Zoning Bylaw No. 851

Keremeos, British Columbia · adopted 2021-02-01

This is the exact embedded text of the captured official document. Snapshot 563f20a2639a · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

ZONING BYLAW NO. 851 Revised December 4, 2025 CONSOLIDATED FOR CONVENIENCE WITH AMENDMENT BYLAWS 851-01, 851-02, 851-03, 851-04, 851-05, 851-06, 851-08 and 851-10 Village of Keremeos | Zoning Bylaw No. 851 Page | 1 Village of Keremeos Zoning Bylaw No. 851 TABLE OF CONTENTS Page 1.0 TITLE AND APPLICATION ............................................................................................. 4 2.0 TRANSITION ............................................................................................................... 5 3.0 ADMINISTRATION ....................................................................................................... 7 4.0 DEFINITIONS ............................................................................................................... 9 5.0 CREATION OF ZONES ................................................................................................. 23 6.0 GENERAL REGULATIONS ............................................................................................ 26 7.0 SPECIFIC USE REGULATIONS ....................................................................................... 31 8.0 FLOODPLAIN REGULATIONS ....................................................................................... 35 9.0 VEHICLE PARKING AND LOADING REGULATIONS ........................................................ 37 10.0 SUBDIVISION REGULATIONS ...................................................................................... 44 11.0 LOW DENSITY RESIDENTIAL ZONES ............................................................................. 45 11.1 LOW DENSITY RESIDENTIAL ONE (RS1) ZONE ........................................................... 45 11.2 LOW DENSITY MANUFACTURED HOME PARK (RSM) ZONE ...................................... 47 12.0 MEDIUM DENSITY RESIDENTIAL ZONES ...................................................................... 50 12.1 MEDIUM DENSITY RESIDENTIAL ONE (RM1) ZONE ................................................... 50 13.0 VILLAGE CENTRE ZONES ............................................................................................. 52 13.1 VILLAGE CENTRE (VC) ZONE ...................................................................................... 52 14.0 COMMERCIAL ZONES ................................................................................................. 57 14.1 HIGHWAY COMMERCIAL (C1) ZONE .......................................................................... 57 14.2 SERVICE COMMERCIAL ONE (CS1) ZONE ................................................................... 60 15.0 TOURIST COMMERCIAL ZONES ................................................................................... 62 15.1 TOURIST COMMERCIAL ONE (CT1) ZONE .................................................................. 62 16.0 INDUSTRIAL ZONES .................................................................................................... 64 Village of Keremeos | Zoning Bylaw No. 851 Page | 2 16.1 GENERAL INDUSTRIAL (M1) ZONE ............................................................................. 64 16.2 AGGREGATE EXTRACTION (M2) ZONE ...................................................................... 67 17.0 RURAL ZONES ............................................................................................................ 69 17.1 AGRICULTURE (AG) ZONE .......................................................................................... 69 17.2 AGRICULTURE TRANSITION (AGX) ZONE ................................................................... 71 18.0 ADMINISTRATIVE AND INSTITUTIONAL ZONES ........................................................... 73 18.1 ADMINISTRATIVE AND INSTITUTIONAL (AI) ZONE .................................................... 73 19.0 PARKS, RECREATION AND OPEN SPACE ZONES ........................................................... 75 19.1 PARKS AND RECREATION (PR) ZONE ......................................................................... 75 19.2 CONSERVATION AREA (CA) ZONE .............................................................................. 77 20.0 TRANSPORTATION ..................................................................................................... 78 20.1 TRANSPORTATION CORRIDOR (TC) ZONE ................................................................. 78 LIST OF SCHEDULES, MAPS, FIGURES, AND TABLES Schedule 'A' Village of Keremeos Zoning Text Figure 4.1 Illustration of Parcel Types and Setback Locations Figure 6.3 Side setback projection limits Figure 6.5 Site Triangle Figure 9.6.2 Parking Dimension Factors (Amended by Bylaw 851-06, 2024) Schedule 'B' Village of Keremeos Zoning Map Schedule 'C' Village of Keremeos Floodplain Map Note: Schedules 'B' and 'C' can be viewed either on the Village of Keremeos website at www.keremeos.ca, or by requesting hard copy at the Village of Keremeos office. Village of Keremeos | Zoning Bylaw No. 851 Page | 3 VILLAGE OF KEREMEOS ZONING BYLAW NO. 851 A Bylaw to divide the Municipality into zones and regulate within the zones: 1. the use of land, buildings and structures, 2. the density of the use of land, buildings and structures, 3. the siting, size and dimensions of: a) buildings and structures, and b) uses that are permitted on the land, 4. the shape, dimensions and area, including the establishment of maximum and minimum sizes of all parcels of land that may be created by subdivision, 5. the provision of off-street parking and loading spaces, 6. the provision of screening or landscaping, 7. floodplain regulations, and 8. other matters under provincial empowering enactments. The Council of the Village of Keremeos, in Open Meeting Assembled, ENACTS AS FOLLOWS: Village of Keremeos | Zoning Bylaw No. 851 Page | 4 1.0 TITLE AND APPLICATION 1.1 This bylaw may be cited as "Village of Keremeos Zoning Bylaw No. 851, 2020" 1.2 This Bylaw applies to all land, including the surface of water, located within the Village of Keremeos. This Bylaw includes: Schedule 'A' Zoning Bylaw Text Schedule 'B' Zoning Bylaw Map Schedule 'C' Zoning Bylaw Floodplain Map Village of Keremeos | Zoning Bylaw No. 851 Page | 5 2.0 TRANSITION 2.1 Zoning Bylaw No. 788, 2011, as amended, and Floodplain Requirements Bylaw No. 642, 2002, are repealed. Read a first and second time on the 21st of December, 2020. Public Hearing held on the 1st of February, 2021. Read a third time on the 1st of February, 2021. Village of Keremeos | Zoning Bylaw No. 851 Page | 6 SCHEDULE 'A' VILLAGE OF KEREMEOS ZONING BYLAW NO. 851 Village of Keremeos | Zoning Bylaw No. 851 Page | 7 3.0 ADMINISTRATION 3.1 General .1 The Municipal Building Inspector and any other employee appointed by Council to administer this bylaw are at all reasonable times on any day authorized to enter on any property that is subject to regulation under this bylaw to ascertain whether the regulations or directions under this bylaw are being observed. 3.2 Applicability .1 Land or the surface of water must not be used, land shall not be subdivided and buildings or structures must not be constructed, altered, located or used except as specifically permitted in this Bylaw. .2 Parcels created prior to adoption of this Bylaw that do not meet any minimum parcel area or dimensions, may be used for any of the permitted uses listed in each zone, subject to any limitations contained therein. .3 Parcels shall be consolidated prior to issuance of building permit where the proposed building would otherwise straddle the parcel line. .4 Except for all non-habitable buildings under 10.0 m2 in size, all buildings and structures must be affixed to permanent foundations. 3.3 Prohibitions and Penalties .1 Every person who: a) violates any of the provisions of this bylaw; b) causes or permits any act or thing to be done in contravention or violation of any of the provisions of this bylaw; c) neglects or omits to do anything required under this bylaw; d) carries out, causes or permits to be carried out any development in a manner prohibited by or contrary to any of the provisions of this bylaw; e) fails to comply with an order, direction or notice given under this bylaw; f) being the owner of land, permits, allows or suffers any occupier of that land to do any act or thing in contravention or violation of any of the provisions of this bylaw, to neglect or omit to do anything required under this bylaw, to carry out any development in a manner prohibited by or contrary to any of the provisions of this bylaw, or to fail to comply with an order, direction or notice given under this bylaw; or Village of Keremeos | Zoning Bylaw No. 851 Page | 8 g) prevents or obstructs or attempts to prevent or obstruct the authorized entry of the Municipal staff on property, commits an offence under this bylaw. .2 Every person who commits an offence under this bylaw is liable to a fine not exceeding $10,000.00, and the costs of prosecution. .3 In the case of a continuing offence, each day on which offence occurs or continues to occur constitutes a new and distinct offence. 3.4 Severability .1 If any section, subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder. 3.5 Illustrations .1 In the event of any inconsistency between the text of this bylaw and any figure or illustration, the text shall govern. Village of Keremeos | Zoning Bylaw No. 851 Page | 9 4.0 DEFINITIONS In this Bylaw: A "abattoir" means a use that provides for the penning and slaughtering of live animals and the preliminary processing of animal carcasses and may include the packing, treating, storing and selling of the product on the premises; (Amended by Bylaw 851-06, 2024) "accessory dwelling" means a dwelling unit which is permitted as an accessory use in conjunction with a principal use and is not located entirely within any other dwelling unit. "accessory use" means a use which is subordinate, customarily incidental, and exclusively devoted to a principal use in existence on the same parcel; "accessory building or structure" means a detached building or structure located on the same parcel as the principal building, the use of which is subordinate, customarily incidental, and exclusively devoted to that of the principal building; "aggregate resource extraction" means the quarrying, sorting, screening and removal of sand, gravel, earth or mineralized rock found on or under a site and includes quarries, gravel pits and stripping of topsoil but excludes subsequent manufacturing operations such as concrete plants, asphalt plants and gravel crushing operations; "agriculture" means the use of land, buildings or structures for growing, harvesting, packing, storing and wholesaling of agricultural crops for the purposes of providing food, horticultural, medicinal or farm products, but excludes processing and retail sales of farm products and cannabis production. Agriculture includes producing and rearing animals and range grazing of horses, cattle, sheep, and other livestock and includes apiculture and aquaculture; "aisle space" means the area of a parking lot which provides space for motor vehicle access and does not include space for motor vehicle parking; "alcohol production facility" means mean a brewery, cidery, distillery, meadery or winery, as applicable, that is licensed under the Liquor Control and Licensing Act to produce beer, cider, spirits, mead or wine; "alteration" means, in relation to land, the subdivision of land, and in relation to a building or structure a change to a building including: (i) an addition to gross floor area or height; Village of Keremeos | Zoning Bylaw No. 851 Page | 10 (ii) the removal of a portion of the building; (iii) construction of, cutting into, or removal of a wall, partition, column, beam, joist or floor; and (iv) a change to or closing of any required means of access or egress; "amenity area" means a useable open space area exclusive of required front and side parcel line setback areas and parking areas which is developed for the recreational use of the residents of a residential dwelling unit, and may include balconies, patios, decks and level landscaped recreation areas. "apartment building" means a building other than a townhouse containing three (3) or more dwellings each of which has its principal access from an entrance common to the dwellings; "artisan studio" means premises for the production of art, photography, audio visual materials, sculpture and other crafts including but not limited to pottery, wood crafts, metal crafts, textile crafts, glass crafts, custom stone crafts or native crafts; "assembly" means the gathering of persons for charitable, civic, cultural, educational, entertainment, philanthropic, political, recreational or religious purposes; B "bed and breakfast operation" means a home occupation conducted within a principal dwelling unit, by the residents of the dwelling