Zoning Bylaw No. 2016 – Alpine Resort Area (Consolidated January 2026)
Kimberley, British Columbia
· adopted 1999-05-10
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CITY OF KIMBERLEY
ALPINE RESORT ZONING
BYLAW NO. 2016, 1999
ADOPTED:
MAY 10, 1999
Consolidated for Convenience Only: January 14, 2026
(including up to Amending Bylaw 2794)
DISCLAIMER
The version of this bylaw of the City of Kimberley is provided for information or research purposes
only. Every effort is made to ensure the accuracy of copies of bylaws; however, this is not an official
version of City of Kimberley bylaw, and should not be relied upon as such, and these documents are not
admissible in a court of law. For such purposes, official certified copies can be obtained from the Chief
Corporate Administration Officer.
Before making any decisions based on the copy of the bylaw, you should confirm all information
contained therein. The City of Kimberley will in no event be liable or responsible for damages of any
kind arising out of the use of the copy of this bylaw.
TABLE OF CONTENTS
PAGE
SECTION 1 TITLE
1.01 Title
5
SECTION 2 ADMINISTRATION AND ENFORCEMENT
2.01 Administration and Inspection
5
2.02 Violation
5
2.03 Penalty
6
2.04 Severability
6
2.05 Repeal of Bylaws
6
SECTION 3 INTERPRETATION
3.01 Application
6
3.02 Schedules
6
3.03 Measurements and Calculations
7
3.04 Definitions
7
SECTION 4 GENERAL REGULATIONS
4.01 Conformity of Uses, Buildings and Structures
16
4.01A Conditions Where a Development Permit is
Not Required
16
4.02 Use of Existing Parcels
16
4.03 Permitted Principal Uses in All Zones
17
4.04 Prohibited Used in All Zones
17
4.05 Village Density Regulations
17
4.06 Garbage Storage and Collection Standards
17
4.07 Home Based Businesses
18
4.08 Accessory Buildings and Structures
18
4.09 Siting of Buildings and Structures
19
4.09A Retaining Walls
19
4.10 Relaxation of Siting Limitations
20
4.11 Visibility at Intersections
20
4.12 Calculation of Height
21
4.13 Relaxation of Building Height Limitations
21
4.14 Fencing (Amnd 34, Bylaw 2469)
22
4.15 Subdivision of Duplex dwellings
22
4.16 Frontage Determination
23
SECTION 5 PARCEL AREA REQUIREMENTS
5.01 Parcel Area
23
SECTION 6 PARKING AND LOADING REGULATIONS
6.01 General Requirements for Parking and Loading Spaces
24
6.02 Location of Off-Street Parking Spaces and
Off-Street Loading Spaces
27
6.03 Use and Condition of Off-Street Parking and
Loading Areas
27
6.04 Size of Off-Street Uncovered Parking Spaces and
Uncovered Off-Street Loading Spaces and
Construction Standards
28
6.05 Uncovered Parking Lot Layout and
Manoeuvring Aisles
30
6.06 Covered Parking and Loading Spaces
30
6.07 Off-Street Parking Spaces for Disabled Persons
31
6.08 Driveway Gradients
31
6.09 Required Bicycle Parking
32
SECTION 7 ZONES
7.01 Establishment of Zones
33
7.02 Zone Boundaries and Map
34
7.03 Resort Hotel Accommodation One Zone: RHA-1
35
7.04 Lodge Accommodation One Zone: LA-1
36
7.05 Lodge Accommodation Two Zone: LA-2
37
7.06 Lodge Accommodation Three Zone: LA-3
38
7.07 Lodge Accommodation Four Zone: LA-4
39
7.08 Lodge Accommodation Five Zone: LA-5
40
7.09 Lodge Accommodation Six Zone: LA-6
41
7.10 Lodge Accommodation Seven Zone: LA-7
42
7.11 Resort Residential Standard Zone: RRS
43
7.12 Resort Residential Standard Tourist Accom. Zone: RRSTA
45
7.13 Resort Residential Multiple One Zone: RRM-1
47
(7.14
RTA-1 Deleted, Bylaw 2765 Amnd 39)
(7.15
RTA-2 Deleted, Bylaw 2765 Amnd 39)
7.16 Residential Tourist Accommodation Three Zone: RTA-3
49
7.17 Residential Tourist Accommodation Four Zone: RTA-4
51
(7.18
RTA-5 Deleted, Bylaw 2765 Amnd 39)
7.18A Residential Tourist Accommodation Six Zone: RTA-6
53
(Bylaw 2185 Amnd 15)
7.18B Residential Tourist Accommodation Seven Zone: RTA-7
55
(Bylaw 2268 Amnd 25)
(7.18C
RTA-8 Deleted, Bylaw 2765 Amnd 39)
7.18D Residential Tourist Accommodation Nine Zone: RTA-9
57
(Bylaw 2298 Amnd 29)
7.19 Alpine Village Parking Zone: AVP-1
59
7.20 Hostel One Zone: H-1
60
7.21 Tourist Pension One Zone: TP-1
62
7.22 Tourist Pension Two Zone: TP-2
65
7.23 Tourist Bed and Breakfast One Zone: TB-1
67
7.24 Conference Recreation One Zone: CR-1
70
7.25 Leisure Park One Zone: LP-1
71
7.26 Leisure Recreation One Zone: LR-1
72
SECTION 8 ADOPTION
8.01 Effective Date of Bylaw
73
SCHEDULES
Schedule "A" - Alpine Resort Lands Zoning Map
Schedule "B" - Covenant - Section 219 of the Land Title Act
Schedule "C" - Pedestrian Mall
5
CITY OF KIMBERLEY
PROVINCE OF BRITISH COLUMBIA
BYLAW NO. 2016
A Bylaw to provide Zoning, Parking and Screening regulations pursuant to the "Municipal
Act", within the City of Kimberley Alpine Resort Lands.
WHEREAS the Municipal Council of the City of Kimberley deems it desirable that the use
of land, buildings and structures and related matters should be regulated in order to guide
development of land in an efficient, systematic, and orderly way for the benefit of the
public;
NOW THEREFORE the Municipal Council of the City of Kimberley, in open meeting
assembled, hereby enacts as follows:
SECTION 1 TITLE
1.01
(1)
This Bylaw may be cited as "Alpine Resort Zoning Bylaw No. 2016, 1999".
SECTION 2 ADMINISTRATION AND ENFORCEMENT
ADMINISTRATION AND INSPECTION
2.01
(1)
The Building Inspector, Bylaw Enforcement Officer, City Clerk and Deputy City
Clerk are hereby authorized to administer this Bylaw and to enter at all
reasonable times on any property that is subject to a direction of Council to
ascertain whether the requirements are being met or the regulations are being
observed.
VIOLATION
2.02
(1)
Every person who violates any provision of this Bylaw, or who causes or suffers
or permits any act or thing to be done in contravention of, or in violation of, any
provision of this Bylaw, or who neglects to do or refrains from doing anything
required to be done under provisions of this Bylaw, shall be guilty of an offence of
this Bylaw and each day that such violation is caused or allowed to continue shall
constitute a separate offence.
6
PENALTY
2.03
(1)
Every person guilty of an offence of this Bylaw shall be liable on summary
conviction to a penalty not exceeding two thousand dollars ($2,000.00) for each
offence and costs of prosecution.
SEVERABILITY
2.04
(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 section, subsection, sentence, clause or phrase of this Bylaw, as the
case may be, shall be severed and, such decision shall not affect the validity of
the remaining portions of this Bylaw.
REPEAL OF BYLAWS
2.05
(1)
The "The Zoning Bylaw of the City of Kimberley, 1971" and "The Zoning By-Law
Of The City of Kimberley No. 1073, 1974" and all Bylaws enacted in amendment
thereto are hereby repealed.
SECTION 3 INTERPRETATION
APPLICATION
3.01
(1)
The provisions of this Bylaw apply to the Kimberley Alpine Resort lands shown in
heavy black in Schedule "A" attached hereto and forming part of this Bylaw.
SCHEDULES
3.02
(1)
The following schedules attached to this Bylaw are incorporated into and form part
of this Bylaw:
Schedule "A" - Alpine Resort Lands Zoning Map
Schedule "B" - Covenant - Section 219 of the Land Title Act
Schedule "C" - Pedestrian Mall
7
MEASUREMENTS AND CALCULATIONS
3.03
(1)
Numerical quantities in this Bylaw are written in the International System of Units
(i.e. - metric); approximate Imperial Units are shown for convenience only.
(2)
Where a parcel contains more than one zone:
(a)
Each zoned area shall be treated as a separate parcel for the purpose of
calculating minimum parcel size, minimum parcel width, maximum parcel
coverage, maximum number of dwelling units, and permitted site coverage.
(b)
All accessory buildings, accessory uses and structures shall be provided
within the area zoned for the principal building or principal use.
DEFINITIONS
3.04
(1)
In this bylaw, the following terms have the following meanings:
ACCESSORY BUILDING means:
(a) a detached building the use or intended use of which is accessory to that of
the principal building situated on the same parcel; or
(b) a building which is accessory to a principal use made of the parcel upon which
such building is (to be) located.
ACCESSORY means customarily incidental and subordinate.
ACCESSORY COMMERCIAL USE means a business or service that is clearly
incidental to residential or tourist accommodation use such as, but not limited to,
offices, restaurants, health centres, indoor recreation or retail uses and excluding
entertainment facilities. (Amnd 29 Bylaw 2298)
ACCESSORY DWELLING UNIT means a self-contained dwelling unit, located on
the same parcel as the principal dwelling unit. (Bylaw 2765 Amnd 39)
ACCESSORY USE means:
(a) a use which is accessory to the principal building or to the use of the principal
building on the same parcel; or
(b) a use which is accessory to the principal use made of the parcel upon which
such accessory use is carried on.
AGRICULTURAL LAND RESERVE means a reserve of land established under the
Agricultural Land Commission Act.
