lot Size 4,000 square metres minimum (1 acre) Lot Width 36 metres (118 feet) minimum Gross Floor Area accessory single-dwelling residential each sleeping unit for a motel 32.5 square metres (350 square feet) minimum plus an additional 14 square metres (150 square feet) of floor area for each bedroom 28 square metres (301 square feet) minimum Height 12 metres (40 feet) Setbacks all buildings and structures from: front lot line rear lot line exterior side lot line interior side lot line all buildings and structures on Lot 21 Section 19 Township 3 Range 29 West of the Sixth Meridian New Westminster District Plan 64737 front lot line rear lot line exterior side lot line interior side lot line 9.0 metres (30 feet) minimum 12 metres (40 feet) minimum 12 metres (40 feet) minimum 12 metres (40 feet) minimum 4.5 metres (15 feet) minimum 7.5 metres (24 feet) minimum 3.0 metres (10 feet) minimum 0.0 metres (0.0 feet) minimum 124 | Consolidated: June 20,2024 ZBA PART 9.7.6: 1240, 2003 9.7.6 Marine Commercial Zone (CM) Purpose The purpose of a Marine Commercial (CM) zone is to provide for marine based activities on land and water lot licenses along the shore of Harrison Lake. .1 Permitted Uses The following principal uses shall be permitted in the CM zone: .1 marina .2 marine-dependent .3 docks and piers for water craft wharfage .4 hotel .5 neighbourhood pub The following auxiliary uses shall be permitted in the CM zone: .6 off-street loading .7 marine service commercial .8 restaurant .9 off-street parking .2 Conditions of Use A restaurant use must be contained within the building or structure, or immediately adjacent and within 30 metres of the building and structure containing the principal use, to which the restaurant is accessory. .3 Regulations In a CM zone the following regulations contained in Table 9.7.6 shall apply: Table 9.7.6 Element Regulation Density not regulated Site Coverage all buildings and structures not regulated 125 | Consolidated: June 20,2024 Table 9.7.6 Element Regulation Lot Size not regulated Lot Width 15 metres (50 feet) minimum Gross Floor Area not regulated Height 12 metres (40 feet) Setbacks all land based buildings and structures from a street 7.5 metres (25 feet) minimum 126 | Consolidated: June 20,2024 ZBA PART 9.7.7: 1438, 2009 1627, 2020 9.7.7 Highway Commercial Zone (CH) Purpose The purpose of a Highway Commercial (CH) zone is to provide land for convenient shopping opportunities for the traveling public, as well as people living near adjacent residential areas. .1 Permitted Uses The following principal uses shall be permitted in a CH zone: .1 commercial .2 restaurant .3 fueling station The following auxiliary uses shall be permitted in a CH zone: .4 accessory single dwelling residential .5 accessory building .6 off-street loading area .7 off-street parking .2 Conditions of Use .1 A commercial use shall be limited to retail sales, convenience store use, grocery sales liquor sales and atm machines. .2 Where a CH zone adjoins or abuts any residential zone, all buildings and structures shall be screened by a view obstructing fence not less than 2 metres (6.5 feet) in height along the boundary of the CH zone, which adjoins or abuts any such residential zone. The fence shall be maintained in good condition at all times. .3 An accessory single-dwelling residential use shall be: (a) limited exclusively to storeys above the first storey of a building used for commercial purposes. (b) the only use in the storey so used. (c) permitted only where no advertising use occurs on, above, or attached to the storeys so used. 127 | Consolidated: June 20,2024 .3 Regulations In a CH zone the following regulations contained in Table 9.7.7 shall apply: Table 9.7.7 Element Regulation Density Maximum of 2 accessory single- dwelling residential units per building Site Coverage 40% maximum Lot Size 1,000 square metres minimum (10,765 square feet) Lot Width 30 metres (100 feet) minimum Gross Floor Area accessory single-dwelling residential use all other uses 32.5 square metres (350 square feet) minimum plus an additional 14 square metres (150 square feet) of floor area for each bedroom not regulated Height 12 metres (40 feet) maximum Setbacks all buildings and structures from: front lot line rear lot line exterior side lot line interior side lot line 3.0 metres (10 feet) minimum 7.5 metres (25 feet) minimum 3.0 metres (10 feet) minimum 3.0 metres (10 feet) minimum 128 | Consolidated: June 20,2024 ZBA PART 9.7.8 1269, 2003 1395, 2008 1541, 2016 9.7.8 Tourist Accommodation Commercial Zone (CS4) Purpose The purpose of a Tourist Accommodation Commercial zone is to provide for low intensity tourist accommodation or commercial recreation development that does not conflict with surrounding uses. .1 Permitted Uses The following principal uses shall be permitted in this zone: .1 resort lodge .2 motel .3 campground The following auxiliary uses and no others shall be permitted: .3 accessory building .4 accessory single-dwelling residential .5 accessory office .6 off-street loading .7 off-street parking .8 commercial .9 commercial recreation .10 dock .11 agricultural .12 restaurant .2 Conditions of Use .1 Buildings and structures for motels and resort lodges shall have not more than one sleeping unit for each 60 square metres (645 square feet) of a lot area to a maximum of 20 units. .2 A campground use shall provide for not more than one recreational vehicle site or two tents for each 93 square metres (1,000 square feet) of lot area to a maximum of 5 sites per 4,000 square metres (1 acre). 