unit, which provides sleeping accommodations to the traveling public and includes the provision of a morning meal for those persons using the sleeping accommodations; "building" means a roofed structure used or intended for supporting or sheltering any use or occupancy; "business service establishment" means a business premises or building where non-household business services are provided, and where any retail sale of goods is accessory to the provision of such services, and for this purpose, electrical and appliance repair, printing and duplication, minor repair of mechanical equipment for printing and duplicating, secretarial services, custodial or janitorial services, testing laboratories, sign printing, home and office security, and photography are considered non-household business services; "business premises" means a part of a building used for carrying on a commercial or industrial undertaking of any kind or nature for gain or profit, but does not include home occupations; Village of Keremeos | Zoning Bylaw No. 851 Page | 11 C "campground" means a parcel of land occupied and maintained for temporary accommodation (maximum 30 days) of the traveling public in tents or recreation vehicles which are licensed for the current year and have been brought to the site by the traveler. May include an office, washroom facility and laundry as part of the permitted use but does not include cabins, hotels, manufactured homes, manufactured home parks, motels or park model trailers; "cannabis" means any plant of the genus cannabis; including: a) any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not; b) any substance or mixture of substances that contains or has on it any part of such a plant; and c) any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained. "cannabis retail store" means a business selling marihuana products for medical or recreational use. "cannabis production" means the commercial production, cultivation, synthesis, harvesting, altering, propagating, processing, packaging, storage, distribution or scientific research of cannabis or cannabis products as permitted by federal enactment, but excludes the growing of cannabis by an individual for their personal use and consumption; "cannabis products" means plant material from cannabis and any products that include cannabis or cannabis derivatives, intended for human use or consumption; "car wash" means the use of land or a building for the cleaning of motor vehicles; "child care centre" means a use which provides for the care of more than eight (8) children in accordance Child Care Licensing Regulation under the Community Care and Assisted Living Act; "community care facility" means a care facility that combines private living quarters with centralized dining services, shared living spaces, and access to social and recreational activities. A community care facility usually provides supportive services like meals and housekeeping in addition to rental accommodation; "community sewer system" means a system owned, operated or maintained by the Municipality for the collection, treatment and disposal of sanitary sewage; Village of Keremeos | Zoning Bylaw No. 851 Page | 12 "community water system" means a system of waterworks, within the meaning of the Health Act, which is owned, operated or maintained by the Municipality or an Improvement District under the Water Utility Act or the Community Charter; "construction services" means a business premises or building that is used for trades contractor offices as well as construction equipment sales, rentals and storage; "crematorium" means a building fitted to undertake the cremation of human remains; D "derelict vehicle" includes a vehicle, except a farm vehicle, that is not displaying a current licence, pursuant to Provincial regulations, and which is not enclosed within a garage or carport; "designated flood" means a flood, which may occur in any given year, of such magnitude as to equal a flood having a 200-year recurrence interval, based on a frequency analysis of unregulated historic flood records or by regional analysis where there is inadequate watercourse flow data available; "designated flood level" means an observed or calculated water level attained by a designated flood, which is used in the calculation of the flood construction level; "development" means any activity carried out in the process of clearing or preparing a site or constructing or erecting buildings or structures; "duplex" means a building containing two principal dwelling units with each unit having an independent exterior entrance. "dwelling unit" means one or more habitable rooms constituting one self-contained unit which has a separate entrance (to the exterior of the dwelling or a common area), and which contains washroom facilities, and not more than one set of cooking facilities and which is designed to be used for living and sleeping purposes; E "eating and drinking establishment" means a business premises or building where prepared foods and beverages are offered for sale to the public for consumption within the premises or off the site and includes neighbourhood pubs, licensed restaurants, lounges, cafes, delicatessens, tea rooms, dining rooms, drive-thru food services, refreshment stands and take-out restaurants, but excludes mobile catering food services; "educational facility" means a business premises, building or group of buildings used for assembly for education, training or instruction purposes including but not limited to elementary Village of Keremeos | Zoning Bylaw No. 851 Page | 13 and secondary schools, community colleges, universities, technical and vocational schools, and accessory administration offices or maintenance and storage facilities that are required for the daily operation of the service or facility; "equestrian centre" means the use of riding arenas, stables, training tracks and other structures that accommodate the activity of riding horses, and in which horses are sheltered and fed; F "family" means one or more persons related by marriage, blood, common law, adoption or foster parenthood, or not more than five (5) unrelated persons sharing one dwelling unit typical of a single-family unit or other similar basic social unit; "farm operation" means a farm operation as defined by the Province under the Farm Practices Protection (Right to Farm) Act; "farm products" means commodities or goods that are produced from a farm use; "farm use" means an occupation or use of land for agricultural purposes, including farming of land, plants and animals and any other similar activity designated as farm use by Provincial regulation, and includes a farm operation; "fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land; "floodplain" means an area of land, whether floodproofed or not, which is susceptible to flooding by a watercourse, lake or other body of water; "floor area ratio" means the net floor area on all levels of all buildings and structures on a parcel divided by the parcel area; "food and beverage processing" means a business premises or building, where produce, meat or beverages are processed, produced, canned, frozen, packed or stored indoors, but excludes alcohol production facility; "freeboard" means a vertical distance added to a designated flood level used to establish a flood construction level; "funeral services" means a building used for the preparation of the dead for burial, but does not include a crematorium; Village of Keremeos | Zoning Bylaw No. 851 Page | 14 G "gravel crushing" means screening, sorting, crushing and storing of any earth material, excluding subsequent manufacturing operations such as asphalt mixing plants; "greenhouse" means a structure covered with a transparent material, and used for the purpose of growing plants, which is of sufficient size for persons to work within the structure; "gross floor area" means the sum of the horizontal floor areas of each storey of all buildings or accessory buildings on a parcel, measured to the exterior walls and contained within the exterior and basement walls and excludes all parking areas; H "habitable area" means, for the purpose of the flood construction level provisions of this Bylaw, any space or room within a building or structure, including a manufactured home or unit and a modular home or unit, which is used or is capable of being used for human occupancy or industrial, business or commercial use, or storage of goods, including equipment (and furnaces), which is susceptible to damage by floodwater; "height" means, with respect to a building, the maximum vertical distance between base elevation and the highest point of a non-sloping roof, or the mid-point between the intersection point of the building wall and roof structure and peak of a sloping roof, excluding dormers; "highway" includes a street, road, lane, bridge, viaduct or any other way open to public use other than a private right-of-way on private property; "home occupation" means an occupation or profession that is accessory to the principal residential use of a parcel and may include home offices, studios, home workshops and other similar uses; "hooked parcel" means a parcel of which one portion is physically separated from the other portion by a highway or another parcel; "hotel" means a building containing commercial guest accommodation units, a lobby area for guest registration, access to the accommodation units, and may contain accessory uses such as a restaurant, licensed drinking facilities, accessory retail store, pool and meeting rooms; I "indoor recreation" means a facility within an enclosed building intended for leisure activities where patrons are predominantly participants or spectators. Typical uses include amusement Village of Keremeos | Zoning Bylaw No. 851 Page | 15 arcades, bingo halls, health and fitness centres, athletic facilities and ice rinks, billiard and pool halls, swimming pools, bowling alleys, theatres and concert or music halls; K "kitchen" means a room or area within a dwelling unit that is used or designed to be used for the storage or preparation of food and the storage or cleaning of cooking or eating utensils, and is equipped with or designed to be equipped with a refrigerator, electric or gas range or microwave oven, and sink connected to a supply of water and a drain; "kennel" means the care of four (4) or more dogs, cats or other domestic animals or pets whether such animals are kept commercially for board, propagation, training, sale or for personal and private enjoyment; L "lane" means a highway that provides secondary access to a parcel or series of parcels, and is less than 9.0 metres wide; M "manufacturing" means fabricating, processing, assembling and finishing of goods or materials not involving the use, processing or production of hazardous wastes, but does not include gravel crushing; "manufactured home" means a mobile home or modular home normally built in an enclosed factory environment in one or more sections, intended to be occupied in a place other than that of its manufacture, but does not include travel trailers, recreational vehicles, park model recreational vehicles or campers; "manufactured home park" means any parcel of land, upon which three or more manufactured homes or single detached dwellings are located on individual manufactured home sites that are occupied exclusively for residential purposes on a rental basis. Includes all buildings and structures used or intended to be used as part of such manufactured home park; "manufactured home space" means an area of land for the installation of one manufactured home with permissible additions and situated within a manufactured home park; "metal storage container" means a purpose-designed metal cargo container for holding of goods, which is intended to be placed on a ship, truck or railcar; "minimum parcel size" means the minimum area of a parcel of land that can be created by subdivision; Village of Keremeos | Zoning Bylaw No. 851 Page | 16 "mobile business" means a business carried out solely from a motor vehicle or other conveyance designed to be moved from place to place; "mobile home" means a manufactured home which is certified as being constructed to the Canadian Standards Association Z240 Mobile Home Series Standard; "modular home" means a manufactured home which is certified as being constructed to the Canadian Standards Association A277 Standard and is designed to be moved once onto a permanent, full perimeter foundation; "motel" means a building or group of buildings containing not less than six (6) sleeping units for temporary commercial guest accommodation, with each sleeping unit having its own exterior access and parking space in close proximity; and may include an eating and drinking establishment; N "natural boundary" means the visible high-water mark of a lake, pond, swamp, river, stream or any other water body or watercourse where the presence and action of water are so common and so long continued in all ordinary years as to mark upon the soil of the bed of the water body or