APARTMENT means a multiple unit dwelling with vertical and horizontal fire
separations between dwelling units. (Bylaw 2765 Amnd 39)
8
BARE LAND STRATA means a strata plan on which the boundaries of the strata
lots are defined on horizontal plane by reference to survey markers under Section
6 (2) (b) of the Condominium Act, and not by reference to the floors, walls and
ceilings of a building.
BASEMENT means the space between two floor levels, with the lower level
located more than 1.2 metres below grade. (Amnd 2 Bylaw 2029)
BED AND BREAKFAST means the use of a single unit dwelling that includes:
(a) the business of renting not more than four bedrooms in the dwelling for the
temporary lodging of paying guests; and
(b) the use of common living and dining area for such guests; and
(c) the use of the dwelling as the principle residence of the bed and breakfast
operator; and
(d) the provision of breakfast in the dwelling for the paying guests.
(Amnd 11 Bylaw 2127)
BEDROOM means a room used principally for sleeping and excludes bathroom,
dining room, kitchen, principal living room, storage room, and work room.
BUILDING means an enclosed structure used or intended for supporting or
sheltering any use or occupancy.
CAMPGROUND means an area of land that has been designed and intended for
the temporary placement of recreational vehicles and tents to accommodate the
travelling public.
COMMERCIAL FLOOR AREA means the total floor area of a building used for
temporary accommodation measured to the outer limits of a building excluding
areas used for tourist accommodation and including assembly and commercial
uses.
COMMERCIAL USE includes office, retail, personal service, restaurants and
establishments licensed for the sale of alcoholic beverages on the premises.
COMMON WALL means a continuous, unbroken vertical structure on either side
of which is a separate dwelling unit, building or strata lot.
"CONFERENCE USE means a facility used for the holding of conferences,
conventions, seminars, workshops or similar activities and includes accessory
uses such as offices, facilities for preparing and serving of food and beverages
and ancillary storage." (Amnd 32 Bylaw 2363)
CRAWLSPACE means a portion of a building with a height between ceiling and
floor of less than 1.5 metres. (Amnd 2 Bylaw 2029)
DORMITORY means a room used as a common sleeping area which may be
divided by one or more partitions which are at least 0.5 metres less in height than
9
the distance between the floor and the ceiling in the dormitory in which they are
located.
DWELLING means a building designed or used as a dwelling unit or dwelling units.
DWELLING, MULTIPLE UNIT means a dwelling containing three (3) or more
dwelling units and includes a townhouse and apartment.
DWELLING, SINGLE UNIT means a dwelling containing one (1) dwelling unit.
DWELLING, DUPLEX means a principal residential building containing two
dwelling units that are divided by a fire separation and share a common roof and
foundation. (Bylaw 2765 Amnd 39)
DWELLING UNIT means the use of all or part of a building for one or more
habitable rooms which constitute a self-contained unit with a separate interior or
exterior entrance, used or intended to be used by one or more persons for living
and sleeping purposes and containing sanitary and other rooms or facilities but not
more than one kitchen or set of cooking facilities. (Bylaw 2765 Amnd 39)
ENTERTAINMENT FACILITY means commercial use limited to premises licensed
for the sale of alcoholic beverages on the premises.
FENCE means a fabricated structure intended to prevent intrusion onto a parcel
or to separate a parcel from adjacent parcels or part of a parcel from an adjacent
part of a parcel and includes a wall or trellis.
FLOOR AREA, GROSS means the total area of all floors in all buildings on a parcel
measured to the exterior face of exterior walls including mezzanines, enclosed
balconies, enclosed porches and enclosed verandas but excluding parking areas,
basements, stairwells, elevators and ventilating shafts, areas occupied by fixed
machinery or equipment, and any other space less than 1.5m in height (Bylaw
2794 Amnd 41)
FLOOR SPACE RATIO means the figure obtained when the gross floor area of all
buildings on a parcel is divided by the parcel area.
GOLF COURSE means a parcel or group of parcels used for playing golf,
consisting of at least nine holes each with a tee, fairway and green, and may
contain practice areas accessory to the golf course, a pro-shop, clubhouse and
lounge or dining facilities, but a golf course is not a driving range, pitch-and-putt or
miniature golf establishment.
GRADE means the average level of finished ground adjoining a building at all
exterior walls or the average level of finished ground adjoining a structure at its
supports. (Bylaw 2774 Amnd 40)
10
GROUND FLOOR means the lower most storey of a building, the lower floor
surface of which is closer to grade than the floor of any storey in the building.
GUEST ROOM means not more than one (1) habitable room that is used for
temporary accommodation of paying guests and may include a bathroom and
one (1) set of cooking facilities.
HABITABLE ROOM means a room designed for living or sleeping, but does not
include a bathroom, kitchen, storage room, laundry room, utility room or closet.
HEIGHT means the vertical distance from grade to:
(a) the highest point of the roof surface of a flat roof;
(b) to the deck line of a mansard roof;
(c) to the mean level between the eaves and the ridge of a gable, hip, gambrel,
or other sloping roof; or
(d) in the case of a structure without a roof, to the highest point of the structure.
HIGHWAY includes a street, road, lane, bridge, viaduct, any other way open to
public use and a private right-of-way on private property.
HOME BASED BUSINESS means an occupation, service, profession or craft
which is clearly accessory to the use of a dwelling unit for residential purposes or
to the residential use of a parcel occupied by a dwelling, and is carried on by a
resident of the dwelling unit, but does not include the repair of vehicles.
HOSTEL means a building used as a temporary place of lodging containing one
or more dormitories and includes common areas for washing, cooking, dining
and socializing, bathroom, kitchen, dining and social facilities and which may also
contain a secondary suite.
INDOOR RECREATION means private, commercial or public leisure activities
including swimming pool, racquet courts, weight rooms, spas and other similar
activities.
INN (deleted Amnd 37 Bylaw 2712)
KIMBERLEY ALPINE RESORT LANDS means all that land shown on Schedule
"A" attached hereto and forming part of this Bylaw.
KIMBERLEY ALPINE VILLAGE means all that area shown on Schedule "A"
attached hereto and forming part of this Bylaw.
LANE means a highway which provides secondary access to any abutting parcel.
LOBBY means that portion of a resort hotel, or tourist accommodation building
which is primarily utilized as an entry area to the principal use of the building and
may include but is not limited to a reception area, entry foyer, administration
offices related to the reception function, temporary storage area for guests
11
belongings, and entry lounge.
LOCKED OFF LODGE ROOM means an area that can be locked and separated
from the remainder of the dwelling unit within which it is contained, and that:
(a)
contains not more than two habitable rooms, and that shall contain a
bathroom, and may contain a set of cooking facilities;
(b)
the maximum floor area does not exceed thirty-five percent (35%) of the
dwelling units gross floor area;
(c)
is occupied or is used for tourist accommodation; and
(d)
may have its own separate access to a common hallway."
(Amnd 2 Bylaw 2029)
LODGE (deleted Amnd 37 Bylaw 2712)
NATURAL BOUNDARY means the visible high watermark of any lake, river
stream or other body of water where the presence and action of the water are so
common and usual, and so long continued in all ordinary years as to mark upon
the soil of the bed of the lake, river, stream or other body of water, a character
distinct from that of the banks thereof in respect to vegetation, as well as in
respect to the nature of soil itself.
OFF-STREET LOADING SPACE means an area of land other than a highway
used for the parking of a vehicle.
OFF-STREET PARKING AREA means an area of land that includes off-street
parking spaces plus driveways, manoeuvring aisles and landscaping associated
with the off-street parking area. An off-street parking area may be open,
concealed, sheltered or underground.
OFF-STREET PARKING SPACE means an area of land other than a highway
used for the parking of a vehicle.
OUTDOOR AMENITY AREA means an area that is part of a building or parcel
intended for the outdoor recreational use of the occupants, either for common
use or individual dwelling unit use, exclusive of the areas occupied by entrance
hallways, driveways, parking areas, dwelling units, and storage areas. An
outdoor amenity area must not be greater than 30% in length of its width and
must not be sloped greater than 3% in grade at any point. (Bylaw 2765 Amnd 39)
OUTDOOR STORAGE YARD means an area outside an enclosed building
where material and equipment used by or associated with the principal use of the
same or an adjoining parcel are kept.
PARCEL means any lot, block or other area in which land is held or into which it
is subdivided, but does not include a highway.
PARCEL, IRREGULAR means a parcel with opposite side parcel lines that are
12
not parallel.
PARCEL LINE means a legal boundary of a parcel as shown or described on the
records of the Land Title Office.
PARCEL LINE, FRONT means the parcel line common to a parcel and an
abutting highway other than a lane. Where there is more than one such line and
such lines are perpendicular, the shortest such line shall be considered the front
parcel line, or where the front and rear parcel lines both adjoin a highway, the
front parcel line shall be that to which the majority of adjacent buildings face.
PARCEL LINE, REAR means the parcel line or parcel lines opposite to and most
distant from the front parcel line; or where the rear portion of the parcel is
bounded by intersecting side parcel lines, it shall be the point of such
intersection.
PARCEL LINE, SIDE means the parcel line or parcel lines other than the front or
rear parcel line and common to another parcel or parcels or to a highway.
PARK means open space used for recreational purposes or maintained for the
use and enjoyment of the public and includes Federal, Provincial, Regional and
local parks, ecological, archaeological and historic sites, and also includes
privately owned land for use of which no charge is made to the public.
PARKING SPACE means the space for the parking of a vehicle but excludes
aisle space.
PEDESTRIAN MALL means privately owned land in the Village Core designed
for public pedestrian access and shown hatched on Schedule C attached hereto
and forming part of this Bylaw.
PENSION means a building used for the temporary lodging by visitors that
includes 4-12 sleeping units, common areas including a dining room intended for
the use of guests and a secondary suite.
PERSONAL SERVICE means a commercial use catering to the needs of the
general public including barbershop or beauty salon, dry cleaning, financial
institution, photography studio, shoe repair and ticket and travel agency but
excluding escort services and non-registered massage parlours.