129 | Consolidated: June 20,2024 .3 A commercial use shall be limited to a restaurant, licensed lounge, and commercial indoor recreation and shall not exceed 200 square metres (2,150 square feet). .4 An agricultural use shall only be permitted on lots that are within the Agricultural Land Reserve. .3 Regulations In CS4 zone the regulations contained in the Table 9.7.8 below shall apply: Table 9.7.8 Element Regulation Density not regulated Site Coverage all buildings and structures 5% maximum Lot Size 4,000 square metres minimum (1 acre) Lot Width not regulated Gross Floor Area accessory single-dwelling residential each sleeping unit for motel use 32.5 square metres (350 square feet) minimum plus an additional 14 square metres (150 square feet) of floor area for each bedroom 25.5 square metres (274 square feet) minimum Height accessory buildings all other buildings 3.7 metres (12 feet) 9.0 metres (30 feet) Setbacks all buildings and structures from: front lot line rear lot line exterior side lot line interior side lot line 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 4.5 metres (15 feet) minimum 3.0 metres (10 feet) minimum 130 | Consolidated: June 20,2024 ZBA PART 9.7.9 1586, 2017 1638, 2020 9.7.9 Lakeside Tourist Accommodation Commercial Zone (CS5) Purpose The purpose of a Lakeside Tourist Accommodation Commercial Zone is to provide for low intensive tourist accommodation that does not conflict surrounding uses. .1 Permitted Uses The following principal uses shall be permitted in a CS5 zone: .1 resort lodge The following auxiliary uses shall be permitted in a CS5 zone: .2 accessory building .3 accessory single-dwelling residential .4 accessory office .5 off-street loading .6 off-street parking .7 dock .8 park model .2 Conditions of Use .1 For a resort lodge: (a) building and structures shall have not more than one unit for each 60 square metres (645 square feet) of a lot area to a maximum of 10 unit. (b) shall be limited to common indoor and outdoor assembly areas and an accessory office for resort lodge administration. .2 An accessory office shall be limited in size to 46.45 square metres (500 square feet). .3 An accessory single-dwelling residential use shall be designed and constructed to accommodate the resident caretaker who is employed solely and distinctly to provide caretaker services on the attended property. 131 | Consolidated: June 20,2024 .3 Regulations In the CS5 zone the regulations contained in the Table 9.7.9 below shall apply: Table 9.7.9 Element Regulation Density see Conditions of Use Site Coverage all buildings and structures 40% maximum Lot Size subdivision 0.2 hectares (0.5 acres) minimum with an approved community sewer system 2.0 hectares (5 acres) minimum without an approved community sewer system Lot Width 15 metres (50 feet) minimum Gross Floor Area see Conditions of Use Height accessory buildings all other buildings 3.7 metres (12 feet) maximum 9.0 metres (30 feet) maximum Setbacks all buildings and structures from: front lot line rear lot line exterior side lot line interior side lot line 6.0 metres (20 feet) minimum 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum .4 Site Specific Exemptions Table 9.7.9.1 Legal Exemption Part 4.30 Acres More or Less South West Quarter Section 19 Township 4 Range 28 West of the Sixth Meridian Approved and Confirmed at Ottawa on Minimum lot size 132 | Consolidated: June 20,2024 Table 9.7.9.1 Legal Exemption the 30th Day of June, 1927 by Fredric Hatheway Peters, Surveyor General of Dominion Lands and of Record in the Department of the Interior Under No. 35351 New Westminster District 133 | Consolidated: June 20,2024 ZBA PART 9.8.1: 1438, 2009 1627, 2020 9.8.1 Light Industrial Zone (M1) Purpose The purpose of a Light Industrial (M1) zone is to accommodate industrial or manufacturing activities that are wholly enclosed and do not conflict with surrounding non-industrial uses. .1 Permitted Uses The following principal uses and no others shall be permitted in a M1 zone: .1 industrial .2 service industrial .3 warehousing .4 manufacturing .5 thermal reduction .6 public service .7 tank vehicle storage The following auxiliary uses shall be permitted in a M1 zone: .8 accessory building .9 off-street loading .10 restaurant .11 unenclosed storage .12 off-street parking .13 single-dwelling residential .14 accessory office .2 Conditions of Use .1 An industrial use in the M1 zone shall not include the following: (a) the operations of sawmills, hammer mills, rolling mills, blast furnaces, foundries, drop forges, brick kilns, flour mills or salvage yard (b) the manufacturing, processing, refining, mining of petroleum, bitumen, coal or tar products or derivatives, and corrosive, noxious, highly flammable or explosive minerals, chemicals, gases and fission or fusion products (c) the smelting, refining and reducing of minerals or metallic ores 134 | Consolidated: June 20,2024 (d) intensive agricultural (e) the operation of stockyards, abattoirs, composting facility, or the manufacturing of fertilizer (f) animal pound/kennel .2 Any principal use in an M1 zone shall not discharge or emit across lot lines odorous, toxic, or noxious matters or vapours. .3 An accessory off-street loading use must provide adequate space for loading, unloading, maneuvering and parking of trucks, clear of public streets. .4 An unenclosed storage use shall be: (a) limited to a maximum of 25% of the lot area. (b) limited to that part of a lot surfaced with asphalt, concrete or other dust-free materials. (c) screened