watercourse a character distinct from the banks thereof in respect to vegetation and in respect to the nature of the soil itself; "net floor area" means gross floor area, minus the area of: (i) attics, breezeways, porches, balconies that are unheated and partially or totally enclosed in clear glazing, unenclosed swimming pools, roof gardens, and similar appurtenances that are unenclosed by wall and not connected to the heating and ventilation system; (ii) any storeys or portions of storeys where the height from floor to ceiling is less than 1.8 metres; and (iii) in residential zones, uninhabitable accessory structures under 10.0m2 in floor area. O "off-farm products" means farm products that are not grown, reared, raised or produced on the farm from which they are being sold; "office" means a business premises or building, designed, intended and used for the provision of professional, management, administrative, government, consulting, or financial services in an office setting including but not limited to the offices of: lawyers, accountants, travel agents, real Village of Keremeos | Zoning Bylaw No. 851 Page | 17 estate and insurance firms, planners, non-government organizations, clerical agencies, Crown corporations, municipalities and provincial or federal governments; "outdoor recreation" means outdoor sports, leisure and entertainment activities, instructional courses and equipment rentals and may require amenities such as showers and storage, and that excludes outdoor equestrian; "outdoor storage" means the storage of equipment, goods, and materials in the open air where such storage of goods and materials does not involve the erection of permanent structures. Typical uses include but are not limited to vehicle or heavy equipment storage compounds; and the sale, rental and storage of metal storage containers. P "parcel" means any lot, block or other area in which land is held or into which it is subdivided, whether under the Land Title Act, or the Bare Land Strata Regulations under the Strata Property Act, or a legally recorded lease or license of occupation issued by the Province of British Columbia; "parcel coverage" means the total ground level area of all principal and accessory buildings and structures on a parcel, measured to the outside of the foundations or footings, divided by the total parcel area and expressed as a percentage but excluding the following: (i) balconies located above the first storey which are cantilevered from a building without footings or support extending to the ground; (ii) uncovered decks and patios that are not more than 0.6 metres above grade; and (iii) outdoor, uncovered swimming pools; "parcel line" means the legally defined boundary of any parcel; "parcel line, exterior side" means any parcel line adjacent to a highway other than a lane, which is not a front parcel line; "parcel line, front" means any parcel line common to a parcel and one highway other than a lane, provided that, where a parcel is contiguous to the intersection of two highways, the front parcel line is the shortest parcel line contiguous to one of the highways. Where a parcel is bisected by a highway, both parcel lines abutting the highway are considered to be front parcel lines; "parcel line, interior side" means a parcel line adjacent a lane or between two or more parcels other than the front, rear or exterior side parcel line; Village of Keremeos | Zoning Bylaw No. 851 Page | 18 "parcel line, rear" means the boundary of a parcel which lies the most opposite to the front parcel line and, where the property has only three parcel lines, the rear is the junction of the two side parcels; "parcel size" means the area of land within the boundaries of the lot but excludes the panhandle area; "parcel width" or "parcel depth" means the average horizontal distance between the side parcel lines or front and rear parcel lines of any parcel; "parking space" means an area identified for the parking of one motor vehicle and does not include aisle space; "parks" means any publicly-owned, held or beneficially owned outdoor land or facility specifically designed for passive or active recreation including tot-lots, playgrounds, walkways, trails, band shells, greenbelts, buffers, nature interpretation areas, or similar land uses, and all natural and constructed landscaping, facilities, playing fields, buildings and structures consistent with the general purpose of public park land; "personal service establishment" means a business premises or building where services intended for an individual are provided, and where any sale of retail goods is accessory to the provision of such services, including: hair cutting, beauty services, tanning, tattoo shop, shoe repair, medical and dental services, chiropractor services, acupuncture, naturopathy, physical therapy, massage therapy, counseling, tailoring, locksmithing and dry cleaning or laundromats; "principal use" means the main purpose for which the parcel, building or structure is used; "processed farm products" means farm products that have been transformed by biological or other means such as fermentation, cooking, butchering, canning, smoking or drying to increase their market value and convenience to the consumer, but does not include hot and cold food items sold for on-site consumption; "protective and emergency services" means a use which provides emergency services to the general public and includes, but is not limited to, fire, police and ambulance stations; R "recycled materials depot" means a building or parcel used for the collection, purchase and sale, sorting, processing and temporary storage of recyclable materials including, but not limited to: cardboard, plastics, paper, metal, bottles and similar household goods or items returnable for deposit; Village of Keremeos | Zoning Bylaw No. 851 Page | 19 "residential" means the occupancy or use of a dwelling unit for the permanent domicile of a person or persons; or the occasional or seasonal occupancy of a dwelling unit as a dwelling by an owner who has a permanent domicile elsewhere; or by non-paying guests of such an owner; or by a tenant in a residential tenancy having a term of at least one month; "retail store" means a business premises or building where goods or merchandise are provided for sale at retail, and includes the sale of groceries, bakery goods, specialty foods, flowers, printed media, personal care items, animal and pet care items, and the storage of goods and merchandise sold on the premises, but excludes cannabis retail store; "retail sales of farm and/or off-farm products" means retail activity which is an accessory use to a farm use and which may include the sale of goods produced on or off that farm as permitted in a given zone and which includes buildings and structures necessary for the sale and storage; S "secondary suite" means a self-contained second dwelling unit located within a principal single family dwelling accessory to the principal dwelling used or intended to be used as a residence, with self-contained sleeping, living, cooking and sanitary facilities and direct access to the open air without passage through any portion of the principal dwelling unit. A secondary suite does not include a duplex, townhouses or apartments; "self-storage" means a self-contained building or group of buildings containing lockers available for rent for the storage of personal goods or a facility used exclusively to store bulk goods of a non-hazardous nature; "service industry establishment" means a business premises or building where non-personal goods and services are provided, limited to: automobile, trucks and truck trailer sales, rental and repair; auto and truck body repair and painting; tire sales and repair; sales, rental and repair of heavy equipment and farm implements; custodial services; metalworking, machining and woodworking; and plumbing and heating sales; storage and repair; "service station" means land or a building used for the retail sale of motor vehicle fuels and lubricants, and includes car wash; "setback" means the horizontal minimum permitted distance measured at right angles to the parcel line, between the parcel line and a building or structure, or, in the case of floodplain or watercourse, measured from the natural boundary, top of bank or other reference identified elsewhere in this Bylaw; "setback, front" means the minimum required setback area between the side parcel lines extending from the front parcel line to the nearest wall or supporting member of a building or structure; Village of Keremeos | Zoning Bylaw No. 851 Page | 20 "setback, rear" means the area between the side parcel lines extending from the rear parcel line to the nearest wall or supporting member of a building or structure; Figure 4.1 -- Illustration of Parcel Types and Setback Locations Village of Keremeos | Zoning Bylaw No. 851 Page | 21 "setback, side" means the area of the parcel which extends from the front setback to the rear setback, between the side parcel line and the nearest wall or supporting member of a building or structure; "single detached dwelling" means a detached building used for residential use of one family and consisting of one dwelling unit and a secondary suite if permitted in the applicable zone. May include a modular home but does not include a mobile home. "sleeping unit" means a unit of one or two habitable rooms, neither of which is a kitchen, that are used for accommodation of assisted living or congregate care residents; "storey" means the habitable volume between the floors of a building or between its floor and roof; "storey, first" means the uppermost storey having its floor level not more than 1.2 metres above building grade; "structure" means anything that is constructed or erected, supported by or sunk into land or water, and includes swimming pools and manufactured home spaces, but excludes walls and fences under 2.0 metres in height, landscaping, paving improvements and signs unless otherwise noted in this bylaw; T "townhouse" means a building not more than three storeys high divided into three or more dwelling units located side by side under one roof with private entrances to each dwelling from the exterior of the building and with each dwelling sharing common walls or party walls; "transportation corridor" means a street, path, walkway, trail, lane, bridge, railway, road, thoroughfare and any other transportation right-of-way; U "utility service" means buildings and facilities intended for the local transmission of water or sewage, or underground facilities for the local transmission of natural gas, electricity, telephone signal, television signal and internet signal, but does not include above ground telecommunication facilities, electricity transmission towers or buildings and facilities, and oil or gas storage tanks; Village of Keremeos | Zoning Bylaw No. 851 Page | 22 V "veterinary clinic" means a use conducted for the care, treatment, or hospitalization of animals, birds and fish, and may include grooming facilities and sales of accessory supplies, but does not include the keeping or boarding of animals not under the care, treatment or hospitalization; W "watercourse" includes any of the following: a watercourse, whether it usually contains water or not; a pond, lake, river, creek or brook, and; a ditch, spring or wetland that is connected by surface flow to a watercourse. Village of Keremeos | Zoning Bylaw No. 851 Page | 23 5.0 CREATION OF ZONES 5.1 Zoning Districts For the purposes of this bylaw, the Village of Keremeos is hereby divided into zoning districts with the following designations and their abbreviations. The headings below create categories of zones and represent all the zones under that heading. Zoning Title Abbreviation LOW DENSITY RESIDENTIAL ZONES Low Density Residential One RS1 Low Density Residential Two RS2 Low Density Residential Three RS3 Low Density Residential Duplex RD1 Low Density Manufactured Home Park RSM MEDIUM DENSITY RESIDENTIAL ZONES Medium Density Residential One RM1 VILLAGE CENTRE ZONES Village Centre VC COMMERCIAL ZONES Highway Commercial C1 Service Commercial One CS1 TOURIST COMMERCIAL ZONES Tourist Commercial One CT1 INDUSTRIAL ZONES General Industrial M1 Aggregate Extraction M2 RURAL ZONES Agriculture AG Village of Keremeos | Zoning Bylaw No. 851 Page | 24 Agriculture Transition AGX ADMINISTRATIVE, INSTITUTIONAL AND CULTURAL ZONES Administrative and Institutional AI PARKS, RECREATIONAL AND OPEN SPACE ZONES Parks and Recreation PR Conservation Area CA TRANSPORTATION Transportation Corridor TC 5.2 Definition of Zones .1 The area of each zone is defined by Schedule 'B'. .2 Where a zone boundary is shown on Schedule 'B' as following a road allowance or a watercourse, the centreline of the road allowance or watercourse shall be the zone boundary. 