PRINCIPAL BUILDING means a building in which or in relation to which the
permitted principal uses are concentrated.
PRINCIPAL USE means the main purpose for which land, buildings or structures
are ordinarily used.
PUBLIC UTILITY USE means a use, including buildings and structures, providing
water supply, sewage collection and disposal (excluding sewage treatment
plants), electricity, natural gas, telephone, radio and television broadcasting,
13
transmitting and receiving and similar services where such use is established by
the City of Kimberley, or a company regulated by government utility or
communications legislation.
REPAIR OF VEHICLES means the disassembly of vehicles, derelict or
otherwise, into component parts and the construction, repair and maintenance of
ordinary or special status vehicles, but does not include the repair and
maintenance of licensed or leased vehicles owned by members of the family.
RESIDENTIAL means a fixed place of living, excluding any tourist
accommodation, to which a person intends to return when absent.
RESORT HOTEL means use of a building or land for the temporary lodging of
the general public, wherein payment for occupancy is on a daily or weekly basis
to the operator of the premises which building may include, as accessory uses:
(a) lobby;
(b) restaurant;
(c) conference use;
(d) entertainment facility;
(e) retail;
(f) indoor recreation; and
(g) personal services. (Amnd 37 Bylaw 2712)
SCREENING means a fence or hedge or combination thereof that obstructs
certain views of the parcel which it encloses and is broken only by access drives,
lanes and walkways, excluding open mesh or chain link style fences.
SECONDARY SUITE means a complete living unit with its own kitchen, sleeping
area, and washroom facilities contained within another dwelling unit. The two
dwelling units (the principal dwelling unit and the secondary suite and any
common spaces) make up a single real estate entity that cannot be stratified or
otherwise legally separated from the other. (Bylaw 2765 Amnd 39)
SITE COVERAGE means the figure obtained when the projected area of the
outside walls, excluding steps, eaves, cantilevered balconies and sundecks, of all
principal and accessory buildings is expressed as a percentage of the total parcel
area.
SLEEPING UNIT means two (2) habitable rooms that are used for temporary
accommodation and may include a bathroom and one (1) set of cooking facilities.
STOREY means the part of a building or structure between the top of any floor
and ceiling above, but excludes a basement.
STOREY, HALF for the purpose of calculation of height wherever height is
regulated by number and fractions of storeys, means the uppermost storey of a
building where the floor area existing or as may be extended over open to below
space having a ceiling height in excess of 1.5 metres, does not exceed fifty
14
percent (50%) of the floor area of the storey next below.
STRUCTURE means any construction which is fixed to, supported by or sunk
into land or water, excluding paving or surfacing materials such as asphalt or
concrete.
TEMPORARY (deleted Bylaw 2167 Amnd 14)
TOURIST ACCOMMODATION means a building or portions of a building
containing one or more habitable rooms that are used for temporary lodging by
visitors where payment for occupancy is on a daily or weekly basis.
TOWNHOUSE means a multiple unit dwelling wherein dwelling units are
separated by vertical fire separations, and may also include horizonal fire
separations between dwelling units. (Bylaw 2765 Amnd 39)
TOURIST ACCOMMODATION FLOOR AREA means the total floor area of a
building used for temporary accommodation of paying guests measured to the
outer limits of a building excluding areas used for commercial uses.
USABLE SITE AREA means the area of a parcel, bare land strata lot or strata
plan excluding:
(a)
area covered by a natural body of water including swamp or surface
water;
(b)
area where the natural slope exceeds thirty percent (30%) for lands zoned
to permit townhouses, apartments, pensions and hostels; and forty
percent (40%) for lands zoned to permit duplex and detached dwellings.
VEHICLE means a device in, on or by which a person or thing is or may be
transported or drawn on a highway, except a device designed to be moved by
human power or used exclusively on stationary rails or tracks.
VEHICLE, DERELICT means any vehicle which is not licensed for the current
year but does not include a vehicle stored in a building or a vehicle used for
industrial purposes on land zoned for industrial use in this Bylaw.
VEHICLE, RECREATIONAL means a vehicle which is, or was originally
designed to travel or to be transported on a highway and constructed or
equipped to be used as temporary living or sleeping quarter by travellers, or a
vehicle which is designed as a recreation conveyance on or off the highway and,
without limiting the generality of the foregoing, includes a trailer, travel trailer, tent
trailer, coach, camper, motor home but not a mobile home.
WATERCOURSE means any natural or man-made depression with well-defined
banks and a bed 0.6 metres or more below the surrounding land serving to give
direction to a current of water at least six months of the year or having a drainage
area of two square kilometres upstream of the point of consideration.
15
YARD means the outdoor area of a parcel adjacent to a building or structure
extending from an exterior wall of the building or structure to a parcel line.
YARD, EXTERIOR SIDE means a side yard where the side parcel line abuts a
highway or a lane.
YARD, FRONT means a yard extending across the full width of the parcel from
the front parcel line to the exterior wall of a building or structure, measured at
right angles to the front parcel line, excluding eaves, fireplaces and chimneys not
projecting more than 0.6 m (2 ft) and uncovered steps that do not exceed 1.5 m
(5 ft).
YARD, INTERIOR SIDE means a side yard where the side parcel line abuts
another parcel.
YARD, REAR means a yard extending across the full width of the parcel from the
rear parcel line to the exterior wall of a building or structure, measured at right
angles to the rear parcel line, excluding eaves, fireplaces and chimneys not
projecting more than 0.6 m (2 ft) and uncovered steps that do not exceed 1.5 m
(5 ft).
YARD, SIDE means a yard extending from the front yard to the rear yard and
lying between the side parcel line and the exterior wall of a building or structure
measured at right angles to the side parcel line, excluding eaves, fireplaces and
chimneys not projecting more than 0.6 m (2 ft) and uncovered steps that do not
exceed 1.5 m (5 ft).
Defined terms are underlined in this Bylaw for convenience purposes only, and the
above definitions apply whether a term is underlined or not.
16
SECTION 4 GENERAL REGULATIONS
CONFORMITY OF USES, BUILDINGS AND STRUCTURES
4.01
(1)
Within the area to which this Bylaw applies, no person shall use or permit any
building, structure or land to be used or occupied or any building or structure or
part thereof to be erected, moved, altered or enlarged unless in conformity with
this Bylaw and any other relevant Bylaws of the City of Kimberley and provisions
of the Municipal Act.
CONDITIONS WHERE A DEVELOPMENT PERMIT IS NOT REQUIRED
4.01A
(1) Development Permits are not required under the following conditions:
(a)
Development permits are not required within the specified development
permit areas for internal alterations that do not affect the outer appearance
of the building.
(b)
Development permits are not required for the construction of, or addition
to, or alteration of a single unit dwelling or duplex dwelling
(c)
At the discretion of the City, development permits applications may be
exempt at the time of subdivision for all Development Permit Areas
designated in Official Community Plan Bylaw 2233, 2005 except for
Development Permit Area #7 Canadian Mountain Cabins; Development
Permit Area #8 Environmental Protection; Development Permit Area #9
Wildfire Hazard Areas; and Development Permit Area #12 Townsite.
Development Permit Applications that have been exempted at the time of
subdivision will be required prior to Building Permit approval.
(d)
At the discretion of the City, development permit applications may be
exempt at time of subdivision for minor boundary adjustments or lot
consolidations.
(Amnd 21 Bylaw 2258)
USE OF EXISTING PARCELS
4.02
(1)
Parcels existing at the time of the effective date of this Bylaw which do not conform
with the parcel area requirements of this Bylaw may be used for any of the uses
permitted in the zone in which they are located unless otherwise provided for in
Section 7, provided all other regulations of this Bylaw are complied with.
17
PERMITTED PRINCIPAL USES IN ALL ZONES
4.03
(1)
parks and public utility uses are permitted in all zones.
PROHIBITED USES IN ALL ZONES
4.04
(1)
Intensive agriculture use is prohibited in all zones other than those which contain
land that is within the Agricultural Land Reserve, and subject to regulations of the
Agricultural Land Commission Act, the Municipal Act, and regulations under those
Acts.
(2)
The repair of vehicles or storage of derelict vehicles is prohibited in all zones.
VILLAGE DENSITY REGULATIONS
4.05
(1)
For the purpose of calculating density in any RHA-1 and LA Zone, the gross floor
areas of a use situated in or forming part of a resort hotel, including entertainment
facilities, restaurants, kitchens, food preparation areas, personal services,
conference use, indoor recreation, retail, and offices, whether or not permitted or
customarily incidental to a resort hotel, shall be calculated as commercial floor
area. (Amnd 37 Bylaw 2712)
(2)
Wherever density in a RHA-1 or a LA zone is regulated by gross floor area per
parcel and provides that such gross floor area may consist of both a tourist
accommodation floor area and commercial floor area then in all such cases the
commercial floor area may be increased or decreased up to ten percent (10%) of
that permitted provided that the tourist accommodation floor area is similarly
reduced or increased and provided that the total gross floor area of all uses shall
not be increased.
(3)
(deleted Amnd 37 Bylaw 2712)
GARBAGE STORAGE & COLLECTION STANDARDS
4.06
(1)
Garbage Storage and Collection Standards
(a)
All buildings in resort zones other than RRS, RTA-1 and RTA-2 shall
provide adequate provision for enclosed storage and recycling of garbage.
(Amnd 2 Bylaw 2029)
(b)
The minimum inside dimensions of this space shall be not less than 3.0
metres wide and 1.8 metres deep and 2.4 metres high.
(c)
Clear and unobstructed access shall be maintained for garbage collection
and in no case shall the access be blocked with a parking or loading
space.
18
HOME BASED BUSINESSES
4.07
(1)
A home based business, where permitted by this Bylaw, shall be in compliance
with the following:
(a)
It shall produce no offensive noise, traffic, vibration, smoke, dust, odour,
glare or electrical interference.
(b)
It shall be carried on wholly within the dwelling unit or within an accessory
building.