from any abutting commercial or residential property. .5 An industrial use, service industrial use and manufacturing use is limited to a maximum of twenty percent (20%) of the gross floor area devoted to retail sales or display of goods manufactured, assembled, disassembled or repaired on site; retail sales of cannabis are not permitted. .6 A restaurant use shall be limited to a maximum gross floor area of 100 square metres, and a maximum seating capacity of 15 people. .7 An M1 zoned lot abutting or adjacent to any land zoned residential shall be bordered by a landscape screen of not less than 3.0 metres (10 feet) in width along that portion of its perimeter abutting or adjacent to that land zoned residential. .8 An auxiliary Single-Dwelling Residential use shall be located in the same building as the principle use and/or cannot be a separate stand-alone structure, be limited to a maximum floor area of 90 square metres (968.8 feet), adhere to the limits and regulations of the British Columbia Building Code and amendments thereof, and be designed and constructed to accommodate the resident caretaker who resides solely and distinctly to provide caretaker services on the attended property. 135 | Consolidated: June 20,2024 .3 Regulations In a M1 zone the following regulations contained in Table 9.8.1 shall apply: Table 9.8.1 Element Regulation Density not regulated Site Coverage all buildings and structures, including parking spaces, driveways and storage areas 90% maximum Lot Size subdivision 1,850 square metres (19,914 square feet) minimum Lot Width 36 metres (118 feet) minimum Gross Floor Area not regulated Height not regulated Setbacks all buildings and structures from: front lot line rear lot line where a rear lot line abuts the CPR railway all other parcels exterior lot line interior lot line 6.0 metres (20 feet) minimum 0.0 metres (0.0 feet) 6.0 metres (20 feet) minimum 6.0 metres (20 feet) minimum 0.0 metres (0.0 feet) minimum .4 Site-Specific Exemptions Table 9.8.1 Site Specific Exemptions Legal Description Exemption Lot 43 District Lot 49 Group 1 Yale Division of Yale District Plan 67529 To reduce the minimum lot size from 1,800 square metres to 1,537 square metres 136 | Consolidated: June 20,2024 ZBA PART 9.8.2: 1395, 2008 1501, 2013 9.8.2 Heavy Industrial Zone (M2) Purpose The purpose of a Heavy Industrial (M2) zone is to accommodate a full range of industrial activities in suitable locations, which is compatible to surrounding areas. .1 Permitted Uses The following principal uses shall be permitted in a M2 zone: .1 industrial .2 manufacturing .3 thermal reduction .4 tank vehicle storage The following auxiliary uses shall be permitted in a M2 zone: .5 accessory building .6 off-street loading .7 unenclosed storage .8 accessory office .9 off-street parking .10 restaurant .11 single-dwelling residential .2 Conditions of Use .1 The following uses are not permitted in a M2 zone: (a) intensive agricultural (b) the repairing and salvaging of motor vehicles, and recreational vehicles (c) manufacturing of fertilizer .2 Nothing shall be done which is or will become an annoyance or nuisance to the surrounding areas by reason of: (a) odorous, toxic, or noxious matters or vapours. (b) heat, glare, noise, radiation. (c) recurrently generated ground vibration. 137 | Consolidated: June 20,2024 .3 An off-street loading use must provide adequate space for loading, unloading, maneuvering and parking of trucks, clear of public streets. .4 An unenclosed storage use, except as provide in the subsection below shall be: (a) limited to a maximum of 30% of the lot area. (b) limited to that part of a lot surfaced with asphalt, concrete or other dust-free material. (c) bounded on all sides by a wall or fence of not less than 2.0 metres (6.5 feet) in height. .5 An industrial use or unenclosed storage use involving the wrecking, salvaging, or storing of salvage, scrap or junk other than within a building shall be bounded on all sides by a landscape screen of not less than 1.8 metres (6 feet) which is continuous except for driveways and walkways. .6 A lot abutting or adjacent to any land in a residential zone shall be bordered by a landscape screen of not less than 3.0 metres (10 feet) in width along that portion of its perimeter abutting or adjacent to that land. .7 An auxiliary single-dwelling residential use shall be located in the same building as the principle use and/or cannot be a separate stand-alone structure, be limited to a maximum floor area of 90 square metres (968.8 square feet), adhere to the limits and regulations of the British Columbia Building Code and amendments thereof, and be designed and constructed to accommodate the resident caretaker who resides solely and distinctly to provide caretaker services on the attended property. .3 Regulations In a M2 zone the following regulations contained in Table 9.8.2 shall apply: Table 9.8.2 Element Regulation Density not regulated Site Coverage all buildings and structures 70% maximum Lot Size subdivision 4,000 square metres (1 acre) minimum Lot Width 61 metres (200 feet) minimum Gross Floor Area not regulated Height not regulated 138 | Consolidated: June 20,2024 Table 9.8.2 Element Regulation Setbacks all buildings and structures from all lot lines 6.0 metres (20 feet) minimum 139 | Consolidated: June 20,2024 ZBA PART 9.8.3: 1501, 2013 1596, 2018 9.8.3 Special Industrial Zone (M3) Purpose The purpose of a Special Industrial (M3) zone is to accommodate industrial uses that may have the potential to be environmentally incompatible with residential and commercial uses. .1 Permitted Uses The following principal uses shall be permitted in a M3 zone: .1 industrial .2 manufacturing .3 thermal reduction .4 tank vehicle storage .5 cannabis cultivation facility The following auxiliary uses shall be permitted in a M3 zone: .6 accessory building .7 off-street loading .8 unenclosed storage .9 off-street parking .2 Conditions of Use .1 The following uses are not permitted in a M3 zone: (a) salvage yard (b) manufacturing of fertilizer .2 Nothing shall be done which is or will become an annoyance or nuisance to the surrounding areas by reason of: (a) odorous, toxic or noxious matters or vapours. (b) heat, glare, noise, radiation. (c) recurrently generated ground vibration. 