5.3 Interpretation Except as expressly provided in this Bylaw, all headings, italicized clauses and other references forming part of this Bylaw are inserted for convenience and reference only. 5.4 Permitted Uses In respect of each zone created under Section 5.1 of this Bylaw: .1 the only uses permitted are those listed in respect of each zone under the heading "Permitted Uses" in Section 10.0 to 20.0 of this Bylaw; .2 uses not listed in respect of a particular zone are prohibited; .3 the headings in respect of each zone are part of this Bylaw; 5.5 Conditions of Use On a particular site in a specified zone created under this Bylaw, the maximum permitted site coverage, height and density and the minimum required setbacks are set out in respect of each specified zone in the provisions found in Sections 10.0 to 20.0 of this Bylaw. 5.6 Establishing Residential Density Village of Keremeos | Zoning Bylaw No. 851 Page | 25 In zones where a maximum number of residential units per hectare is permitted, the density shall be determined as follows: (permitted density ÷ 10,000) x parcel area = permitted number of units (Amended by Bylaw 851-06, 2024) The calculation of this product shall not include accessory dwelling and secondary suites, roads, right of ways, or parks, and the final value shall be rounded down to the nearest whole number of units. 5.7 Parcels Divided by Zone Boundary: Where a parcel is included in more than one zone, the zone boundary as shown on the map accompanying and forming part of this Bylaw shall be deemed to be a parcel boundary for the purposes of determining applicable uses, parcel size, densities and/or regulations other than building setbacks contained in this Bylaw. 5.8 Comprehensive Development Zones: A Comprehensive Development (CD) Zone shall only be created where a proposed development is of a scale, character, or complexity requiring comprehensive planning and implementation that, in the opinion of Council, is of a unique form or nature not contemplated or reasonably regulated by another zone. Village of Keremeos | Zoning Bylaw No. 851 Page | 26 6.0 GENERAL REGULATIONS 6.1 Uses Permitted in Every Zone The following uses are permitted in every zone, subject to the Agricultural Land Commission Act, and are not subject to the minimum parcel area of any zone: .1 Government controlled, held or sanctioned parks, playfields and playgrounds open to the public, .2 utility services, .3 roads and lanes, .4 conservation areas, .5 fire halls, police stations, ambulance service uses, and similar emergency services, .6 facilities permitted by provincial enactment for: a) day care for no more than eight (8) persons in care, or b) residence for no more than ten (10) persons, not more than six (6) of whom are persons in care, .7 Provincial, municipal, and regional improvement district works for flood control. 6.2 Prohibited Uses of Land, Buildings and Structures .1 The use of a tent, metal storage container, trailer, motor home or recreational vehicle as a permanent residence is prohibited in all zones. .2 The use of a mobile home as a permanent residence is prohibited in all zones, except the RSM Zone. .3 The operation of a gravel crushing operation and an asphalt mixing plant is prohibited in all zones. .4 The wrecking, salvage or storage of more than two derelict vehicles or the use of land as an automobile recycling operation is prohibited in all zones except the M1 Zone. .5 The retail sale of cannabis is prohibited in all zones, except for the VC Zone. .6 Cannabis production, unless: a) a parcel is located in the Agricultural Land Reserve (ALR) and is zoned to permit agriculture; and b) all federal and provincial licenses, permits and approvals have been obtained; and c) such production occurs outdoors in a field or inside a structure that Village of Keremeos | Zoning Bylaw No. 851 Page | 27 existed prior to July 13, 2018, or that has a base consisting entirely of soil. 6.3 Setback Exceptions No part of a building shall project into a setback required by this Bylaw except the following minor projections on buildings: .1 Eaves, gutters, cornices, bays with or without windows, balconies, porches, ramps, canopies, stairwells, chimneys and mechanical heating, cooling and ventilation equipment, and building features functionally similar to them, may project into required setback to a maximum, when measured horizontally, of: i) 0.6 metres into an interior side setback; ii) 1.5 metres into a front or exterior side setback; or iii) 2.0 meters into a rear setback. .2 In no case shall a projection extend beyond a parcel line. .3 Except for eaves, gutters and cornices, in no case shall the total linear dimension of projections into a side setback area exceed 25.0% of the linear dimensions of the wall from which the projection occurs, as shown in Figure 6.3. Figure 6.3 - Side setback projection limits Village of Keremeos | Zoning Bylaw No. 851 Page | 28 6.4 Height Exceptions No features shall extend beyond a height limit required by this Bylaw except the following minor projections on buildings and structures: .1 Chimneys may project up to 1.0 metre above the roof line. .2 In all zones other than Residential zones, spires or similar structures that occupy not more than 1.0% of the building footprint area may project to a height that is 50.0% more than the specified height limit. .3 Antennae designed and used to receive radio and television signals, and their supporting structures, may project up to 1.0 metre above the peak height of a gable or sloped roof, or up to 1.8 metres above the parapet of a flat roof on which they are mounted. This exemption does not apply to antennae used for transmitting radio or television signals, which remain subject to the applicable height limits set for principal and accessory structures. .4 Mechanical appurtenances such as heating and cooling units, screened from view from a street, constituting not more than 10.0% of the total roof area of a building may project up to 1.0 metre above the parapet of a flat roof. .5 Wind machines in the AG Zone shall not be subject to height limits. .6 Photovoltaic panels, solar hot water panels and micro wind turbines may project up to 2.0 metres above the peak of a gable or sloped roof, or up to 2.8 metres above the parapet of a flat roof on which they are mounted. 6.5 Fence Heights .1 The height of a fence shall be determined by a measurement from the average grade level within 1.0 metre of both sides of the fence. .2 No fence shall exceed 1.9 metres in height to the rear of a front setback, or 1.3 metres in height in the front setback except: a) in the AG Zone all fences may be up to 1.9 metres in height, except that deer fences shall not be limited in height, provided such fences are constructed of material that permits visibility, such as wire mesh; b) in the RSM Zone all fences may be up to 1.9 metres in height; and c) in the M1 Zone all fences may be up to 3.0 metres in height. .3 On a corner site contiguous to a highway intersection no fence, hedge, planting, tree, sign or other structure located within the area at or within a distance of 6.0 metres from the corner of the site at the intersection of the streets, as shown in Figure 6.5 (the "sight triangle"), is permitted at a greater height than 1.0 metre above the established elevation of the centre point of the intersection. Village of Keremeos | Zoning Bylaw No. 851 Page | 29 Figure 6.5 - Site Triangle .4 Where two property lines meet form a curve at the highway intersection, the Site Triangle is formed at the point at which the projection of the two property lines abutting the highway intersect. 6.6 Screening and Landscaping 1. Screening or landscape buffers are required for all Commercial and Industrial zoned parcels adjacent to a Residential zone. 2. Screening and landscaping buffers shall be provided and maintained by an owner of a parcel at the owner's sole cost in accordance with the following regulations: a) Where it is proposed to install screening, this shall be to a height of not less than 1.8 metres. b) Where it is proposed to install landscape buffers, these shall: i) be a minimum of 1.5 metres in width; ii) include a screen a minimum of 2.0 metres in height comprised of at least: Village of Keremeos | Zoning Bylaw No. 851 Page | 30 .1 three shrubs or trees capable of attaining a height of 4.0 metres or more; .2 planted at least every 5.0 metres, and .3 broken only for walkways or driveways. iii) be continuous along the affected property boundaries, interrupted only by walkways and driveways providing access to the property; and iv) on a corner parcel contiguous to a highway intersection, no hedge or other vegetation is permitted at a greater height than 1.0 metre above the established elevation of the centre point of intersecting highways, at or within a distance of 4.5 metres from the corner of the parcel at the intersection of the highway. 6.7 Residential Occupancy of Recreational Vehicles .1 The use of a recreational vehicle as a residence is prohibited in all zones. .2 Only one (1) recreational vehicle belonging to the owner or occupier of a principal single detached dwelling on a parcel may be stored or parked on the same parcel. Stored recreational vehicles shall not be connected to a sewage disposal system, water system or power source. .3 Despite Section 6.7.1, a recreational vehicle may be maintained and occupied on a parcel during the construction of a new single detached dwelling on the same parcel, subject to the following: a) it is incidental to the construction of a principal residential building; b) the new building or structure must have a valid building permit; c) it meets the siting regulations of the zone in which it is located; and d) it is removed within thirty (30) days of the completion of the construction of the principal residential building. 6.8 Principal Building No building for residential use is to be located on the same parcel as any other building for residential or non-residential use, except as otherwise provided for in this Bylaw. Village of Keremeos | Zoning Bylaw No. 851 Page | 31 7.0 SPECIFIC USE REGULATIONS 7.1 Accessory Buildings and Structures .1 All buildings or structures attached to a principal building are deemed to be a portion of the principal building if the structures share at least one common wall, where the common wall constitutes at least 25% of the vertical and adjacent plane. .2 No accessory building or structure shall be situated on a parcel unless: a) a principal building has already been erected on the same parcel; b) a principal building will be erected simultaneously with the accessory building or structure on the same parcel; or c) the accessory building or structure does not exceed 10.0 m2 in area, one storey in building height, and is limited to one (1) per parcel. .3 The following accessory structures are permitted anywhere on a parcel: a) trellises and pergolas; and b) children's play equipment. (Amended by Bylaw 851-06, 2024) 7.2 Accessory Dwellings The following regulations apply to accessory dwellings where permitted as a use in this Bylaw: .1 An accessory dwelling shall not be permitted on parcels less than 1.0 ha in area unless connected to a community sewer system. .2 An accessory dwelling shall not be attached to a principal building containing one or more dwelling units. .3 No accessory dwelling shall have a floor area greater than 100.0 m², unless otherwise specified. .4 An accessory dwelling cannot be subdivided under the Strata Property Act. (Amended by Bylaw 851-06, 2024) 7.3 deleted. 7.4 Metal Storage Containers .1 A metal storage container is permitted in the AG, C1, CS1, M1, AI and PR zones provided that: Village of Keremeos | Zoning Bylaw No. 851 Page | 32 a) metal storage containers may only be stacked to a maximum of two (2) containers and subject to the prior issuance of a building permit; and b) metal storage containers shall be sited in accordance with the regulations for the siting of accessory buildings or structures. .2 Metal storage containers are prohibited in every other zone, except that one (1) metal storage container may be used for temporary storage during active construction only provided that a valid building permit has been issued authorizing the construction in relation to which the storage container is used. 7.5 Home Occupations The following regulations apply to home occupation uses where permitted as a use in this Bylaw: 1. A home occupation shall not occupy more than 25% of the floor area of a principal dwelling unit or accessory building or structure to a maximum of 50.0 m2. 2. A home occupation shall be carried out within the principal dwelling unit, or in an accessory building or structure where permitted in the particular zone, with no external storage of materials, containers or finished products. 3. No retail sales shall be permitted in a home occupation, except for: a) goods produced or made on the premises; b) telephone, internet, mail order sales or sales where the customer does not enter the premises; c) direct distributors where customers do not enter the premises; and d) sale of products directly related to the home occupation. 4. A home occupation shall not employ more than one (1) person who is not a resident of the dwelling unit within or from which the home occupation is operated. 