(c)
There shall be no exterior indication of the home based business either by
stored material, displays, floodlighting or otherwise, or by any variation
from the residential character of the dwelling unit or accessory building,
provided, however, that such business may have one unilluminated name
plate not exceeding 0.2 m2 (2 sq. ft.) in area placed within, or flat against
the dwelling unit or accessory building and that the name plate be
permitted to include the name of the home based business as well as that
of the Business Licence holder.
(d)
Parking for a home based business shall not be located in the required
front yard, except on a driveway or area which is designed and paved for
parking.
(e)
Materials and commodities shall not be delivered to or from the dwelling in
such bulk or quantity as to require in the cumulative, more than weekly
delivery by a commercial vehicle or trailer.
(f)
Only sales of products or goods produced or fabricated on the parcel shall
be permitted.
ACCESSORY BUILDINGS AND STRUCTURES
4.08
(1)
No person shall erect an accessory building or structure on any parcel unless the
principal building or structure to which the accessory building is an incidental use
has been erected or will be erected simultaneously with the accessory building or
structure.
(2)
Where an accessory building or structure is attached to the principal building, it
shall be considered part of the principal building.
(3), (4), (5) and (6) [deleted (Bylaw 2765 Amnd 39)]
19
SITING OF BUILDINGS AND STRUCTURES
4.09
(1)
The construction, reconstruction, alteration, moving or extension of buildings and
structures shall be in conformity with the regulations for siting of buildings and
structures specified in this Bylaw.
(2)
Despite any other provisions of this Bylaw, no building, structure, or any part
thereof shall be constructed, reconstructed, moved or extended within 15 metres
of the natural boundary of any watercourse.
(3)
The following features are permitted in yard areas:
(a)
Eaves, gutters, cornices, sills, bay windows, belt courses, chimneys,
heating or ventilating equipment provided such projections do not project
more than 1 metre, measured horizontally, into required yard area;
(b)
Unenclosed stairwells, balconies, porches, canopies and sunshades,
provided such projections do not project more than:
(i)
1.5 metres into required front and side yard; and
(ii)
2 metres into required rear yard; (Amnd 12 Bylaw 2135)
(c)
Free standing light poles, warning devices, antennae, satellite dishes,
masts, utility poles, wires, public utilities, flag poles, signs, and sign
structures provided that the location and design thereof is not prohibited
under any Bylaw or regulation of the City of Kimberley.
(d)
Landscape features including planters, stairs, walkways, decks and
decorative walls, provided such features are not greater than 0.6 metres in
height. (Bylaw 2774 Amnd 40)
RETAINING WALLS
4.09A
(1)
The exposed face of any retaining wall shall not exceed 2 metres.
(2)
Tiered retaining walls must have a 1.5 metre planting ledge between walls to be
planted with vegetation to reduce visual impacts.
(3)
Section 4.09A (1) and 4.09A (2) does not apply to stacked rock walls having a
slope less than 45 percent.
(a)
The continuous height of any rock stack wall should not exceed 5 metres, or
10 metres when tiered.
(i)
Where the height exceeds 5 metres, a planting ledge with a maximum
width of 3 metres must be provided.
20
(b) Rocks used in rock stack walls that have not been designed by a
Professional Engineer shall adhere to the rock stack retaining wall
guidelines established in the steep slope development guidelines.
(Bylaw 2774 Amnd 40)
RELAXATION OF SITING LIMITATIONS
4.10
(1)
In the RRS, RTA-1, RTA-2, TB and TP zones, an accessory or attached building
for garage or carport use may be set back a minimum of 5 metres from the front
parcel line. (Amnd 2 Bylaw 2029)
(2)
In the RRS zones, RTA-1, RTA-2 and TB-1 zones, if the average slope over a
distance of 10 metres from, and perpendicular to, the front parcel line or the edge
of pavement of the road fronting the parcel, is 20% or more, an auxiliary building
for garage or carport use may be located a minimum of 2 metres from the front
parcel line, provided that the accessory building is no more than 3.5 metres in
height.
(3)
The interior yard requirements of this Bylaw do not apply to strata lots other than
the lots within a bare land strata plan.
VISIBILITY AT INTERSECTIONS
4.11
(1)
No person shall obstruct vision at an intersection on corner parcels by buildings,
structures, fences, landscaping or other objects in excess of 1.0 m (3.2 ft.) in
height within a triangular area bounded by the two parcel lines adjacent to the
highways, excluding lanes, and a straight line joining each parcel line at the
following distances from their points of intersection as shown in the diagram
below:
in the RHA and LA zones : 3.0 metres (9.9 ft.)
in all other zones : 6.0 metres (19.6 ft.)
CALCULATION OF HEIGHT
4.12
(1)
The overall mean level of a roof shall be established as follows:
(a)
calculate the area of each plane within the roof (in plain view) as a
percentage of the area of the entire roof;
(b)
multiply the mean height of each plane by its percentage of the overall
roof area; and
(c)
add together the weighted averages of the heights of the roof planes to
establish the overall mean level of the roof.
(2)
Despite the definition of height in Section 3, where the elevation of the highway
servicing the parcel is above the average elevation of the grade of the subject
parcel, the maximum permissible building height may be increased by the
21
difference in ground elevation between the highway and grade of that face of the
building that fronts onto the highway to a maximum increase of 3 metres.
RELAXATION OF BUILDING HEIGHT LIMITATIONS
4.13
(1)
The following building appurtenances of a greater height than otherwise permitted
in a zone are permitted provided the appurtenances of a greater height than
otherwise permitted provided the appurtenances do not, in the aggregate, cover
more than 10 percent of the total roof area of a building and the combined height
of a building and appurtenance does not exceed 1.2 times the maximum permitted
height of the building in that zone:
(a)
domes and cupolas;
(b)
monuments;
(c)
chimneys;
(d)
spires;
(e)
antennae and masts and satellite receivers;
(f)
solar energy devices and associated mechanical components on buildings
(g)
mechanical appurtenances, provided they are adequately screened from
view; and items similar to the above.
(Bylaw 2774 Amnd 40)
22
FENCING
4.14
(1)
General Provisions
(a)
Barbed or electrified wire shall not be used as a fencing material in
any zone.
(b)
All fencing shall be maintained in good condition at all times.
(c)
Maximum height restrictions do not apply to open mesh and chain
link fences erected to enclose cemeteries, sports fields, tennis
courts, playgrounds, park, public utility uses, and municipal
facilities.
(2)
Regulations for all Zones
(a)
The height of a fence on top of a retaining wall at a property line,
or within 1.2m of a property line, shall not exceed the maximum
height prescribed for the particular yard and zone when measured
from grade on the high side of the retaining wall.
(b)
The height of a fence on top of a berm, wherever located on a
parcel, must not exceed the maximum height prescribed for the
particular yard and zone when measured from the natural ground
level prior to establishment of the berm.
(c)
The maximum height of a fence in all yards shall be 2.15 metres (7
ft).
(Bylaw 2794 Amnd 41)
SUBDIVISION OF DUPLEX DWELLINGS
4.15
(1)
Despite any other provision of this Bylaw, a duplex dwelling may be subdivided
into two strata lots under the Condominium Act, in accordance with this section.
(2)
When a duplex dwelling is located on two bare land strata lots, the parcel area,
useable site area and frontage of each bare land strata lot shall be at least on half
of the minimum required for a duplex dwelling parcel in the applicable zone. There
shall be no interior side yard regulations where the duplex units adjoin. Only one
dwelling unit shall be located on a bare land strata lot which has an area less then
the parcel area required for a duplex dwelling in that zone.
(3)
When a duplex dwelling is subdivided into two strata lots which are not bare and
strata lots, the provisions of this Bylaw relating to parcel areas and the size, shape
and siting of the buildings shall apply to the land within the strata plan as though
23
the land had not been subdivided, subject to Section 4.13.
FRONTAGE DETERMINATION
4.16
(1)
The front parcel line for any parcel having more than one boundary on a highway
shall be:
(a)
The shortest boundary of a corner parcel abutting on a highway; and
(b)
Where the highway boundaries of a corner parcel are equal in length, the
front parcel line is that boundary between the parcel and highway from
which it derives its City address.
SECTION 5 PARCEL AREA REQUIREMENTS
PARCEL AREA
5.01
(1)
The parcel area requirements in Section 4 of this Bylaw shall not apply to:
(a)
public utility uses;
(b)
parks.
24
SECTION 6 PARKING AND LOADING REGULATIONS
GENERAL REQUIREMENTS FOR PARKING AND LOADING SPACES
6.01
(1)
All parking and loading spaces required to be provided under this Section shall be
kept available at all times for vehicles operated by persons who are occupying,
using or providing services to the use, building or structure for which the parking
is required.
(2)
Parking and loading spaces shall be provided in accordance with the following
Table. Column I classifies the use, Columns II, III, and IV set out the number of
parking and loading spaces that are to be provided.