140 | Consolidated: June 20,2024 .3 An off-street loading use must provide adequate space for loading, unloading maneuvering and parking of trucks, clear of public streets. .4 An enclosed storage use, except as provided in the subsection below shall be: (a) limited to a maximum of 30% of the lot area. (b) limited to that part of a lot surfaced with asphalt, concrete or other dust-free material. (c) bounded on all sides by a wall or fence of not less than 2.0 metres (6.5 feet) in height. .5 A lot abutting or adjacent to any land in a residential zone shall be bordered by a landscape screen of not less than 3.0 metres (10 feet) in width along the portion of its perimeter abutting or adjacent to that land. .3 Regulations In a M3 zone the following regulations contained in Table 9.8.3 shall apply: Table 9.8.3 Element Regulation Density not regulated Site Coverage all buildings and structures 70% maximum Lot Size subdivision 8,000 square metres (2 acre) minimum Lot Width 61 metres (200 feet) minimum Gross Floor Area not regulated Height not regulated Setbacks all buildings and structures from all lot lines 6.0 metres (20 feet) minimum 141 | Consolidated: June 20,2024 ZBA PART 9.8.4: 1580, 2017 9.8.4 Enclosed Storage Industrial Zone (M4) Purpose The purposed of an Enclose Storage Industrial Zone is to provide personal storage units and affordable housing in light industrial areas within the Agassiz Townsite. .1 Permitted Uses The following principal uses shall be permitted in a M4 zone: .1 enclosed mini-storage The following auxiliary uses shall be permitted in a M4 zone: .3 accessory single-dwelling residential .4 office .2 Conditions of Use .1 An accessory single-dwelling residential use shall only be permitted above the first storey and cannot be a separate stand-alone structure and be limited to a maximum floor area of 90 square metres (968.8 square feet), and adhere to the limits and regulations of the British Columbia Building Code and amendments thereof. .3 Regulations In a M4 zone the following regulations contained in Table 9.8.4 shall apply: Table 9.8.4 Element Regulation Density not regulated Site Coverage 80% maximum Lot Size 1,000 square metre minimum Lot Width 30 metres (98 feet) minimum Lot Depth 30 metres (98 feet) minimum Gross Floor Area not regulated Height 9.0 metres (98 feet) 142 | Consolidated: June 20,2024 Table 9.8.4 Element Regulation Setbacks front lot line rear lot line exterior side lot line interior side lot line not regulated not regulated 3.0 metres (10 feet) minimum not regulated 143 | Consolidated: June 20,2024 ZBA PART 9.9.1 1253, 2003 1264, 2003 1484, 2012 1622, 2019 1632, 2020 1705, 2022 1730, 2024 9.9.1 Resource Management Zone (MR) / Resource Management Industrial Zone (MR1) Purpose The purpose of a Resource Management (MR) zone is to provide for resource, and related rural development and for single dwelling detached residential development on lots of not less than 8 hectares (20 acres). The MR1 zone specifically provides for a resource processing use. .1 Permitted Uses The following principal uses shall be permitted in a MR/MR1 zone: .1 single-dwelling residential .2 resource The following auxiliary uses shall be permitted in a MR/MR1 zone: .3 accessory building .4 home occupation .5 short-term commercial accommodation (guest unit) .6 kennel .7 off-street parking .8 short-term commercial accommodation (principal residence) .9 secondary suite 10. resource processing in the MR1 Zone only .2 Conditions of Use .1 No more than one single-dwelling residential use is permitted on any one lot. .2 A single-dwelling residential use shall be permitted only in a site built house, a manufactured home or a mobile home. .3 A household business, in addition to a resource use, is limited to two of the following uses: (a) short-term commercial accommodation (guest unit) (b) home occupation 144 | Consolidated: June 20,2024 (c) kennel .4 A short -term rental use shall comply with the requirements of Part 7.13 of this bylaw. .3 Regulations In a MR or MR1 zone the following regulations contained in Table 9.9.1 shall apply: Table 9.9.1 Element Regulation Density not regulated Site Coverage not regulated Lot Size 8.0 hectares (20 acres) minimum Lot Width 61 metres (200 feet) minimum Gross Floor Area not regulated Height single-dwelling residential 9.0 metres (30 feet) Setbacks buildings and structures from all lot lines 7.5 metres (25 feet) minimum 145 | Consolidated: June 20,2024 ZBA PART 9.10.1 1336, 2006 1704, 2022 9.10.1 Institutional Zone (P1) Purpose The purpose of an Institutional (P1) zone is to provide for the location and development of facilities for civic, assembly, public service and personal care uses within the community. .1 Permitted Uses The following principal uses shall be permitted in a P1 zone: .1 civic .2 assembly .3 public service .4 personal care .5 child care centre The following auxiliary uses shall be permitted in a P1 zone: .5 accessory building .6 off-street loading .7 off-street parking .8 single dwelling residential .2 Conditions of Use .1 A kennel use shall only be operated by the Municipality, Regional District, or a registered society. .2 An auxiliary Single Dwelling Residential Use shall be designed and constructed to accommodate the resident minister or equivalent person, or a caretaker who is employed solely and distinctly to provide caretaker services on the attended property. 