5. A home occupation shall not involve: a) salvage, storage, repair, maintenance or sales of motor vehicles, recreational vehicles, trailers, boats or related engines, equipment or parts; b) materials or products that produce flammable or explosive vapours or gases under ordinary temperatures; c) the boarding, breeding or keeping of animals; d) the assembly of more than four (4) persons for any artistic, educational, religious, therapeutic or similar activity; and e) cannabis production. Village of Keremeos | Zoning Bylaw No. 851 Page | 33 7.6 Provisions for Retail Sales of Farm Products and/or Off-Farm Products .1 Where "retail sales of farm and off-farm products" is permitted in a zone, farm products, processed farm products, and off-farm products may be sold to the public subject to the following regulations: a) the total retail sales area, both indoors and outdoors, does not exceed 300 m2; and b) at least 50% of that area is limited to the sale of farm products produced either on that agricultural land or by an association to which the owner of the agricultural land belongs. .2 For the purpose of calculating the area used for retail sales in a building or structure, the following shall be included: a) aisles and other areas of circulation; b) shelf and display space; c) counter space for packaging and taking payment; and d) any area used for the service of hot and cold food items, but any office area, wholesale storage area, processing facility or parking area or driveway, whether used for retail sale or not, shall not be included. 7.7 Secondary Suites The following regulations apply to secondary suites where permitted as a use in this Bylaw: .1 A secondary suite shall be located in one (1) principal single detached dwelling unit. Secondary suites are not permitted in an accessory building or structure. .2 No more than one (1) secondary suite is permitted per principal single detached dwelling unit. (Amended by Bylaw 851-06, 2024) .3 deleted .4 Secondary suites shall be connected to the Village of Keremeos sanitary sewer system. .5 One (1) parking space per secondary suite is required in addition to those required for the principal single detached dwelling. (Amended by Bylaw 851-06, 2024) .6 A secondary suite cannot be subdivided under the Strata Property Act. Village of Keremeos | Zoning Bylaw No. 851 Page | 34 7.8 Bed and Breakfast Operation A bed and breakfast operation is permitted where listed as a permitted use, provided that: .1 it is located within a principal dwelling unit; .2 no more than eight (8) patrons shall be accommodated within the dwelling unit; .3 no more than four (4) bedrooms shall be used for the bed and breakfast operation; .4 no cooking facilities shall be provided for within the bedrooms intended for the bed and breakfast operation; .5 only persons residing in the principal dwelling unit may carry on the bed and breakfast operation on the parcel occupied by the principal dwelling unit, and must be present on the property during a patron's stay; and .6 the bed and breakfast operation shall not generate traffic congestion or produce a public offence or nuisance of any kind. Village of Keremeos | Zoning Bylaw No. 851 Page | 35 8.0 FLOODPLAIN REGULATIONS 8.1 Floodplain Designation and Flood Construction Level .1 The following land is designated as a floodplain: a) the area shown as the 200 year floodplain for the Similkameen River on the provincial floodplain map attached as Schedule 'C' to this Bylaw; b) any land that is less than 1.5 metres above the natural boundary of any other watercourse. .2 The flood construction level for land designated as a floodplain in section 8.1.1 is: a) Equal to the "Flood Level" elevation points noted within solid rectangles on the provincial floodplain map attached as Schedule 'C' to this Bylaw, to be determined by linear interpolation for any property located between two such elevation points; b) At an elevation that is 1.5 metres above the elevation of the natural boundary of any other watercourse, lake, swamp or pond. 8.2 Siting Buildings and Structures in Floodplains Despite any other provisions of this Bylaw, no building or structure shall be located within: .1 7.5 metres of the natural boundary of a lake, swamp or pond; .2 30.0 metres from the natural boundary of the Similkameen River; .3 7.5 metres from the toe of the dyke confining the Similkameen River; and .4 15.0 metres of the natural boundary of any other watercourse. 8.3 Floodplain Management Regulations .1 No person shall place any structural support for a habitable area or fill required to support a habitable area on land within a floodplain setback area under Section 8.2; .2 Despite Section 8.2, non-habitable buildings up to 10.0 m2 in floor area that are constructed with no fixed foundation may be developed within a floodplain. .3 No person shall construct, reconstruct, move or extend a floor system or pad which supports a habitable area, such that the underside of the wooden floor system or the top of the pad or the ground surface on which it is located, is lower than the flood construction levels specified in Section 8.1 except as provided in Sections 8.3.4 and 8.3.5; Village of Keremeos | Zoning Bylaw No. 851 Page | 36 .4 Despite Section 8.3.2, the following floodplain management regulations apply: a) Buildings or structures shall be located with the underside of the floor system of any area used for habitation, business or storage of goods damageable by flood waters, or in the case of a manufactured home the top of the pad or the ground surface on which it is located, no lower than the flood construction levels specified in Section 8.1. .5 The floodplain management regulations specified in Section 8.3 may be achieved by structural elevation of the habitable area, or by placing adequately compacted fill on which any habitable area is to be constructed or located, or by a combination of both structural elevation and fill. .6 Where fill is used to meet the floodplain management regulations specified in Sections 8.3.3 and 8.3.4, the face of the fill slope must be adequately protected against erosion from flood flows, wave action, ice and other debris hazards. .7 The following developments and uses are excluded from the requirements of the floodplain management regulations specified in Sections 8.3.3 and 8.3.4: a) renovations, except structural, to existing buildings or structures that do not involve additions thereto; b) that portion of a building or structure to be used as a carport, garage or underground parking area; c) farm buildings other than dwelling units and closed-sided livestock housing; d) closed-sided livestock housing behind standard dykes; e) unenclosed decks and balconies that do not have supports located within the floodplain; and f) lands zoned General Industrial (M1). Village of Keremeos | Zoning Bylaw No. 851 Page | 37 9.0 VEHICLE PARKING AND LOADING REGULATIONS 9.1 Basic Provisions a) For properties having or proposing direct access to Highway 3, vehicle parking and loading spaces will be required in accordance with the Ministry of Transportation and Infrastructure standards, should the Ministry standards be higher. b) Space for the off-street parking and loading of motor vehicles in respect of a class of a building or use under this Bylaw must be provided and maintained in accordance with the regulations of this Section. 9.2 Calculation of Off-Street Vehicle Parking and Loading Spaces a) The number of off-street parking and loading spaces for motor vehicles required for any use or class of building is calculated according to Table 9.2.1, 9.2.2 9.2.3 and 9.2.4 of this Bylaw. b) In reference to a building or use permitted under this Bylaw which is not specifically referred to in Table 9.2.1, 9.2.2, 9.2.3 and 9.2.4, the number of off- street parking and loading spaces is calculated on the basis of the requirements for a similar class of building or use that is listed in Table 9.2.1, 9.2.2, 9.2.3 and 9.2.4. c) Where the calculation of the required off-street parking or loading space results in a fraction, one parking space must be provided in respect of the fraction. d) Where more than one building or use is located on a parcel, the required number of off-street parking and loading spaces shall be the sum of the requirements for each building or use, unless otherwise expressly provided for in this Bylaw. e) Where more than one standard may apply to a use, the standard requiring the greatest number of parking spaces shall be used. (Amended by Bylaw 851-06, 2024) Table 9.2.1: Required Off-Street Vehicle Parking Spaces USE REQUIRED NUMBER OF SPACES RESIDENTIAL accessory dwelling 1 per dwelling unit Bed and breakfast operation 1 per 4 guest suites Duplex 1 per dwelling unit Apartment building or townhouse 2 per dwelling unit (4 bedrooms or more) 1.75 per dwelling unit (2-3 bedrooms) 1.5 per dwelling unit (1 bedroom) Village of Keremeos | Zoning Bylaw No. 851 Page | 38 USE REQUIRED NUMBER OF SPACES 1 per dwelling unit (studio suite) Residential-Tourist Accommodation Units 1 per 4 guest suites Secondary Suite 1 per dwelling unit Single detached dwelling 1 per dwelling unit COMMERCIAL Motel 1 per motel unit Hotel 1 per 3 hotel rooms 1 per 4 seats for dining and lounge facilities Golf Driving Range 1 per tee box Golf Course 2.5 per hole Eating and drinking establishment 1 per 4 seats Retail store 1 per 30.0m2 gross floor area Office 1 per 30.0m2 gross floor area Personal Service Establishment 1 per 30.0m2 gross floor area Shopping Centre 1 per 17.5m2 gross leasable area Service Stations 1 per 50.0m2 gross floor area Service Industry Establishment 1 per 50.0m2 gross floor area; or 3 per service bay, whichever is larger Other commercial uses 1 per 50.0 m2 of gross floor area INDUSTRIAL Warehouse, Storage or Wholesale Buildings 1 per 100.0m2 gross floor area Manufacturing 1 per 100.0m2 gross floor area Other industrial uses 0.5 per employee; and 1 per 200.0 m2 of gross floor area RURAL Agri-tourism 4 per business Agri-tourism accommodation 1 per accommodation unit Packing, processing and storage of farm and off- farm products 1 per 200.0 m2 of gross floor area Retail sales of farm and/or off-farm products 1 per 30.0 m2 of gross floor area ADMINISTRATIVE & INSTITUTIONAL Assisted Living Housing 1 per 3 beds Cultural facility (i.e. library, museum, etc.) 1 per 40.0 m2 of gross floor area Educational Facility elementary school: 2 per classroom middle school: 2 per classroom secondary school: 3 per classroom Hospital 1 per 4 beds Village of Keremeos | Zoning Bylaw No. 851 Page | 39 USE REQUIRED NUMBER OF SPACES Assembly uses, Funeral Homes, Theatres and Lodges 1 per 20.0 m2 of assembly area; or 1 per 5 seats, whichever is greater Buildings for recreation use 1 per 30.0m2 gross floor area Other administrative and institutional uses 1 per 30.0 m2 of gross floor area Table 9.2.2: Required Off-Street Loading Spaces USE REQUIRED NUMBER OF SPACES Residential 1 per 20 dwelling units Commercial 1 per 1500.0 m2 gross floor area Industrial 1 per 1900.0 m2 gross floor area Institutional 1 per 3000.0m2 gross floor area Table 9.2.3: Required Off-Street Visitor Parking Spaces USE REQUIRED NUMBER OF SPACES Apartment Building and Townhouse 0.2 per dwelling unit Table 9.2.4: Required Off-Street Parking Space for Persons with Disabilities USE REQUIRED NUMBER OF SPACES 1-9 0 10-49 1 50-99 2 100-199 3 over 200 3 spaces plus one space per 100 required, or portion thereof 9.3 Location of Off-Street Vehicle Parking and Loading Spaces a) Off-street parking and loading spaces shall be located on the same parcel as the building or use they serve, except: i) in the Village Centre (VC) Zone, required parking spaces may be located on a separate parcel (the "parking parcel") provided that: .1 the parking parcel is situated within 150.0 metres of the building or use requiring the parking; .2 a covenant under s.219 of the Land Title Act is registered against the title of the parking parcel, in favour of the Village of Keremeos, to ensure that the parking area is used only for parking spaces for the building or use requiring the parking; and Village of Keremeos | Zoning Bylaw No. 851 Page | 40 .3 an easement is registered against the title of the parking parcel in favour of the owner of the parcel on which the building requiring the parking is located, ensuring that the parking area is available for parking. 9.4 Off-Street Vehicle Parking Exemptions a) Notwithstanding any other provision found in Section 9.0 of this bylaw, for development on a parcel zoned Village Centre (VC), the minimum number of required off-street vehicle parking spaces for commercial uses shall be reduced by 50%. b) In any Residential zone, no vehicle or equipment exceeding a gross weight of 3,900 kg, except a recreational vehicle owned by an occupant of the property, may be stored or parked on the property unenclosed. c) Notwithstanding Table 9.2.1, the minimum number of vehicular parking spaces required for any development may be reduced by a maximum of one (1) parking space when ten (10) bicycle parking spaces are provided. 