PARKING AND LOADING REGULATIONS
In this Bylaw, the following parking and loading regulations shall apply:
COLUMN I
Type of Use
COLUMN II
Required Parking
COLUMN III
Required Bus
Parking
COLUMN IV
Required Loading
Conference Use
the greater of 1 space
per 50 fixed seats or 4
spaces per 100
square metres of
gross floor area used
for public assembly,
except where such a
facility is located
within 400 metres of a
day skier parking lot
0 spaces for the first
500 square metres, 1
space for each
additional 1000
square metres of
gross floor area
1 space per 3,000
square metres of
gross floor area
Bed & Breakfast
2 spaces for the bed
and breakfast operator
or the secondary suite
plus 0.75 spaces per
guest room
none required
none required
commercial uses
including Retail,
personal service,
Restaurants, premises
or portions thereof
licensed for the sale
and consumption of
alcoholic beverages
1 space per 30 square
metres of gross floor
area
of commercial use
(amnd 17-2201)
none required
1 space per 1,400
square metres of
gross floor area
Dwelling unit
(Bylaw 2765 Amnd 39)
1 space per dwelling
unit
None required
None required
25
COLUMN I
Type of Use
COLUMN II
Required Parking
COLUMN III
Required Bus
Parking
COLUMN IV
Required Loading
golf courses
125 spaces for an 18
hole course
1 space per 9 holes
none required
indoor recreation
2 spaces per 100
square metres of
gross floor area
1 space per 1500
square metres of
gross floor area
none required
hostel
1 space per 15 square
metres of floor area
used for sleeping
accommodation
none required
none required
locked off lodge room
0.75 spaces per locked-
off lodge room (Amnd 2-
2029)
pension
2 covered or enclosed
spaces for the pension
operator or the
secondary suite plus
0.75 spaces per
sleeping unit or guest
room
none required
none required
Ski Hill
one (1) space for
three (3) skiers of
comfortable carrying
capacity less off-street
parking spaces for
tourist accommodation
within 400 metres
(1312.34 ft.) of any lift
terminal
one (1) space for
every six hundred
(600) skiers of
comfortable carrying
capacity
none required
tourist
accommodation,
resort hotel (Amnd 37,
Bylaw 2712) but
excluding related
commercial service
uses for:
0-100 sleeping units
or guest rooms
0.75 spaces per guest
room and 1 space per
sleeping unit
1 space (in addition to
any other required
loading)
101-200 sleeping units
or guest rooms
0.65 spaces per guest
room and 0.90 spaces
per sleeping unit
1 space (in addition to
any other required
loading)
201+ sleeping units or
guest rooms
0.55 spaces per guest
room and 0.80 spaces
per sleeping unit
1 space (in addition to
any other required
loading)
26
COLUMN I
Type of Use
COLUMN II
Required Parking
COLUMN III
Required Bus
Parking
COLUMN IV
Required Loading
tourist
accommodation,
resort hotel containing
dwelling units but
excluding related
commercial uses
(Amnd 37, Bylaw
2712)
1 space per 55 square
metres of gross floor
area in each dwelling
unit plus 0.5 space for
every additional 40
square metres of
gross floor area or
part thereof within
each unit to a
maximum of 2 spaces
per dwelling unit
none required for the
first 50 dwelling units,
1 space for each
additional 100
dwelling units
1 space (in addition to
any other required
loading)
(3)
If a use is not specifically mentioned in Column I of the above Table, then the
number of parking and loading spaces required shall be calculated on the basis
of the most similar use that is listed in the Table.
(4)
Where a calculation of the total required parking or loading spaces results in a
fractional number of 0.5 or greater, the required number of spaces shall be
rounded to the next highest number, and in no case shall less than 1 space be
provided.
(5)
If a building or structure contains more than one use or provides collective
parking for more than one class of building or use, the total number of spaces
shall be the sum of the various classes of uses calculated separately, and except
as permitted in this section, a space required for one use shall not be included in
the requirement for any other use.
(6)
Adequate provision shall be made for vehicles to gain access from a highway to
all parking and loading spaces by means of an unobstructed manoeuvring aisle
except where tandem parking is permitted.
(7)
Except in the RRS, RTA-1, RTA-2 (Amnd 2 Bylaw 2029) and TB-1 zones, all
manoeuvring required to gain access to a parking or loading space shall occur
within the parcel on which the parking or loading space shall occur within the
parcel on which the parking or loading is located so that it is not necessary for
vehicles to back into any street or public right-of-way.
(8)
For single unit dwellings and duplex dwellings (Amnd 27 Bylaw 2276) a
maximum of one required off-street parking space per dwelling unit which
requires three or more off-street parking spaces may be provided as a tandem
parking space.
(9)
Commercial and day skier parking lots shall be required to provide landscaping,
low profile concrete curbs or other barriers to ensure vehicular movement only
from authorized points and to completely restrict the vehicles within the site.
27
LOCATION OF OFF-STREET PARKING SPACES AND OFF-STREET
LOADING SPACES
6.02
(1)
All required off-street parking spaces and loading spaces shall be provided on
the parcel on which the use is located.
(2)
Commercial Parking Lot
(a)
Commercial parking for the RHA and LA zones is to be located on
designated parking areas provided that:
(i)
the required off-street parking spaces are located no further than
150 m (492 ft.) from the use, building or structure that the off-street
parking spaces are intended to serve;
(ii)
use of all off-street parking spaces for commercial uses must be
limited to three (3) hours. (Amnd 2 Bylaw 2029)
(3)
No portion of an off-street loading space shall be located within 7.5 m (25 ft.) of
the intersection of two highways.
(4)
When a building is enlarged, altered, or a change in use occurs which requires a
greater number of parking or loading spaces, the additional parking or loading
spaces required under the provisions of this division shall be provided. In
addition, any spaces removed due to the enlargement or alteration shall be
replaced.
(5)
In the RRM-1, RTA-4 and RTA-5 zones (Amnd 2 Bylaw 2029), not more than 50
percent of yard areas shall be used for parking spaces and driveways but in no
case shall any parking space be located within 1.5 metres of a parcel boundary.
(6)
In all other zones except for RHA and LA zones, no parking space shall be
located within 1.5 metres of a parcel boundary.
(7)
Each parcel zoned RRS, RTA-1, RTA-2 (Amnd 2 Bylaw 2029) or TB-1 shall have
no more than 5 parking spaces and no more than one driveway connecting to a
public street and this driveway shall be no wider than 4 metres for a distance of
at least 1.5 metres from the parcel line.
(8)
Parking, loading or bus parking required for ski lifts shall be located no farther
than 400 metres from the lift for which it is required.
USE AND CONDITION OF OFF-STREET PARKING AND LOADING AREAS
6.03
(1)
Required off-street parking spaces, off-street bus parking and loading and
off-street loading spaces shall not be used for driveways, or for the display, sales
or storage of goods.
(2)
An owner or occupier who provides a greater number of off-street parking spaces
or off-street loading spaces than this Bylaw requires shall construct and maintain
28
the extra off-street parking or loading spaces in accordance with the
requirements of this Bylaw.
SIZE OF OFF-STREET UNCOVERED PARKING SPACES AND OFF-STREET
UNCOVERED LOADING SPACES AND CONSTRUCTION STANDARDS
6.04
(1)
For parking lots containing four (4) or more required off-street parking spaces in
residential zones, and for all off-street parking areas in all other zones:
(a)
except for landscaped areas, all off-street parking areas and off-street
loading areas shall be surfaced with asphalt or concrete paving stones;
(b)
off-street parking areas shall be graded and surfaced to prevent surface
water from ponding or draining onto adjacent parcels or highways, unless
a drainage plan has been approved by the City of Kimberley pursuant to
the City of Kimberley's servicing requirements, which directs surface water
along channels constructed for the purpose of carrying surface water to a
storm sewer outfall;
(c)
off-street parking areas shall be provided with curbs or wheel stops which
prevent vehicles from obstructing pedestrian walkways or damaging
landscaping.
(2)
All off-street parking spaces and off-street loading spaces shall be maintained in
a dust free condition.
(3)
Marking
(a)
Each parking and loading space shall be permanently delineated with
white or yellow paint.
(4)
Lighting
All parking areas shall be illuminated with:
(a)
average illumination levels of 8 Lux with a uniformity ratio (average level to
minimum level) of 3.1;
(b)
luminaries situated in such a way so as not to directly throw light into
streets, lanes, or adjacent properties; and
(c)
a photocell or equivalent switch that will activate the lighting system when
ambient light levels are 8 Lux or less.
(5)
Drainage and Snow Storage (Amnd 2 Bylaw 2029)
(a)
Drainage from all parking areas shall be provided to the City of Kimberley
standard for roadways.
(b)
A designated snow storage area shall be provided for all surface parking
lots.
(6)
General Landscape Requirements at Site Periphery
(a)
All uncovered surface parking areas shall be landscaped except for points
29
of access at street property lines, a continuous landscape strip shall be
provided having a minimum width of 1.5 metres. All plant materials and
installation to be to BCSLA/BCNTA standards.
(7)
Signage
(a)
All entrances and exits of parking lots serving commercial uses shall be
clearly defined, marked or signed.
(8)
All off-street parking spaces, off street bus parking, off-street loading spaces,
driveways, and manoeuvring aisles for other than single and duplex dwellings
shall have a maximum slope in any direction of 8%.
(9)
The minimum dimensions for off-street parking spaces shall be as follows:
Width In
Vertical
Width In
Metres When Length In Clearance
Type of Space Metres
Abutting a Wall Metres In Metres
Standard
2.7
3.0 5.5 2.0
Disabled
3.7
4.0
5.5 2.0
Parallel-Standard 2.7
3.0
7.0 2.0
Loading
3.5
3.8
9.0
4.0
(10)
Visitor Parking
(a)
Every parcel in the RRM-1 zone; RTA-3; RTA-4; and RTA-5 zones (Amnd
2 Bylaw 2029) shall provide a minimum of ten percent (10%) of the
required parking as visitor parking and such spaces shall be marked with
a sign identifying them as such.
(11)
Bus Parking
(a)
A bus parking space shall not be less than 3.8 metres in width, 12.5
metres in length and have a vertical clearance of 4.0 metres.
(12)
Parking and Loading Plan
(a)
A plan shall be submitted with all development permit and building permit
applications showing all required parking and loading spaces, location of
all public and private roads, snow storage areas, drainage, paving or
surfacing, markings, circulation areas, landscape areas and all works and
services required under the City of Kimberley Subdivision and
Development Servicing Bylaw No. 2015 as amended or replaced.