146 | Consolidated: June 20,2024 .3 Regulations In a P1 zone the following regulations contained in Table 9.10.1 shall apply: Table 9.10.1 Element Regulation Density not regulated Site Coverage all buildings and structures 40% maximum Lot Size 558 square metres minimum (6,000 square feet) Lot Width 18 metres (59 feet) minimum Gross Floor Area not regulated Height personal care all other buildings and structures 12 metres (40 feet) maximum not regulated Setbacks all buildings and structures from all lot lines 6.0 metres (20 feet) minimum 147 | Consolidated: June 20,2024 ZBA PART 9.10.2 1237, 2002 1464, 2010 1504, 2014 1704, 2022 9.10.2 Park, Recreation and Open Space Zone (P2) Purpose The purpose of a Park, Recreation and Open Space (P2) zone is to provide for the location, preservation and development of public land for park and recreational purposes. .1 Permitted Uses The following principal uses shall be permitted in a P2 zone: .1 park .2 commercial outdoor recreation .3 civic .4 marina .5 campground The following auxiliary uses shall be permitted in a P2 zone: .6 accessory building .7 assembly .8 off-street parking .9 commercial .10 dwelling unit .11 child care centre .2 Conditions of Use .1 A civic use shall be limited to the following uses in a P2 zone: (a) exhibition ground (b) public swimming pool (c) public museum and archives (d) public recreation facility (e) public washroom .2 A campground use, and a marina use shall be maintained and operated by a municipal or provincial authority. 148 | Consolidated: June 20,2024 .3 An assembly use shall be limited to halls, auditoriums, day care centres, youth centres, and senior centres. .4 An auxiliary commercial use shall only be permitted on the main floor of the Aberdeen Centre located on the property legally described as Lot 1 District Lot 19 Group 1 Yale Division of Yale District Plan 74597. .5 A dwelling unit, subject to permit, may be a stand-alone structure or a recreational vehicle that is limited to a maximum floor area of 90 square metres (968.80 square feet) to accommodate the resident caretaker who resides solely and distinctly to provide caretaker services to the attended property. .3 Regulations In a P2 zone the following regulations contained in Table 9.10.2 shall apply: Table 9.10.2 Element Regulation Density not regulated Site Coverage not regulated Lot Size not regulated Lot Width not regulated Gross Floor Area not regulated Height not regulated Setbacks all buildings and structures from all lot lines 6.0 metres (20 feet) minimum 149 | Consolidated: June 20,2024 ZBA PART 9.10.3: 1704, 2022 9.10.3 Institutional Assembly Zone (P3) Purpose The purpose of the P3 Zone is to accommodate cultural, religious, recreation and services uses. .1 Permitted Uses The following principal uses shall be permitted in a P3 zone: .1 assembly .2 civic .3 cultural or religious campus (only permitted on a lot or contiguous group of lots greater than 9.0 hectares) The following auxiliary uses shall be permitted in an P3 zone: .4 accessory building .5 accessory office .6 accessory single-dwelling residential .7 community services .8 dormitory (auxiliary to cultural or religious campus only) .9 education facility .10 light agricultural .11 off-street loading .12 off-street parking .13 overnight camp (only permitted on a lot or contiguous group of lots greater than 9.0 hectares) .14 lodge (auxiliary to cultural or religious campus only) .15 park .16 personal care .17 single dwelling residential 150 | Consolidated: June 20,2024 .2 Conditions of Use .1 A light agricultural use shall have the following livestock, poultry, and other animal limitations: (a) Livestock with a mature weight of 159 kg (350 lbs) or greater - one (1) livestock for every 0.2 hectares (0.5 acres) with a minimum lot size of 0.4 hectares (1 acres). (b) Livestock with the exception of swine, with a mature weight that is less than 159 kg (350 lbs) - three (3) livestock for every 0.2 hectares (0.5 acres) with a minimum lot size of 0.4 hectares (1 acres). (c) Poultry - twenty-four (24) head of poultry for every 0.2 hectares (0.5 acres) with the minimum lot size of 0.2 hectares (0.5 acres). (d) Geese, ducks, rabbits, pigeons and doves - twenty-four (24) geese or ducks or rabbits or pigeons or doves, or a combination thereof for every 0.4 hectares (1 acre) with a minimum lot size of 0.4 hectares (1 acre). .2 Only one accessory single-dwelling residential use per lot is permitted. .3 Regulations In an P3 zone the following regulations contained in Table 9.10.3 shall apply: Table 9.10.3 Element Regulation Density not regulated Site coverage all buildings and structures 40% of the lot size maximum Lot Size within the urban growth boundary outside the urban growth boundary cultural or religious campus or overnight camp light agricultural 558 square metres (~6,000 square feet) 0.4 hectares (1.0 acres) 9.0 hectares (22.24 acres) 2.0 hectares (5.0 acres) Lot Width 18 metres (59 feet) minimum 151 | Consolidated: June 20,2024 Table 9.10.3 Element Regulation Gross Floor Area dormitory lodge 1,500 square metres 500 square metres Height principal uses auxiliary uses 15 metres (50 feet) 12 metres (40 feet) Setbacks all buildings and structures from all lot lines 6.0 metres (20 feet) minimum 152 | Consolidated: June 20,2024 ZBA PART 9.11.1 1345, 2006 1489, 2012 1737, 2024 9.11.1 Comprehensive Development Zone (CD1) Purpose The purpose of this Comprehensive Development Zone 1 is to utilize an opportunity to provide compact Single Dwelling Residential homes which provide some special consideration that meet the property configuration with road frontages on three sides and meets density projections as outlined in the current OCP. .1 Permitted Uses The following principal uses shall be permitted in this zone: .1 single-dwelling residential s .2 two-dwelling residential The following auxiliary uses and no others shall be permitted: .3 accessory building .4 accessory dwelling unit .5 home occupation .2 Conditions of Use .1 accessory building is limited to a detached garage; .2 The following are permitted as accessory dwelling unit uses in this zone: (a) secondary suite .3 Regulations In CD1 zone the regulations contained in the Table 9.11.1 below shall apply: Table 9.11.1 Element Regulation Maximum Permitted Dwelling Units Per Lot Three dwelling units for lots equal to or less than 280 square metres (~3,000 square feet) in size Four dwelling units for lots greater than 280 square metres (~3,000 square feet) in size Site Coverage all buildings and structures accessory buildings 60% of lot size 15% of lot size 153 | Consolidated: June 20,2024 Table 9.11.1 Element Regulation Lot Size 231 square metres minimum (2,487 square feet) Lot Width 9.5 metres (31 feet) minimum, with a minimum lot width of 11.3 metres (37 feet) for a corner lot Gross Floor Area principal use and for accessory building use (includes porches/verandas) 90% of lot size Height principal uses accessory use 9.0 metres (30 feet) 3.7 metres (12 feet) Setbacks single-dwelling residential from: front lot line rear lot line exterior side lot line interior side lot line accessory buildings from: rear lot line interior side lot line *note: siting exemptions 7.4.1.3 and 7.4.1.4 do not apply to this zone 3.0 metres (10 feet) and 3.3 metres (11 feet) minimum, alternating lots 8.5 metres (28 feet) minimum 3.0 metres (10 feet) minimum 1.2 metres (4 feet) minimum 0.9 metres (3 feet) minimum 0.0 metres minimum 154 | Consolidated: June 20,2024 ZBA PART 9.11.2 1345, 2006 1489, 2012 9.11.2 Comprehensive Development 2 Zone (CD2) Purpose The Comprehensive Development 2 Zone (CD2) consists of land in Mount Woodside Highlands Boulevard area (see Part 9.11.1.4 Site Plan). The purpose of the CD2 Zone is to accommodate a mixed density residential area with limited commercial and industrial development to a maximum of 400 principal residential units and a max of 1 hectare highway commercial and serviced by an approved community sanitary sewer and water system. .1 Permitted Uses The following principal uses shall be permitted in this zone: .1 single-dwelling residential .2 two-dwelling residential .3 row house .4 multiple dwelling residential use which includes an apartment, garden apartment and townhouse .5 highway commercial use which includes a service station, commercial, restaurant and neighbourhood pub .6 institutional which includes an assembly, civic, and public service The following auxiliary uses and no others shall be permitted: .7 single-dwelling residential: (a) accessory building (b) home occupation (c) short-term commercial accommodation (guest unit) (d) secondary suite (e) off-street parking (f) short-term commercial accommodation (principal residence) .8 two-dwelling residential: (a) accessory building (b) home occupation (c) off-street parking (d) secondary suite .9 row house: (a) accessory building 155 | Consolidated: June 20,2024 (b) home occupation (c) off-street parking (d) secondary suite .10 multi-dwelling residential: (a) accessory building (b) home occupation (c) off-street parking (d) secondary suite .11 highway commercial: (a) accessory building (b) off-street parking (c) off-street parking loading .12 institutional: (a) accessory building (b) off-street parking (c) off-street parking loading .2 Conditions of Use .1 For a single-dwelling residential use: (a) no more than one single-dwelling residential use and one secondary suite use is permitted on any lot. (b) no more than one accessory building is permitted on any lot. (c) a household business is limited to one of the following uses: i. short-term commercial accommodation (guest unit) ii. home occupation (d) short-term rental use shall comply with requirements of Part 7.13 of this bylaw. .2 For a two-dwelling residential use: (a) no more than one accessory building is permitted for each duplex unit. .3 For a row house use: (a) No more that one accessory building is permitted on any lot. (b) a party wall agreement must be registered on title for each row house lot. 156 | Consolidated: June 20,2024 (c) construction of all dwelling units within a row house building shall occur as a single development project. .4 For a multiple-dwelling residential use: (a) no more than one accessory building is permitted for each duplex unit. (b) a secondary suite use is permitted only within a townhouse use. (c) off-street parking shall be: i. concealed within the building or not occupy more than 10% of the remaining surface of the lot area