9.5 Payment In Lieu of Off-Street Vehicle Parking Spaces a) Where a property is developed within the Village Centre (VC) Zone, a partial or total reduction of on-site parking requirements is permitted if the owner pays $5,000.00 per parking space required but not provided into the Village's collective parking fund. b) Where a change of use occurs within the VC Zone such that Table 9.2.1 requires additional parking spaces to those already provided, a partial or total reduction of on-site parking requirements is permitted if the owner pays $5,000.00 per parking space required but not provided into the Village's collective parking fund. c) Payment in Lieu of parking is payable at the time when: i) a building permit is issued for the building or structure that is being put to the use that requires the parking space specified at Table 9.2.1; or ii) where no building permit is required, the use that requires the parking space specified at Table 9.2.1 is granted a business licence. 9.6 Design Standards for Off-Street Vehicle Parking and Loading Areas .1 Vehicle Parking Space Standards a) Off-street automobile parking and loading spaces shall be surfaced so that all precipitation events are infiltrated into the underlying soil. Surfacing may include porous pavement, pervious unit paver systems, or unit grass pave systems. Impervious asphaltic concrete or cement pavement may be used only if combined with infiltration infrastructure that sufficiently offsets impervious areas so as to result in no net runoff from the site. The thickness Village of Keremeos | Zoning Bylaw No. 851 Page | 41 and design of the paving surface must be determined by a professional engineer or professional landscape architect. b) Except for parking areas having three (3) spaces or less located in a Residential zone, all parking spaces must be provided with adequate curbs to retain vehicles within such permitted parking areas, and to ensure that required fences, walls, hedges or landscaped areas, as well as any buildings and sidewalks will be protected from encroachment by parked vehicles. .2 Vehicle Parking Space Dimensions a) In any parking area, each off-street parking space must be developed according to the dimensions in Table 9.6.2 outlined below: Figure 9.6.2 - Parking Dimension Factors Table 9.6.2 - Minimum Parking Space and Aisle Dimensions Angle (A) Stall Width (B) Curb Length (C) Aisle Width One-Way (D) Aisle Width Two-Way (D) Stall Depth (E) 0° 2.4m 6.6m 3.7m 6.1m 2.4m 30° 2.6m 5.2m 3.7m 6.1m 5.1m 45° 2.6m 3.7m 3.7m 6.1m 5.8m 60° 2.6m 3.0m 5.0m 6.1m 6.1m Village of Keremeos | Zoning Bylaw No. 851 Page | 42 Table 9.6.2 - Minimum Parking Space and Aisle Dimensions Angle (A) Stall Width (B) Curb Length (C) Aisle Width One-Way (D) Aisle Width Two-Way (D) Stall Depth (E) 90° 2.6m 2.6m 6.6m 6.6m 5.5m b) Where one or both sides of a parking space abut a wall or other barrier more than 0.15 metres high, an additional 0.3 metres width shall be provided to each abutting parking space on the side(s) adjacent to such a barrier to allow easier opening of car doors. c) Despite Section 9.6.2(a), the minimum required off-street parking space dimensions in Table 9.6.2 may be reduced for up to 20% of the parking spaces to 2.4 metres wide and 5.0 metres long to accommodate small cars, provided that the spaces are clearly identified, grouped and signed for small car use only. d) Where angle parking stalls are designed pointing parked cars into a landscaped area, up to 0.4 metres of vehicle overhang into the landscaped area may be incorporated into the layout design provided the curb protecting the landscaped area is not more than 0.15 metres high, and parking space lengths may be reduced accordingly. .3 Vehicle Loading Space Dimensions a) Truck loading spaces shall be of adequate size and accessibility to accommodate the vehicles expected to load and unload, but in no case shall a loading space be: i) less than 3.0 metres in width; ii) less than 9.0 meters in length; or iii) have less than 4.0 metres in overhead clearance. b) Access to any loading area shall be provided on-site or from a lane abutting the parcel, and arranged such that no backing or turning movement of vehicles going to or from the parcel causes interference with traffic on the abutting highways. This only applies to any new construction and/or re- development of a site. .4 Vehicle Parking Spaces for Persons with Disabilities a) Automobile parking spaces for persons with disabilities shall be: i) designated as parking space for persons with disabilities using appropriate signage; Village of Keremeos | Zoning Bylaw No. 851 Page | 43 ii) included in the calculation of the applicable minimum parking requirement; iii) a minimum of 3.7 metres in width and have a depth of no less than 6.0 metres perpendicular to the aisle; and iv) the portion of the required parking spaces to be provided for persons with disabilities shall be calculated in accordance with Table 9.2.4 of this bylaw. 9.7 Shared Off-Street Vehicle Parking Spaces a) Where the peak use of parking spaces for two (2) or more uses on the same or adjacent parcels occurs at different periods of time, the required number of parking spaces required for such uses may be reduced subject to: i) receipt by the Village of Keremeos of a written report prepared by a professional engineer experienced in parking matters, recommending such reduction based on supporting evidence; ii) an easement being registered against the title of the parcel or parcels on which the parking spaces are located, in favour of the owners of the parcel on which the buildings requiring the parking is located, authorizing the use of the parking spaces in accordance with the recommendations in the report; and iii) a restrictive covenant in favour of the Village of Keremeos is registered against the title of the parcel or parcels concerned, and limiting the use of the parcels to the uses that have been determined to justify the reduced parking requirement, including any relevant restrictions on the hours of operation of these uses. Village of Keremeos | Zoning Bylaw No. 851 Page | 44 10.0 SUBDIVISION REGULATIONS 10.1 Minimum Parcel Size Exceptions for Subdivision Minimum parcel size for subdivision requirements of this Bylaw do not apply to: .1 the consolidation of existing parcels or the addition of closed streets to an existing parcel; .2 the alteration of lot lines between two or more parcels where: a) no additional parcels are created upon completion of the alteration; b) the altered lot line does not infringe on the required setbacks for an existing building or structure located on a parcel; c) the alteration does not reduce the site area of the parcels involved to a size less than that of the smallest parcel that existed prior to the alteration. .3 an existing parcel that meets the present minimum parcel size requirements of this Bylaw must not, upon completion of a parcel line alteration, have a parcel size less than that required within the respective zone; .4 where the Agricultural Land Commission permits a subdivision under its homesite severance policy, there shall be no minimum parcel size. .5 the creation of a parcel for a utility service use, provided that the parcel area shall not be less than 140.0 m2, and a statutory covenant under s. 219 of the Land Title Act is registered in favour of the Village of Keremeos restricting its use to utility services and prohibiting exterior storage. 10.2 Minimum Parcel Width for Subdivision Exceptions Minimum parcel width for subdivision requirements of this Bylaw do not apply to: .1 The creation of a parcel within a Residential zone for a utility service use, provided that the parcel width shall not be less than 7.5 metres, and a statutory covenant under s. 219 of the Land Title Act is registered in favour of the Village of Keremeos restricting its use to utility services and prohibiting exterior storage. 10.3 Panhandle Parcels The subdivision of land to create a panhandle parcel is prohibited. 10.4 Hooked Parcels A hooked parcel may be created where each portion satisfies the minimum parcel area requirements of the applicable zone. Village of Keremeos | Zoning Bylaw No. 851 Page | 45 (Section 11.0 replaced in its entirety by Bylaw 851-06, 2024) 11.0 LOW DENSITY RESIDENTIAL ZONES 11.1 LOW DENSITY RESIDENTIAL ONE (RS1) ZONE (Amended by Bylaw 851-10, 2025) 11.1.1 Permitted Uses: Principal Uses: a) duplex; b) single detached dwelling; Accessory Uses: c) accessory buildings or structures, subject to Section 7.1; d) accessory dwelling, subject to Section 7.2; e) bed and breakfast operation, subject to Section 7.8; f) home occupation, subject to Section 7.5; and g) secondary suite, subject to Section 7.7. 11.1.2 Minimum Parcel Size for Subdivision: a) 225.0 m², for the purpose of subdivision of duplexes into their individual units, when connected to the municipal sewer system; b) 500.0 m², when connected to the municipal sewer system; or c) 1.0 ha, when not connected to the municipal sewer system. 11.1.3 Minimum Parcel Width for Subdivision: a) Not less than 25% of the parcel depth, subject to Section 10.0. 11.1.4 Minimum Parcel Depth for Subdivision: a) 25.0 metres (Amended by Bylaw 851-10, 2025) 11.1.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) duplex; or Intent: to provide a zone for single detached dwellings, duplexes, accessory dwellings and secondary suites with a maximum of three dwelling units per lot thar are located on serviced urban lots. Village of Keremeos | Zoning Bylaw No. 851 Page | 46 b) one (1) single detached dwelling; and c) one (1) secondary suite and one (1) accessory dwelling. d) Despite subsection 11.1.5.(c), a maximum of one (1) secondary suite or one (1) accessory dwelling applies to parcels designated floodplain on Schedule 'C' to this bylaw. 11.1.6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line 1.2 metres iv) Exterior side parcel line 3.0 metres b) Accessory buildings or structures: i) Front parcel line 6.0 metres ii) Rear parcel line 1.5 metres iii) Interior side parcel line 1.2 metres iv) Exterior side parcel line 3.0 metres c) Despite Section 11.1.6(a)(iii), in the case of a side-by-side duplex being subdivided for the purpose of individual ownership, an interior side parcel line setback between dwelling units shall not be required, provided the property line follows the centre line of the common party wall. 11.1.7 Maximum Height: a) No building or structure shall exceed a height of 11.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. c) Despite sub-section 11.1.7(b), a detached accessory dwelling shall not exceed a height of 8.0 metres. 11.1.8 Maximum Parcel Coverage: a) 45% 11.1.9 Conditions of Use: a) A duplex shall be connected to a community sewer system and community water system. (Amended by Bylaw 851-08, 2024) 11.1.10 Site Specific Low Density Residential One (RS1s) Regulations: Village of Keremeos | Zoning Bylaw No. 851 Page | 47 a) In the case of land described as Block 114, Plan KAP300, and District Lot 174, SDYD, Except Plan EPP107738 and EPP118051 and shown shaded yellow on Figure 11.1.1 (a): i) despite Section 11.1.2, the minimum parcel size shall be 451.4m2. Figure 11.1.1 (a) Village of Keremeos | Zoning Bylaw No. 851 Page | 48 11.2 LOW DENSITY MANUFACTURED HOME PARK (RSM) ZONE 11.2.1 Permitted Uses: Principal Uses: a) manufactured homes; b) manufactured home park; Accessory Uses: c) accessory buildings or structures, subject to Section 7.1; d) home occupation, subject to Section 7.5; e) retail store; and f) single detached dwelling. 11.2.2 Minimum Parcel Size for Subdivision: a) 325 m2 for each manufactured home space; and b) 1.0 ha, for a manufactured home park. 11.2.3 Minimum Parcel Width: a) 30.0 metres for a manufactured home park, within which: i) a minimum of 12.0 metres shall be provided for each manufactured home space abutting an internal road; and ii) a minimum of 6.0 metres shall be provided for each manufactured home space abutting a cul-de-sac. 11.2.4 Minimum Parcel Depth for Subdivision: a) 30.0 metres for a manufactured home park 11.2.5 Maximum Number of Dwellings Permitted Per Parcel: a) 25 dwellings per hectare 11.2.6 Maximum Number of Dwellings Permitted Per Manufactured Home Space: a) one (1) manufactured home per manufactured home space; and b) one (1) single detached dwelling per manufactured home park. Intent: to provide a zone for manufactured homes, and compatible accessory uses, within a manufactured home park. Village of Keremeos | Zoning Bylaw No. 851 Page | 49 11.2.7 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 4.5 metres ii) Rear parcel line 4.5 metres iii) Interior side parcel line 4.5 metres iv) Exterior side parcel line 4.5 metres b) Within each manufactured home space (subject to Section 11.2.7(a)), the minimum setbacks for buildings and structures from parcel lines are: i) Front parcel line 3.0 metres ii) Rear parcel line 1.5 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.0 metres c) Within each manufactured home space (subject to Section 11.2.7(a)), the minimum setbacks for accessory buildings or structures from parcel lines are: i) Front parcel line 4.5 metres ii) Rear parcel line 1.0 metres iii) Interior side parcel line 1.0 metres iv) Exterior side parcel line 3.0 metres 11.2.8 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. 