30
UNCOVERED PARKING LOT LAYOUT AND MANOEUVRING AISLES
6.05
(1)
Unobstructed access to and from off-street parking spaces shall be provided by
means of a manoeuvring aisle, designed in single-loaded or double-loaded
modules in accordance with the angled parking arrangements shown in the
following Table:
A = Parking Angle in Degrees
W = Minimum Manoeuvring Aisle Width
L = Minimum Projected Length of a Space
M = Minimum Width of a module, which
applies only to double-loaded aisle design
(W) Minimum
(M) Minimum
Manoeuvring (L) Minimum Module
Aisle Width Projected Length Width
(A) Parking Angle in Degrees In Metres
In Metres In Metres___
90o, one way traffic
5.8
5.8
17.4
90o, two way traffic
7.3
5.8
18.9
60o, one way traffic
5.5 6.4 18.2
45o, one way traffic
3.9 6.0
15.9
30o, one way traffic
3.4 5.4
13.8
Parallel, one way traffic
3.7
- -
Parallel, two way traffic
7.4
- -
provided that where:
(a)
an aisle provides access to off-street parking spaces set at different
angles, on one or both sides of the aisle, the widest required minimum
aisle width shall be provided;
(b)
angled off-street parking is provided on one side of a two-way traffic aisle,
the minimum manoeuvring aisle width (w) shall be 7.5 metres (25 ft.).
COVERED PARKING AND LOADING SPACES
6.06
(1)
A parking space which has a roof or other structure above it shall:
(a)
be not less than 2.4 metres in width and 5.5 metres in length; and
(b)
have a minimum vertical clearance of 2.13 metres.
(2)
parking spaces for compact automobiles may comprise up to 20 percent of the
parking spaces required for a building or use and shall:
(a)
be not less than 2.25 metres in width and 4.5 metres in length;
(b)
have a minimum vertical clearance of 2.13 metres;
31
(c)
be grouped together in a separate parking area with a sign identifying
parking for compact automobiles only; and
(d)
have a roof or other structure above.
(3)
A loading space shall:
(a)
be not less than 3 metres in width and 9 metres in length; and
(b)
have a minimum vertical clearance of 4 metres.
(4)
Any parking space which has a roof or other structure above it shall comply with
the Table set forth in Section 6.05 under the columns designated "(W) Minimum
Manoeuvring Aisle Width in Metres".
(5)
Despite subsections 6.06 (1)(a) and 6.06 (2)(a), if a parking space abuts a fence,
wall or other obstruction on one or both sides, the minimum unobstructed width
of the parking space shall be 3 metres.
(6)
Despite subsection 6.06 (1)(a),(2)(a)and (5), if any of the required parking spaces
are enclosed within an accessory building or attached garage, the minimum
parking space must not be less than 3.65 metres in width and 6 metres in length.
(Amnd 21 Bylaw 2258)
OFF-STREET PARKING SPACES FOR DISABLED PERSONS
6.07
(1)
In addition to the requirements of the B.C. Building Code, all off-street parking
areas containing more than ten (10), but fewer than fifty-one (51) off-street
parking spaces shall include a minimum of one (1) of the required off-street
parking spaces for persons with disabilities.
(2)
Off-street parking spaces for persons with disabilities shall be provided as close
to the main entrance(s) to the principal building as possible, and marked with a
sign identifying each space reserved for such parking.
(3)
All spaces for disabled persons shall be a minimum width of 3.7 metres and a
minimum length of 6.1 metres.
DRIVEWAY GRADIENTS
6.08
(1)
The maximum permitted gradient of a driveway shall not exceed 8 percent within
a distance of 3 metres from the edge of pavement of a City or private roadway or
from the existing ditch, or ditch required under City regulations, whichever
distance is greater.
(2)
The maximum permitted average gradient of a driveway to a building containing
two or fewer dwelling units shall not exceed 12 percent.
32
(3)
The maximum permitted gradient for all uncovered parking areas is 5 percent.
(Amnd 21 Bylaw 2258)
REQUIRED BICYCLE PARKING
6.09
(1)
The number of bicycle parking spaces required for a use, building or
structure shall be calculated according to the table below:
Building or Use
Required Bicycle Parking Spaces
Residential or Commercial
zoned parcel containing two
or more dwelling units
1 space per dwelling unit
1.5 spaces per dwelling unit greater than 50m2
2 spaces per dwelling unit greater than 90m2
(Bylaw 2774 Amnd 40)
(2)
Bicycle parking spaces shall be a minimum of 0.6m in width, a minimum of
1.8m in length and shall have a vertical clearance of at least 2m.
(3)
Bicycle spaces shall be located:
(i)
close to the main entrance of the building for which the bicycle spaces
are provided,
(ii)
close to elevators or parking entry if they are located within a parking
structure,
(iii) so as not to obstruct pedestrian or vehicular movement, and
(iv) outside any vehicle parking spaces, loading areas, fire zones or other
areas where unobstructed access is required.
(4) Bicycle spaces shall be arranged to ensure the safe and convenient
circulation of bicycles.
(5) Bicycle spaces for residents shall be provided in the form of a secured
waterproof bicycle locker, secured bicycle room, or other secured area within
a building, complete with bicycle racks.
(6) Secured bicycle storage areas shall be separated from garbage storage
space, recycling storage space and other storage areas.
(7)
All required bicycle parking shall be provided on the parcel on which the use
is located.
(Bylaw 2765 Amnd 39)
33
SECTION 7 ZONES
ESTABLISHMENT OF ZONES
7.01
(1)
For the purposes of this Bylaw, the City of Kimberley is hereby divided into the
following Alpine Resort Zones:
Zone Title
Short Title
Resort Hotel Accommodation One
RHA-1
Lodge Accommodation One
LA-1
Lodge Accommodation Two
LA-2
Lodge Accommodation Three
LA-3
Lodge Accommodation Four
LA-4
Lodge Accommodation Five
LA-5
Lodge Accommodation Six
LA-6
Lodge Accommodation Seven
LA-7
Resort Residential Standard Zone (Bylaw 2765 Amnd 39)
RRS
Resort Residential Standard TA Zone (Bylaw 2765 Amnd 39)
RRSTA
(RRS-1 Deleted, Bylaw 2765 Amnd 39)
(RRS-2 Deleted, Bylaw 2765 Amnd 39)
Resort Residential Multiple One
RRM-1
(RTA-1 Deleted, Bylaw 2765 Amnd 39)
(RTA-2 Deleted, Bylaw 2765 Amnd 39)
Residential Tourist Accommodation Three
RTA-3
Residential Tourist Accommodation Four
RTA-4
(RTA-5Deleted, Bylaw 2765 Amnd 39)
Residential Tourist Accommodation Six (Bylaw 2185 Amnd 15) RTA-6
Residential Tourist Accommodation Seven (Bylaw 2268 Amnd 25) RTA-7
(RTA-8 Deleted, Bylaw 2765 Amnd 39)
Residential Tourist Accommodation Nine (Bylaw 2298 Amnd 29) RTA-9
Zone Title
Short Title
Hostel One
H-1
Alpine Village Parking One
AVP-1
Tourist Pension One
TP-1
Tourist Pension Two
TP-2
Tourist Bed and Breakfast One
TB-1
Conference Recreation One
CR-1
Leisure Park One
LP-1
Leisure Recreation One
LR-1
34
ZONE BOUNDARIES AND MAP
7.02
(1)
The location and spatial extent of zones established by this Bylaw are as shown
on the attached Schedule "A" which is incorporated in and forms part of this
Bylaw.
(2)
Where a zone boundary is shown as following a highway or creek, the centre line
of such highway or creek shall be the zone boundary.
(3)
Where a zone boundary does not follow a legally defined line and where
distances are not specifically indicated, the location of the boundary shall be
determined by scaling from the zoning maps.
(4)
If a highway is closed, the land formerly comprising the highway shall be included
within the zone of the adjoining land on either side of the closed highway. If the
highway was a zone boundary between two or more different zones, the new
zone boundary shall be the former centre line of the closed highway.
35
RESORT HOTEL ACCOMMODATION ONE ZONE: RHA-1
7.03
(1)
Intent
The intent of this zone is to provide for a resort hotel and a mix of commercial
uses in the Kimberley Alpine Village.
(2)
Permitted Principal Uses
Within the RHA-1 Zone, the following uses only are permitted:
(a)
resort hotel;
(b)
indoor recreation;
(c)
restaurant, excluding a drive-in or drive-through restaurant; and
(d)
retail;
(e)
office;
(f)
personal services;
(3)
Permitted Accessory Uses
Accessory uses to a permitted use.
(4)
Density
The gross floor area of all buildings and structures on a parcel shall not exceed
8,141 square metres provided that the floor area designed, intended or used for
all tourist accommodation uses shall not exceed 7,110 square metres; and the
floor area designed, intended or used for all commercial uses shall not exceed
1,031 square metres.
(5)
Height
The maximum permitted height is 13.5 metres or 4.0 storeys.
(6)
Other Regulations
(a)
All persons carrying out a use permitted in the RHA-1 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(b)
tourist accommodation is not permitted on the ground floor adjacent to the
pedestrian mall.
36
LODGE ACCOMMODATION ONE ZONE: LA-1
7.04
(1)
Intent
The intent of this zone is to provide for a mixture of commercial uses and tourist
accommodation facilities in the Kimberley Alpine Village.
(2)
Permitted Principal Uses
Within the LA-1 Zone, the following uses only are permitted:
(a)
resort hotel;
(b)
personal service;
(c)
office;
(d)
restaurant, excluding a drive-in or drive-through restaurant;
(e)
retail;
(Amnd 37, Bylaw 2712)
(3)
Permitted Accessory Uses
Accessory uses to a permitted use.
Tourist accommodation
(Amnd 37, Bylaw 2712)
(4)
Density
The gross floor area of all buildings and structures on a parcel shall not exceed
4,700 square metres provided that the floor area designed, intended or used for
all tourist accommodation uses shall not exceed 2,700 square metres; and the
floor area designed, intended or used for all commercial uses shall not exceed
2000 square metres.(Bylaw 2046)
(5)
Height
The maximum permitted height is 12 metres or 3.5 storeys.
(6)
Other Regulations
(a)
All persons carrying out a use permitted in the LA-1 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(b)
tourist accommodation is not permitted on the ground floor adjacent to the
pedestrian mall.