after building coverage. ii. Bounded by a landscape screen of not less than 1.2 metre (4 feet) in height when not concealed. iii. Sited in way that the surface of such use or a driveway for such use at or above ground level is not within a horizontal arc of 3 metres (10 feet) in radius measured from the nearest surface of a window to a habitable room. .5 For highway commercial use: (a) a commercial use is limited to a souvenir shop, book store, art gallery, artisan craft sales, automated bank machine, hairdressers and convenience store. (b) a service station use is limited to the retail sales of motor fuels, lubricating oils, automobile accessories and the washing of motor vehicles and recreational vehicles. (c) a highway commercial lot abutting or adjacent to a residential zone shall be bordered by a view obstructing fence not less than 2 metres (6.5 feet) in height along the boundary of the highway commercial use. The fence shall be maintained in good condition at all times. (d) no more than one accessory building is permitted on any lot. (e) commercial development shall recognize adjoining residential uses through appropriate siting, architectural treatments and landscaping. .6 For an institutional use: (a) a public service use shall not include a mortuary/crematorium, garbage/recycling facility, or animal pound/kennel. 157 | Consolidated: June 20,2024 .3 Regulations TABLE 9.11.2 Single-Dwelling Residential Use Element Regulation Density 27 units per hectare (11 units per acre) maximum Site Coverage all buildings and structures accessory buildings 45% maximum 10% maximum Lot Size subdivision 360 square metres (3,875 square feet) minimum Lot Width 12 metres (39 feet) minimum with a minimum lot width of 13.5 metres (44 feet) for a corner lot Lot Depth 30 metres (98 feet) minimum Gross Floor Area (floor area ratio) not regulated Height single-dwelling residential accessory buildings on a lot less than 1,000 square metres accessory buildings on a lot greater than 1,000 square metres 9.0 metres (30 feet) maximum 4.0 metres (13 feet) maximum 6.0 metres (19 feet) maximum Setbacks Bare-land strata and fee simple: single-dwelling residential from: front lot line rear lot line exterior side lot line interior side lot line accessory buildings from: front lot line rear lot line exterior lot line interior side lot line 6.0 metres (20 feet) minimum 5.5 metres (18 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum 7.5 metres (25 feet) minimum 1.5 metres (5 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum 158 | Consolidated: June 20,2024 Two-Dwelling Residential Use Element Regulation Density 20 units per hectare (8 units per acre) maximum Site Coverage all buildings and structures 40% maximum Lot Size 630 square metres (6,780 square feet) minimum Lot Width 18 metres (59 feet) minimum Gross Floor Area (floor area ratio) not regulated Height two-dwelling residential accessory building 9.0 metres (30 feet) maximum 3.7 metres (12 feet) maximum Setbacks residential buildings and structures from: front lot line rear lot line exterior side lot line interior side lot line accessory buildings front lot line rear lot line exterior lot line interior side lot line 6.0 metres (20 feet) minimum 7.5 metres (25 feet) minimum 4.5 metres (15 feet) minimum 1.5 metres (5 feet) minimum 7.5 metres (25 feet) minimum 1.5 metres (5 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum Row House Use Element Regulation Density 1.0 dwelling unit per lot Site Coverage all buildings and structures 50% maximum Lot Size 300 square metres (3.23 square feet) minimum 159 | Consolidated: June 20,2024 Lot Width 10 metres (32 feet) minimum Lot Depth not regulated Gross Floor Area not regulated Height row house accessory building 9.0 metres (30 feet) 3.7 metres (12 feet) Setbacks row house from: front lot line rear lot line exterior side lot line interior side lot line accessory building from: front lot line rear lot line exterior side lot line interior side lot line 6.0 metres (20 feet) minimum 4.5 metres (15 feet) minimum 4.5 metres (15 feet) minimum 3.0 metres (10 feet) minimum not required on a lot line that has a party wall 7.5 metres (25 feet) minimum 1.5 metres (5 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum Multiple Dwelling Use Element Regulation Density 75 units per hectare (30 units per acre) maximum Site Coverage all buildings and structures 40% maximum Lot Size townhouse apartment and garden apartment 880 square metres (9,500 square feet) minimum 1,300 square metres (14,000 square feet) minimum Lot Width 18 metres (59 feet) minimum 160 | Consolidated: June 20,2024 Gross Floor Area For each dwelling unit: townhouse and apartment garden apartment 32.5 square metres (350 square feet) minimum plus an additional 14 square metres (150 square feet) of floor area for each bedroom 70 square metres (750 square feet) maximum Height apartment, garden apartment and townhouse accessory building 12 metres (40 feet) maximum 3.7 metres (12 feet) maximum Setbacks townhouse from: front lot line rear lot line exterior side lot line interior side lot line apartment and garden apartment from all lot lines accessory buildings from: front lot line rear lot line exterior lot line Interior side lot line 6.0 metres (20 feet) minimum 6.0 metres (20 feet) minimum 6.0 metres (20 feet) minimum 4.5 metres (15 feet) minimum 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 1.5 metres (5 feet) minimum 3.0 metres (10 feet) minimum 1.5 metres (5 feet) minimum Commercial Use Element Regulation Density not