11.2.9 Maximum Manufactured Home Space Coverage: a) 45% 11.2.10 Amenity Area Requirements: a) The following amenity and open space area(s) shall be provided for each dwelling unit: i) a contiguous area of not less than 40.0 m2; ii) to be located immediately adjacent to and be accessible from a habitable room of the dwelling unit; iii) shall not include any required storage area, driveway, off-street parking area or building setback area except the rear setback area; and Village of Keremeos | Zoning Bylaw No. 851 Page | 50 iv) must be marked on the site plan submitted with the building permit application for the development of a dwelling unit on the parcel. 11.2.11 General Provisions: a) All provisions in the Village of Keremeos's Manufactured Home Park Regulations Bylaw 1327, as amended from time to time, that have not been specified in this particular bylaw shall be met. 11.2.12 Site Specific Residential Manufactured Home Park (RSMs) Regulations: .1 In the case of land described as Block 107, Plan KAP300, District Lot 174, SDYD (914 10th Avenue), and shown shaded yellow on Figure 11.5.12(a): a) there shall be no minimum parcel area requirement for a manufactured home park. N Figure 11.5.12(a) Low Density Manufactured Home Park Site Specific (RSMs) (YELLOW SHADED AREA) Village of Keremeos | Zoning Bylaw No. 851 Page | 51 12.0 MEDIUM DENSITY RESIDENTIAL ZONES 12.1 MEDIUM DENSITY RESIDENTIAL ONE (RM1) ZONE 12.1.1 Permitted Uses: Principal Uses: a) apartment building; b) townhouse; Accessory Uses: c) home occupation, subject to Section 7.5; and d) accessory buildings or structures, subject to Section 7.1. 12.1.2 Minimum Parcel Size for Subdivision: a) 0.1 ha, when connected to the municipal sewer system; or b) 1.0 ha, when not connected to the municipal sewer system. 12.1.3 Minimum Parcel Width for Subdivision: a) 20.0 metres 12.1.4 Minimum Parcel Depth for Subdivision: a) 25.0 metres 12.1.5 Maximum Density: a) 50 dwelling units per hectare 12.1.6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 4.5 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line 2.5 metres iv) Exterior side parcel line 4.0 metres b) Accessory buildings or structures: Intent: to provide a zone for comprehensively designed low profile multiple attached housing up to two storeys high. Village of Keremeos | Zoning Bylaw No. 851 Page | 52 i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.5 metres iv) Exterior side parcel line 4.0 metres 12.1.7 Maximum Height: (Amended by Bylaw 851-06, 2024) a) No building or structure shall exceed a height of 15.0 metres; 12.1.8 Maximum Parcel Coverage: a) 50% 12.1.9 Amenity Area Requirements: a) The following amenity space shall be provided for each dwelling unit: i) studio suite: 7.5 m2 ii) one (1) bedroom: 15.0 m2 iii) two (2) or more bedrooms: 25.0 m2 b) not less than 25% of required amenity space is to be located at grade; c) for the purpose of calculating the amenity space requirement, any indoor amenity space provided shall be counted as double its actual floor area and credited towards this requirement. 12.1.10 Site Specific Residential Medium Density One (RM1s) Regulations: a) Not applicable Village of Keremeos | Zoning Bylaw No. 851 Page | 53 13.0 VILLAGE CENTRE ZONES 13.1 VILLAGE CENTRE (VC) ZONE 13.1.1 Permitted Uses: Principal Uses: (Section 13.1.1 (a) added by 851-03, 2021) a) alcohol production facility, subject to Section 13.1.10; b) apartment buildings, subject to Section 13.1.10; c) art gallery; d) artisan studio; e) assembly; f) cannabis retail store; g) child care centre; h) eating and drinking establishment; i) educational facility; j) funeral service; k) hotel; l) indoor recreation; m) library; n) mobile business; o) museum; p) office; q) personal service establishment; r) retail store; s) townhouse; Accessory Uses: t) dwelling unit, subject to Section 13.1.9; and u) accessory buildings or structures, subject to Section 7.1. Intent: to provide a zone for a mixed use residential and commercial village center area. Village of Keremeos | Zoning Bylaw No. 851 Page | 54 13.1.2 Minimum Parcel Size for Subdivision: a) 0.1 ha, when connected to the municipal sewer system; or b) 1.0 ha, when not connected to the municipal sewer system. 13.1.3 Minimum Parcel Width for Subdivision: a) 4.5 metres 13.1.4 Minimum Parcel Depth for Subdivision: a) Not applicable 13.1.5 Maximum Floor Area Ratio: a) 3.0 13.1.6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 0.0 metres ii) Rear parcel line: .1 adjacent a Residential Zone (no lane) 6.0 metres .2 adjacent a Residential Zone (lane) 3.0 metres .3 adjacent all other Zones 0.0 metres iii) Interior side parcel line 0.0 metres iv) Exterior side parcel line 0.0 metres b) Accessory buildings or structures: i) Front parcel line 0.0 metres ii) Rear parcel line: .1 adjacent a Residential Zone (no lane) 6.0 metres .2 adjacent a Residential Zone (lane) 3.0 metres .3 adjacent all other Zones 0.0 metres iii) Interior side parcel line 0.0 metres iv) Exterior side parcel line 0.0 metres 13.1.7 Maximum Height: a) No building or structure shall exceed a height of 12.0 metres; Village of Keremeos | Zoning Bylaw No. 851 Page | 55 b) No accessory building or structure shall exceed a height of 5.0 metres. 13.1.8 Maximum Parcel Coverage: a) 100% 13.1.9 Dwelling Unit Regulations: (Section 13.1.9 (a) replaced by 851-03, 2021) a) Dwelling units shall be located above the first storey of any building with a frontage to 7th Avenue west of 7th Street. b) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with any commercial uses. 13.1.10 Conditions of Use: (Section 13.1.10 (a) replaced by 851-03, 2021) a) The residential use of the ground floor of a building fronting 7th Avenue west of 7th Street is prohibited. b) No cannabis retail store may occur within 1,000 metres of another cannabis retail store, as measured in a radius from the parcel lines of a parcel that already comprises a cannabis retail store. (Section 13.1.10 (c) replaced by 851-03, 2021) c) an alcohol production facility must include an eating and drinking establishment component that is not less than 25% of the total gross floor area of the alcohol production facility. 13.1.11 Site Specific Village Centre (VCs) Regulations: a) in the case of land described as Lot 1, Block 80, Plan KAP300, District Lot 174, SDYD (503 7th Avenue), and shown shaded yellow on Figure 13.1.11(a): i) the following principal use shall be permitted on the land in addition to the permitted uses listed in Section 13.1.1: .1 "service industry establishment", but excluding sales, rental and repair of heavy equipment and farm implements; custodial services; metalworking, machining and woodworking; and plumbing and heating sales; storage and repair. Village of Keremeos | Zoning Bylaw No. 851 Page | 56 b) in the case of land described as Lot 29, Block 71, Plan KAP300, District Lot 174, SDYD (604 7th Avenue), and shown shaded yellow on Figure 13.1.11(b): i) the following principal use shall be permitted on the land in addition to the permitted uses listed in Section 13.1.1: .1 "service industry establishment", but excluding sales, rental and repair of heavy equipment and farm implements; custodial services; metalworking, machining and woodworking; and plumbing and heating sales; storage and repair. 7th AVENUE Figure 13.1.11(a) Village Centre Site Specific (VCs) (YELLOW SHADED AREA) 5th STREET 7th AVENUE Figure 13.1.11(b) Village Centre Site Specific (VCs) (YELLOW SHADED AREA) Village of Keremeos | Zoning Bylaw No. 851 Page | 57 c) in the case of land described as Lot 1, Plan KAP85848, District Lot 174, SDYD (715 7th Avenue), and shown shaded yellow on Figure 13.1.11(c): i) a "motel" use may include not less than four (4) sleeping units; ii) a "sleeping unit" may include cooking facilities; and iii) a "sleeping unit" in a "motel" may be used for a residential tenancy having a term of at least one (1) month. Figure 13.1.11(c) Village Centre Site Specific (VCs) (YELLOW SHADED AREA) Village of Keremeos | Zoning Bylaw No. 851 Page | 58 14.0 COMMERCIAL ZONES 14.1 HIGHWAY COMMERCIAL (C1) ZONE 14.1.1 Permitted Uses: Principal Uses: (Section 14.1.1 (a) added by 851-03, 2021) a) alcohol production facility, subject to Section 14.1.10; b) eating and drinking establishment; c) education facility; d) indoor recreation; e) library; f) mobile business; g) office; h) personal service establishment; i) retail store; Accessory Uses: j) dwelling unit; k) accessory buildings or structures, subject to Section 7.1. 14.1.2 Minimum Parcel Size for Subdivision: a) 500.0 m2, when connected to the municipal sewer system; or b) 1.0 ha, when not connected to the municipal sewer system. 14.1.3 Minimum Parcel Width for Subdivision: a) 15.0 metres 14.1.4 Minimum Parcel Depth for Subdivision: a) Not applicable 14.1.5 Maximum Number of Dwellings Permitted Per Parcel: Intent: to provide a zone for general commercial activities in an area that is transitioning to highway commercial development. Village of Keremeos | Zoning Bylaw No. 851 Page | 59 a) one (1) dwelling unit 14.1.6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Rear parcel line (adjacent a Residential Zone) 6.0 metres iv) Interior side parcel line 1.5 metres v) Exterior side parcel line 4.5 metres b) Accessory buildings or structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Rear parcel line (adjacent a Residential Zone) 6.0 metres iv) Interior side parcel line 1.5 metres v) Exterior side parcel line 4.5 metres 14.1.7 Maximum Height: a) No building or structure shall exceed a height of 12.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. 14.1.8 Maximum Parcel Coverage: a) 50% 14.1.9 Dwelling Unit Regulations a) Dwelling units shall be located at the rear of a building on the ground floor, or above the first storey; b) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses. (Section 14.1.10 added by 851-03, 2021) 14.1.10 Conditions of Use a) an alcohol production facility must include an eating and drinking establishment component that is not less than 25% of the total gross floor area of the alcohol production facility. Village of Keremeos | Zoning Bylaw No. 851 Page | 60 14.1.11 Site Specific Commercial Transition (C1s) Regulations: a) Not applicable Village of Keremeos | Zoning Bylaw No. 851 Page | 61 14.2 SERVICE COMMERCIAL ONE (CS1) ZONE 14.2.1 Permitted Uses: Principal Uses: a) car wash; b) eating and drinking establishment; c) delivery and express delivery facility; d) retail store; e) service station; Accessory Uses: f) accessory buildings or structures, subject to Section 7.1; g) dwelling unit. 14.2.2 Minimum Parcel Size for Subdivision: a) 0.1 ha, when connected to the municipal sewer system; or b) 1.0 ha, when not connected to the municipal sewer system. 14.2.3 Minimum Parcel Width for Subdivision: a) 30.0 metres 14.2.4 Minimum Parcel Depth for Subdivision: a) Not applicable 14.2.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) dwelling unit. 14.2.6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line 4.5 metres iv) Exterior side parcel line 4.5 metres Intent: to provide a zone for service commercial areas that include services for automobiles, commercial vehicles and other machinery. Village of Keremeos | Zoning Bylaw No. 851 Page | 62 b) Accessory buildings or structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 3.0 metres iv) Exterior side parcel line 4.5 metres 14.2.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. 14.2.8 Maximum Parcel Coverage: a) 35% 14.2.9 Dwelling Unit Regulations: a) The maximum floor area of a dwelling unit shall be 125.0 m2 or 25% of the total gross floor area of all buildings on the parcel, whichever is less; b) Dwelling units shall be located at the rear of a building on the ground floor, or above the first storey; c) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with commercial uses. 14.2.10 Site Specific Service Commercial (CS1s) Regulations: a) Not applicable Village of Keremeos | Zoning Bylaw No. 851 Page | 63 15.0 TOURIST COMMERCIAL ZONES 15.1 TOURIST COMMERCIAL ONE (CT1) ZONE 15.1.1 Permitted Uses: Principal Uses: a) eating and drinking establishment; b) hotel; c) motel; d) personal service establishment; Accessory Uses: e) accessory buildings or structures, subject to Section 7.1. f) home occupation, subject to Section 7.5; g) indoor recreation; h) manufactured home; i) outdoor recreation; j) retail store; and k) single detached dwelling. 15.1.2 Minimum Parcel Size for Subdivision: a) 0.1 ha, when connected to the municipal sewer system; or b) 1.0 ha, when not connected to the municipal sewer system. 