37
LODGE ACCOMMODATION TWO ZONE: LA-2
7.05
(1)
Intent
The intent of this zone is to provide for a mixture of commercial uses and tourist
accommodation facilities in the Kimberley Alpine Village.
(2)
Permitted Principal Uses
Within the LA-2 Zone, the following uses only are permitted:
(a)
resort hotel;
(b)
personal service;
(c)
office;
(d)
restaurant, excluding a drive-in or drive-through restaurant;
(e)
retail;
(Amnd 37, Bylaw 2712)
(3)
Permitted Accessory Uses
Accessory uses to a permitted use.
(4)
Density
The gross floor area of all buildings and structures on a parcel shall not exceed
5,060 square metres provided that the floor area designed, intended or used for
all tourist accommodation uses shall not exceed 4,410 square metres; and the
floor area designed, intended or used for all commercial uses shall not exceed
650 square metres.
(5)
Height
The maximum permitted height is 12 metres or 3.5 storeys.
(6)
Other Regulations
(a)
All persons carrying out a use permitted in the LA-2 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(b)
tourist accommodation is not permitted on the ground floor adjacent to the
pedestrian mall.
38
LODGE ACCOMMODATION THREE ZONE: LA-3
7.06
(1)
Intent
The intent of this zone is to provide for a mixture of commercial uses and tourist
accommodation facilities in the Kimberley Alpine Village.
(2)
Permitted Principal Uses
Within the LA-3 Zone, the following uses only are permitted:
(a)
resort hotel;
(b)
personal service;
(c)
office;
(d)
restaurant, excluding a drive-in or drive-through restaurant;
(e)
retail;
(f)
tourist accommodation.
(Amnd 37, Bylaw 2712)
(3)
Permitted Accessory Uses
Accessory uses to a permitted use.
(4)
Density
The gross floor area of all buildings and structures on a parcel shall not exceed
4,403 square metres provided that the floor area designed, intended or used for
all tourist accommodation uses shall not exceed 4,050 square metres; and the
floor area designed, intended or used for all commercial uses shall not exceed
353 square metres.
(5)
Height
The maximum permitted height is 12 metres or 3.5 storeys.
(6)
Other Regulations
All persons carrying out a use permitted in the LA-3 zone shall comply with the
relevant provisions of Sections 4 (General Regulations), 5 (Parcel Area
Requirements) and 6 (Parking and Loading Regulations) of this Bylaw.
39
LODGE ACCOMMODATION FOUR ZONE: LA-4
7.07
(1)
Intent
The intent of this zone is to provide for a mixture of commercial uses and tourist
accommodation facilities in the Kimberley Alpine Village.
(2)
Permitted Principal Uses
Within the LA-4 Zone, the following uses only are permitted:
(a)
resort hotel;
(b)
personal service;
(c)
office;
(d)
restaurant, excluding a drive-in or drive-through restaurant;
(e)
retail;
(Amnd 37, Bylaw 2712)
(3)
Permitted Accessory Uses
Accessory uses to a permitted use.
(4)
Density
The gross floor area of all buildings and structures on a parcel shall not exceed
3,677 square metres provided that the floor area designed, intended or used for
all tourist accommodation uses shall not exceed 3,010 square metres; and the
floor area designed, intended or used for all commercial uses shall not exceed
667 square metres.
(5)
Height
The maximum permitted height is 12 metres or 3.5 storeys.
Other Regulations
(a)
All persons carrying out a use permitted in the LA-4 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(b)
tourist accommodation is not permitted on the ground floor adjacent to the
pedestrian mall.
40
LODGE ACCOMMODATION FIVE ZONE: LA-5
7.08
(1)
Intent
The intent of this zone is to provide for a mixture of commercial uses and tourist
accommodation facilities in the Kimberley Alpine Village.
(2)
Permitted Principal Uses
Within the LA-5 Zone, the following uses only are permitted:
(a)
resort hotel;
(b)
personal service;
(c)
office;
(d)
restaurant, excluding a drive-in or drive-through restaurant;
(e)
retail;
(Amnd 37, Bylaw 2712)
(3)
Permitted Accessory Uses
Accessory uses to a permitted use.
(4)
Density
The gross floor area of all buildings and structures on a parcel shall not exceed
3,344 square metres provided that the floor area designed, intended or used for
all tourist accommodation uses shall not exceed 2,790 square metres; and the
floor area designed, intended or used for all commercial uses shall not exceed
554 square metres.
(5)
Height
The maximum permitted height is 12 metres or 3.5 storeys.
(6)
Other Regulations
(a)
All persons carrying out a use permitted in the LA-5 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(b)
tourist accommodation is not permitted on the ground floor adjacent to the
pedestrian mall.
41
LODGE ACCOMMODATION SIX ZONE: LA-6
7.09
(1)
Intent
The intent of this zone is to provide for a mixture of commercial uses and tourist
accommodation facilities in the Kimberley Alpine Village.
(2)
Permitted Principal Uses
Within the LA-6 Zone, the following uses only are permitted:
(a)
resort hotel;
(b)
personal service;
(c)
office;
(d)
restaurant, excluding a drive-in or drive-through restaurant;
(e)
retail;
(Amnd 37, Bylaw 2712)
(3)
Permitted Accessory Uses
Accessory uses to a permitted use.
(4)
Density
The gross floor area of all buildings and structures on a parcel shall not exceed
6,532 square metres provided that the floor area designed, intended or used for
all tourist accommodation uses shall not exceed 5,850 square metres; and the
floor area designed, intended or used for all commercial uses shall not exceed
682 square metres.
(5)
Height
The maximum permitted height is 12 metres or 3.5 storeys.
(6)
Other Regulations
(a)
All persons carrying out a use permitted in the LA-6 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(b)
tourist accommodation is not permitted on the ground floor adjacent to the
pedestrian mall.
42
LODGE ACCOMMODATION SEVEN ZONE: LA-7
7.10
(1)
Intent
The intent of this zone is to provide for a mixture of commercial uses and tourist
accommodation facilities in the Kimberley Alpine Village.
(2)
Permitted Principal Uses
Within the LA-7 Zone, the following uses only are permitted:
(a)
resort hotel;
(b)
personal service;
(c)
office;
(d)
restaurant, excluding a drive-in or drive-through restaurant;
(e)
retail;
(Amnd 37, Bylaw 2712)
(3)
Permitted Accessory Uses
(a)
Despite any other provision of this Bylaw, a resort hotel unit in this zone
may be used for intermittent residential use by the unit owner when such
units are not occupied for the temporary lodging of the general public or
tourist accommodation. (Amnd 35 Bylaw 2546)
(b)
Tourist accommodation
(Amnd 37, Bylaw 2712)
(4)
Density
The gross floor area of all buildings and structures on a parcel shall not exceed
8630 square metres provided that the floor area designed, intended or used for
all tourist accommodation uses shall not exceed 6,530 square metres; and the
floor area designed, intended or used for all commercial uses shall not exceed
2100 square metres. (Amnd 19 Bylaw 2225)
(5)
Height
The maximum permitted height is 14 metres or 4.5 storeys to a maximum roof
peak elevation of 16.6 metres above grade. (Amnd 19 Bylaw 2225)
(6)
Other Regulations
(a)
All persons carrying out a use permitted in the LA-7 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
43
RESORT RESIDENTIAL STANDARD ZONE: RRS
7.11
(1)
Intent
The regulations for this zone are intended to accommodate a wide range of housing
types and sizes to foster neighbourhood diversity, affordability and vitality on the
Kimberley Alpine Resort lands.
(2)
Permitted Principal Uses
(a)
single unit dwelling;
(b)
duplex dwelling;
(c)
multiple unit dwelling.
(3)
Permitted Accessory Uses
(a)
accessory dwelling unit;
(b)
secondary suite;
(c)
home based business;
(d)
accessory buildings and structures.
(4)
Parcel Area and Dimensions
(a)
Minimum Parcel Area: 275 m2 (2,960 ft.2);
(b)
Minimum front parcel line: 7.5 m (24.6 ft.), except that in the bulb of a
cul-de-sac, the minimum front parcel line is 6 m (19.7 ft.);
(c)
A parcel may be subdivided along a common wall of a duplex dwelling or
townhouse provided each minimum parcel area is 150m2 (1,615 ft.2);
(d)
where a parcel with a duplex dwelling or townhouse is subdivided along a
common wall, the minimum front parcel line of each parcel is 6m (19.7 ft.).
(5)
Density
(a)
Maximum number of principal buildings: one single unit dwelling, one duplex
dwelling or one multiple unit dwelling;
(b)
Maximum floor space ratio for a parcel containing only a single dwelling unit is
0.5;
(c)
Maximum floor space ratio for a parcel containing two dwelling units is 0.6;
(d)
Maximum floor space ratio for a parcel containing three dwelling units is 1.0;
(e)
Maximum floor space ratio for a parcel containing four or more dwelling units is
2.0;
(f)
A parcel with a multiple unit dwelling must not contain more than six principal
dwelling units, except:
(i) where a housing agreement is established under Section 483 of the Local
Government Act designating at least 25% of the units as affordable
housing using criteria based on the Kimberley Housing Needs
Assessment; and
(ii) where a housing agreement is established, a multiple unit building must not
contain more than ten dwelling units;
(g)
A parcel containing a principal dwelling unit must not contain more than one
secondary suite and one accessory dwelling unit.
44
(6)
Siting
(a)
No person shall site a principal building which has:
(i) a front yard less than 2m (6.6 ft.);
(ii) a rear yard less than 2m (6.6 ft);
(iii) a side yard less than 2.5 m (8.2 ft.);
(b)
Side yard requirements do not apply to the parcel line along which a common
wall is located;
(c)
No person shall site an accessory building or structure which has:
(i) a front yard less than 1.5m (5 ft.);
(ii) a rear yard less than 1.5 m (5 ft.);
(iii) a side yard less than 2.5 m (8.2 ft.);
(d)
Accessory dwelling units must not be sited on a separate parcel from the
principal building.