regulated Site Coverage all buildings and structures 40% maximum Lot Size 745 square metres (8,020 square feet) minimum Lot Width 30 metres (100 feet) minimum 161 | Consolidated: June 20,2024 Gross Floor Area not regulated Height all buildings and structures 6.0 metres (20 feet) maximum Setbacks all buildings except accessory buildings from: front lot line rear lot line exterior side lot line interior side lot line accessory buildings from: front lot line rear lot line exterior lot line interior side lot line 15 metres (50 feet) minimum 7.5 metres (25 feet) minimum 15 metres (50 feet) minimum 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 3.0 metres (10 feet) minimum Institutional Use Element Regulation Density not regulated Site Coverage all buildings and structures 40% maximum Lot Size 560 square metres (6,000 square feet) minimum Lot Width 18 metres (59 feet) minimum with a minimum lot width of 19.5 metres (64 feet) for a corner lot Gross Floor Area not regulated Height all buildings and structures 12 metres (40 feet) maximum Setbacks all buildings except accessory buildings from all lot lines 6.0 metres (20 feet) minimum 162 | Consolidated: June 20,2024 accessory buildings from: front lot line rear lot line exterior side lot line interior side lot line 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 7.5 metres (25 feet) minimum 3.0 metres (10 feet) minimum .4 Site Plan 163 | Consolidated: June 20,2024 ZBA PART 9.11.3 1368, 2007 1549, 2016 9.11.3 Comprehensive Development 3 Zone (CD3) Purpose The purpose of a Comprehensive Development 3 Zone (CD3) zone is to provide for a low intensity tourist accommodation and resort lodge recreation development in proper relationship to surrounding areas and in conformity with permitted uses. .1 Permitted Uses The following principal uses shall be permitted in the CD3 zone: .1 campground .2 resort lodge .3 resort cabin The following auxiliary uses and no others shall be permitted in the CD3 zone: .1 accessory buildings .2 one accessory single-dwelling residential .3 accessory employee accommodation .4 one accessory office .5 commercial indoor recreation .6 dock .2 Conditions of Use .1 A campground use shall provide for tents only and not more than one tent for each resort cabin unit. .2 A resort cabin shall be limited to a single-dwelling residential use or two- dwelling residential use intended to be occupied by the travelling public for overnight accommodation and may or may not include a kitchen. .3 Accessory buildings shall be limited to washrooms, laundry, maintenance, utility, activity and administration buildings. .4 An accessory single-dwelling residential use shall be designed and constructed to accommodate the resident caretaker who is employed solely and distinctly to provide caretaker services on the attended property. .5 An accessory office use shall be limited in size to 500 square feet. 164 | Consolidated: June 20,2024 .3 Regulations In a CD3 zone the following regulations contained in Table 9.11.3 shall apply: Table 9.11.3 Element Regulation Density resort lodge resort cabin accessory single dwelling 20 units 70 units 1 unit Site Coverage all buildings and structures 5% maximum Sanitary Sewer approved mini-treatment facility Lot Size 20 acres (8 hectares) minimum Lot Width not regulated Gross Floor Area accessory single-dwelling residential each sleeping unit for resort lodge 32.5 square metres (350 square feet) minimum plus an additional 14 square metres (150 square feet) of floor area for each bedroom 28 square metres (301 square feet) minimum Height resort lodge resort cabin (1 ½ storey) accessory buildings 10 metres (30 feet) maximum 6.1 metres (20 feet) maximum 4.0 metres (12 feet) maximum Setbacks all buildings and structures from all lot lines 7.5 metres (25 feet) minimum 165 | Consolidated: June 20,2024 ZBA PART 9.11.4 1697, 2022 9.11.4 Comprehensive Development 4 Zone (CD4) Purpose The purpose of this comprehensive zone is to accommodate a mixed-use building consisting of commercial and residential units in the form of an apartment. .1 Permitted Uses The following principal uses shall be permitted in an CD4 zone: .1 commercial .2 service commercial .3 office .4 veterinary hospital .5 entertainment and recreation .6 restaurant .7 civic The following auxiliary uses shall be permitted in an CD4 zone: .8 apartment .9 off-street parking .10 off-street loading .2 Conditions of Use .1 An apartment use shall be: (a) limited exclusively to storeys above the first storey of a building used for commercial purposes. (b) the only use in the storey so used. (c) permitted only where no advertising use occurs on, above, or attached to the storeys so used. 166 | Consolidated: June 20,2024 .3 Regulations In a CD4 zone the following regulations contained in Table 9.11.4 shall apply: TABLE 9.11.4 Element Regulation Density not regulated Site Coverage all buildings and structures not regulated Lot Size subdivision 1,400 square metres (15,000 square feet) minimum Lot Width 30 metres Gross Floor Area (floor area ratio) not regulated Height 14 metres Setbacks all buildings and structures from: exterior side lot line all other lot lines 3.0 metres (10 feet) minimum not regulated .4 Parking .1 On-site parking has been provided for 24 residential units. Additional parking for residential units (including visitor parking) and commercial uses, will be provided off-site. .2 A reduction in the amount of residential stalls provided on-site has been proposed in order to develop as many affordable housing units as possible.