15.1.3 Minimum Parcel Width for Subdivision: a) 25.0 metres 15.1.4 Minimum Parcel Depth for Subdivision: a) Not applicable 15.1.5 Maximum Number of Dwellings Permitted Per Parcel: Intent: to provide a zone for areas that allow for year-round tourism activities such as hotels and indoor and outdoor recreation or amusement facilities. Village of Keremeos | Zoning Bylaw No. 851 Page | 64 a) one (1) dwelling unit 15.1.6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.5 metres iv) Exterior side parcel line 4.5 metres b) Accessory buildings or structures: i) Front parcel line 7.5 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.5 metres iv) Exterior side parcel line 4.5 metres 15.1.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. 15.1.8 Maximum Parcel Coverage: a) 50% 15.1.9 Site Specific Tourist Commercial One (CT1s) Regulations: a) Not applicable Village of Keremeos | Zoning Bylaw No. 851 Page | 65 16.0 INDUSTRIAL ZONES 16.1 GENERAL INDUSTRIAL (M1) ZONE 16.1.1 Permitted Uses: Principal Uses: a) car wash; b) construction services; c) crematorium; (Section 16.1.1 (d) added by 851-03, 2021) d) food and beverage processing; e) funeral service; f) manufacturing; g) self-storage; h) service industry establishment; i) recycled materials depot; j) utility service; k) veterinary clinic; l) wholesale store, warehouses and freight terminals; Accessory Uses: m) dwelling unit; n) offices; o) retail sales; p) accessory buildings or structures, subject to Section 7.1. 16.1.2 Minimum Parcel Size for Subdivision: a) 0.1 ha, when connected to the municipal sewer system; or b) 1.0 ha, when not connected to the municipal sewer system. 16.1.3 Minimum Parcel Width for Subdivision: a) 25.0 metres Intent: to provide a zone for industrial uses and limited retail sales auxiliary to the permitted industrial uses. Village of Keremeos | Zoning Bylaw No. 851 Page | 66 16.1.4 Minimum Parcel Depth for Subdivision: a) Not applicable 16.1.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) dwelling unit 16.1.6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres; or where adjacent a non-industrial zone 7.5 metres iii) Interior side parcel line 3.0 metres; or where adjacent a non-industrial zone 7.5 metres iv) Exterior side parcel line 4.5 metres b) Accessory buildings or structures: i) Front parcel line 6.0 metres ii) Rear parcel line 3.0 metres; or where adjacent a non-industrial zone 7.5 metres iii) Interior side parcel line 3.0 metres; or where adjacent a non-industrial zone 7.5 metres iv) Exterior side parcel line 4.5 metres 16.1.7 Maximum Height: a) No building or structure shall exceed a height of 15.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. 16.1.8 Maximum Parcel Coverage: a) 60% 16.1.9 Dwelling Unit Regulations: a) The maximum floor area of a dwelling unit shall be 125.0 m2, or 25% of the gross floor area of all buildings on the parcel, whichever is lesser; Village of Keremeos | Zoning Bylaw No. 851 Page | 67 b) Dwelling units shall be fully separated from any industrial use by walls, partitions and/or floors; and c) Dwelling units shall have separate entrances from the exterior of the building and shall not share a common hallway with industrial uses. 16.1.10 Conditions of Use: a) Screening or landscape buffers, in accordance with the requirements of Section 6.6, are required for areas used for the outdoor storage of materials, commodities or finished products associated with a use permitted at Section 16.1.1. 16.1.11 Site Specific General Industrial (M1s) Regulations: a) Not applicable Village of Keremeos | Zoning Bylaw No. 851 Page | 68 16.2 AGGREGATE EXTRACTION (M2) ZONE 16.2.1 Permitted Uses: Principal Uses: a) aggregate resource extraction; Accessory Uses: b) outdoor storage; c) accessory buildings or structures, subject to Section 7.1. 16.2.2 Minimum Parcel Size for Subdivision: a) 8.0 ha 16.2.3 Minimum Parcel Width for Subdivision: a) Not applicable 16.2.4 Minimum Parcel Depth for Subdivision: a) Not applicable 16.2.5 Maximum Number of Dwellings Permitted Per Parcel: a) Not applicable 16.2.6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 30.0 metres ii) Rear parcel line 30.0 metres iii) Interior side parcel line 30.0 metres iv) Exterior side parcel line 30.0 metres b) Accessory buildings or structures: i) Front parcel line 30.0 metres ii) Rear parcel line 30.0 metres Intent: to provide a zone for the extraction of aggregate by the Ministry of Transportation and Infrastructure (MoTI). Village of Keremeos | Zoning Bylaw No. 851 Page | 69 iii) Interior side parcel line 30.0 metres iv) Exterior side parcel line 30.0 metres 16.2.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. 16.2.8 Maximum Parcel Coverage: a) Not applicable 16.2.9 Dwelling Unit Regulations: a) Not applicable 16.2.10 Conditions of Use: a) Not applicable 16.2.11 Site Specific Aggregate Extraction (M2s) Regulations: a) Not applicable Village of Keremeos | Zoning Bylaw No. 851 Page | 70 17.0 RURAL ZONES 17.1 AGRICULTURE (AG) ZONE 17.1.1 Permitted Uses: Principal Uses: a) agriculture; b) alcohol production facility; c) equestrian centre; d) silviculture; e) single detached dwelling; Accessory Uses: f) accessory buildings or structures, subject to Section 7.1; g) bed and breakfast operation, subject to Section 7.8; (Amended by Bylaw 851-06, 2024) h) accessory dwelling, subject to Section 7.2; i) home occupation, subject to Section 7.5; j) packing, processing and storage of farm products; k) retail sales of farm and/or off-farm products, subject to Section 7.6; l) secondary suite, subject to Section 7.7. 17.1.2 Minimum Parcel Size for Subdivision: a) 2.0 ha; and b) where the Agricultural Land Commission permits a subdivision under its homesite severance policy, there shall be no minimum parcel size. 17.1.3 Minimum Parcel Width for Subdivision: a) Not less than 25% of the parcel depth 17.1.4 Minimum Parcel Depth for Subdivision: a) Not applicable Intent: to provide a zone for agriculture and compatible accessory uses. Village of Keremeos | Zoning Bylaw No. 851 Page | 71 17.1.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) principal dwelling; and (Amended by Bylaw 851-06, 2024) b) one (1) accessory dwelling or secondary suite. 17.1.6 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 4.0 metres iv) Exterior side parcel line 4.5 metres b) Buildings and structures containing livestock: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 7.5 metres iv) Exterior side parcel line 7.5 metres 17.1.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres. 17.1.8 Maximum Parcel Coverage: a) 35%; b) despite Section 17.1.8(a), 75% for parcels 1.0 ha or greater, of which 60% must only be used for greenhouse structures. 17.1.9 Site Specific Agriculture (AGs) Regulations: a) Not applicable. Village of Keremeos | Zoning Bylaw No. 851 Page | 72 17.2 AGRICULTURE TRANSITION (AGX) ZONE 17.2.1 Permitted Uses: Principal Uses: a) agriculture; b) single detached dwelling; Accessory Uses: c) accessory buildings or structures, subject to Section 7.1; d) bed and breakfast operations, subject to Section 7.8; (Amended by Bylaw 851-06, 2024) e) accessory dwelling, subject to Section 7.2; f) home occupation, subject to Section 7.5; and g) secondary suite, subject to Section 7.7. 17.2.2 Minimum Parcel Size for Subdivision: a) 1.0 ha 17.2.3 Minimum Parcel Width for Subdivision: a) 20.0 metres 17.2.4 Minimum Parcel Depth for Subdivision: a) 30.0 metres 17.2.5 Maximum Number of Dwellings Permitted Per Parcel: a) one (1) principal dwelling; and (Amended by Bylaw 851-06, 2024) b) one (1) accessory dwelling or secondary suite. 17.2.6 Minimum Setbacks: Intent: to provide a zone for parcels that have historically been zoned agriculture, but which are no longer within the Agricultural Land Reserve (ALR) and have been identified for other, non-farm uses in the Official Community Plan. Village of Keremeos | Zoning Bylaw No. 851 Page | 73 a) Buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 2.0 metres iv) Exterior side parcel line 4.0 metres b) Accessory buildings or structures: i) Front parcel line 7.5 metres ii) Rear parcel line 3.0 metres iii) Interior side parcel line 2.0 metres iv) Exterior side parcel line 4.0 metres 17.2.7 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. 17.2.8 Maximum Parcel Coverage: a) 25% 17.2.9 Site Specific Agriculture Transition (AGXs) Regulations: a) Not applicable Village of Keremeos | Zoning Bylaw No. 851 Page | 74 18.0 ADMINISTRATIVE AND INSTITUTIONAL ZONES 18.1 ADMINISTRATIVE AND INSTITUTIONAL (AI) ZONE 18.1.1 Permitted Uses: Principal Uses: a) art gallery; b) assembly; c) cemetery; d) child care centre; e) community care facility; f) educational facility; g) protective and emergency services; h) government services; i) hospital; j) indoor recreation; k) library; l) museum; m) outdoor recreation; Accessory Uses: n) eating and drinking establishment; o) offices; p) retail store; q) accessory buildings or structures, subject to Section 7.1. 18.1.2 Minimum Parcel Size for Subdivision: a) 500.0 m2, when connected to the municipal sewer system; or b) 1.0 ha when not connected to the municipal sewer system. 18.1.3 Minimum Parcel Width for Subdivision: Intent: to provide a zone for areas that serve the educational, health, civic, cultural, recreational and social needs of residents. Village of Keremeos | Zoning Bylaw No. 851 Page | 75 a) 15.0 metres 18.1.4 Minimum Parcel Depth for Subdivision: a) Not applicable 18.1.5 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.5 metres b) Accessory buildings or structures: i) Front parcel line 6.0 metres ii) Rear parcel line 6.0 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.5 metres 18.1.6 Maximum Height: a) No building or structure shall exceed a height of 12.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. 18.1.7 Maximum Parcel Coverage: a) 50% 18.1.8 Site Specific Administrative and Institutional (AIs) Regulations: a) Not applicable Village of Keremeos | Zoning Bylaw No. 851 Page | 76 19.0 PARKS, RECREATION AND OPEN SPACE ZONES 19.1 PARKS AND RECREATION (PR) ZONE 19.1.1 Permitted Uses: Principal Uses: a) assembly; b) cemetery; c) outdoor recreation facilities; d) parks; Accessory Uses: e) mobile business; f) accessory buildings or structures, subject to Section 7.1. 19.1.2 Minimum Parcel Size for Subdivision: a) Not applicable 19.1.3 Minimum Parcel Width for Subdivision: a) Not applicable 19.1.4 Minimum Parcel Depth for Subdivision: a) Not applicable 19.1.5 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 7.5 metres ii) Rear parcel line 7.5 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.5 metres b) Accessory buildings or structures: i) Front parcel line 7.5 metres Intent: to provide a zone for parks, open space and recreation needs of residents. Village of Keremeos | Zoning Bylaw No. 851 Page | 77 ii) Rear parcel line 7.5 metres iii) Interior side parcel line 1.5 metres iv) Exterior side parcel line 3.5 metres 19.1.6 Maximum Height: a) No building or structure shall exceed a height of 10.0 metres; b) No accessory building or structure shall exceed a height of 5.0 metres. 19.1.7 Maximum Parcel Coverage: a) 25% 19.1.8 Site Specific Parks and Recreation (PRs) Regulations: a) Not applicable Village of Keremeos | Zoning Bylaw No. 851 Page | 78 19.2 CONSERVATION AREA (CA) ZONE 19.2.1 Permitted Uses: Principal Uses: a) conservation area; Accessory Uses: b) Not applicable. 19.2.2 Minimum Parcel Size for Subdivision: a) Not applicable 19.2.3 Minimum Parcel Width for Subdivision: a) Not applicable 19.2.4 Minimum Parcel Depth for Subdivision: a) Not applicable 19.2.5 Minimum Setbacks: a) Not applicable 19.2.6 Maximum Height: a) Not applicable 19.2.7 Maximum Parcel Coverage: a) Not applicable 19.2.8 Minimum Floor Area: a) Not applicable 19.2.9 Site Specific Conservation Area (CAs) Regulations: a) Not applicable Intent: to provide a zone for conserving the natural environment from development. Village of Keremeos | Zoning Bylaw No. 851 Page | 79 20.0 TRANSPORTATION 20.1 TRANSPORTATION CORRIDOR (TC) ZONE 20.1.1 Permitted Uses: Principal Uses: a) transportation corridor; Accessory Uses: b) accessory buildings and structures, subject to Section 7.1. 20.1.2 Minimum Parcel Size for Subdivision: a) 2.0 ha 20.1.3 Minimum Parcel Width for Subdivision: a) Not applicable 20.1.4 Minimum Parcel Depth for Subdivision: a) Not applicable 20.1.5 Minimum Setbacks: a) Buildings and structures: i) Front parcel line 4.5 metres ii) Rear parcel line 4.5 metres iii) Interior side parcel line 4.5 metres iv) Exterior side parcel line 4.5 metres b) Accessory buildings or structures: i) Front parcel line 4.5 metres ii) Rear parcel line 4.5 metres iii) Interior side parcel line 4.5 metres iv) Exterior side parcel line 4.5 metres Intent: to provide a zone for lands that may be utilised for a future realignment of Highway 3. Village of Keremeos | Zoning Bylaw No. 851 Page | 80 20.1.6 Maximum Height: a) No accessory building or structure shall exceed a height of 5.0 metres 20.1.7 Maximum Parcel Coverage: a) 5% 20.1.8 Site Specific Transportation Corridor (TCs) Regulations: a) Not applicable ~ end of Schedule 'A' ~