(7)
Size and Dimensions of Buildings and Structures
(a)
Maximum site coverage for a parcel containing:
(i) one dwelling unit is 0.4;
(ii) two dwelling units is 0.5;
(iii) three dwelling units is 0.6;
(iv) four or more dwelling units is 0.65;
(b)
Maximum height of a single unit dwelling or duplex dwelling: 7.6m (25 ft.);
(c)
Maximum height of a multiple unit dwelling: 10.7m (35ft.);
(d)
Maximum height of an accessory building or structure containing an accessory
dwelling unit: 6m (19.7 ft.);
(e)
Maximum height of an accessory building or structure which does not contain
an accessory dwelling unit: 4.5m (15 ft.).
(8)
Design Regulations
(a)
A minimum of 20% of the total surface area of a parcel, excluding patios,
decks, driveways, and parking areas, must be landscaped and maintained in a
permeable state;
(b)
Each dwelling unit must have a minimum outdoor amenity area of 3.0 m2;
(c)
Where outdoor amenity area is provided as common space, the outdoor
amenity area must:
(i) be available to all residents of the development;
(ii) not be less than 3 m2 per dwelling unit.
(9)
Other Regulations
(a)
All persons carrying out a use permitted in the RRS zone must comply with the
relevant provisions of Sections 4 (General Regulations), 5 (Parcel Area
Requirements) and 6 (Parking and Loading Regulations) of this Bylaw.
(Bylaw 2765 Amnd 39)
45
RESORT RESIDENTIAL STANDARD TOURIST ACCOMMODATION ZONE: RRSTA
7.12
(1)
Intent
The regulations for this zone are intended to accommodate a wide range of housing
types and sizes to foster neighbourhood diversity, affordability and vitality on the
Kimberley Alpine Resort lands, with limited provision for tourist accommodation.
(2)
Permitted Principal Uses
(a)
single unit dwelling;
(b)
duplex dwelling;
(c)
multiple unit dwelling.
(3)
Permitted Accessory Uses
(a)
accessory dwelling unit;
(b)
secondary suite;
(c)
home based business;
(d)
bed and breakfast, as an accessory use to the principal dwelling unit of a single
unit dwelling;
(e)
tourist accommodation, as an accessory use to the principal dwelling unit of a
single unit dwelling;
(f)
accessory buildings and structures.
(4)
Parcel Area and Dimensions
(a)
Minimum Parcel Area: 275 m2 (2,960 ft.2);
(b)
Minimum front parcel line: 7.5 m (24.6 ft.), except that in the bulb of a
cul-de-sac, the minimum front parcel line is 6 m (19.7 ft.);
(c)
A parcel may be subdivided along a common wall of a duplex dwelling or
townhouse provided each minimum parcel area is 150m2 (1,615 ft.2);
(d)
where a parcel with a duplex dwelling or townhouse is subdivided along a
common wall, the minimum front parcel line of each parcel is 6m (19.7 ft.).
(5)
Density
(a)
Maximum number of principal buildings: one single unit dwelling, one duplex
dwelling or one multiple unit dwelling;
(b)
Maximum floor space ratio for a parcel containing only a single dwelling unit is
0.5;
(c)
Maximum floor space ratio for a parcel containing two dwelling units is 0.6;
(d)
Maximum floor space ratio for a parcel containing three dwelling units is 1.0;
(e)
Maximum floor space ratio for a parcel containing four or more dwelling units is
2.0;
(f)
A parcel with a multiple unit dwelling must not contain more than six principal
dwelling units, except:
(i)
where a housing agreement is established under Section 483 of the Local
Government Act designating at least 25% of the units as affordable
housing using criteria based on the Kimberley Housing Needs
Assessment; and
(ii)
where a housing agreement is established, a multiple unit building must
not contain more than ten dwelling units;
46
(g)
A parcel containing a principal dwelling unit must not contain more than one
secondary suite and one accessory dwelling unit.
(6)
Siting
(a)
No person shall site a principal building which has:
(i) a front yard less than 2m (6.6 ft.);
(ii) a rear yard less than 2m (6.6 ft);
(iii) a side yard less than 2.5 m (8.2 ft.);
(b)
Side yard requirements do not apply to the parcel line along which a common
wall is located;
(c)
No person shall site an accessory building or structure which has:
(i) a front yard less than 1.5m (5 ft.);
(ii) a rear yard less than 1.5 m (5 ft.);
(iii) a side yard less than 2.5 m (8.2 ft.);
(d)
Accessory dwelling units must not be sited on a separate parcel from the
principal building.
(7)
Size and Dimensions of Buildings and Structures
(a)
Maximum site coverage for a parcel containing:
(i) one dwelling unit is 0.4;
(ii) two dwelling units is 0.5;
(iii) three dwelling units is 0.60;
(iv) four or more dwelling units is 0.65;
(b)
Maximum height of a single unit dwelling or duplex dwelling: 7.6m (25 ft.);
(c)
Maximum height of a multiple unit dwelling: 10.7m (35ft.);
(d)
Maximum height of an accessory building or structure containing an accessory
dwelling unit: 6m (19.7 ft.);
(e)
Maximum height of an accessory building or structure which does not contain
an accessory dwelling unit: 4.5m (15 ft.).
(8)
Design Regulations
(a)
A minimum of 20% of the total surface area of a parcel, excluding patios,
decks, driveways, and parking areas, must be landscaped and maintained in a
permeable state;
(b)
Each dwelling unit must have a minimum outdoor amenity area of 3.0 m2;
(c)
Where outdoor amenity area is provided as common space, the outdoor
amenity area must:
(i) be available to all residents of the development;
(ii) not be less than 3 m2 per dwelling unit.
(9)
Other Regulations
(a)
A single unit dwelling may be used for tourist accommodation of not more than
eight guests when not occupied for residential use.
(b)
A secondary suite located within a single unit dwelling may be used for tourist
accommodation of not more than four guests.
(c)
All persons carrying out a use permitted in the RRSTA zone must comply with
the relevant provisions of Sections 4 (General Regulations), 5 (Parcel Area
Requirements) and 6 (Parking and Loading Regulations) of this Bylaw.
(Bylaw 2765 Amnd 39)
47
RESORT RESIDENTIAL MULTIPLE ONE ZONE: RRM-1
7.13
(1)
Intent
The intent of this zone is to provide a medium density multiple residential
development on the Kimberley Alpine Resort Lands.
(2)
Permitted Principal Uses
Within the RRM-1 zone, the following uses only are permitted:
(a)
duplex dwelling;
(b)
townhouse.
(3)
Permitted Accessory Uses
(a)
buildings and structures accessory to a permitted use;
(b)
home based business.
(4)
Parcel Area and Dimensions
(a)
The minimum required parcel area and usable site area are as follows:
TYPE OF DWELLING
MINIMUM PARCEL AREA
PER DWELLING UNIT
MINIMUM USABLE SITE
AREA PER DWELLING
UNIT
Duplex dwelling
400 square metres
350 square metres
townhouse unit
275 square metres
175 square metres
(b)
The minimum permitted front parcel line is 20 metres.
(5)
Density
(a)
The maximum permitted floor space ratio of 0.35.
(b)
The maximum permitted gross floor area of a duplex dwelling is 500
square metres or a floor space ratio of 0.35, whichever figure is lower.
(6)
Siting
(a)
The siting for fee simple and bare land strata lots is as follows:
i)
The minimum permitted front yard is 7.6 metres;
ii)
The minimum permitted rear yard is 7.6 metres;
iii)
The minimum permitted side yard is 3.0 metres.
48
(b)
Where there are two or more buildings on one parcel:
i)
The minimum separation between buildings is 6 metres;
ii)
The minimum permitted distance between a building and a parcel
line is 7.6 metres.
(c)
No person shall site an accessory building in the RRM-1 zone which has:
i)
a front yard less than 6.0 metres;
ii)
a rear yard less than 3.0 metres;
iii)
a side yard less than 3.0 metres.
(7)
Size and Dimensions of Building and Structures
(a)
No person shall construct or permit construction of a dwelling unit in the
RRM-1 zone which has a gross floor area less than the minimum
standards set forth in the current edition of the B.C. Building Code, as
amended from time to time.
(b)
No person shall construct or permit construction of a principal building in
the in the RRM-1 zone which exceeds a height of 10.7 metres.
(c)
No person shall construct or permit construction of an accessory building
or structure in the in the RRM-1 zone which exceeds a height of 4.5 m (15
ft.).
(d)
The site coverage shall not exceed 0.35.
(8)
Other Regulations
(a)
A secondary suite is prohibited.
(b)
All persons carrying out a use permitted in the RRM-1 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(Amnd 38 Bylaw 2720)
49
RESIDENTIAL TOURIST ACCOMMODATION THREE ZONE: RTA-3
7.16
(1)
Intent
The intent of this zone is to provide a medium density multiple residential
development which are also available for tourist accommodation on the
Kimberley Alpine Resort Lands.
(2)
Permitted Principal Uses
Within the RTA-3 zone, the following uses only are permitted:
(a)
townhouse.
Despite any other provision of this Bylaw, townhouses in the RTA-3 zone may be
used for tourist accommodation when such dwellings are not occupied for
residential use.
(3)
Permitted Accessory Uses
(a)
buildings and structures accessory to a permitted use;
(b)
secondary suite;
(c)
home based business.
(4)
Dimensions
The minimum permitted front parcel line is 20 metres.
(5)
Density
The maximum permitted floor space ratio of 0.35.
(6)
Siting
The siting for all buildings and structures is as follows:
(a)
The minimum permitted front yard is 10 metres;
(b)
The minimum permitted rear and side yard is 7.6 metres;
(c)
The minimum separation between buildings is 6 metres.
(7)
Size and Dimensions of Building and Structures
(a)
No person shall construct or permit construction of a dwelling unit in the
RTA-3 zone which has a gross floor area less than the minimum
standards set forth in the current edition of the B.C. Building Code, as
amended from time to time.
50
(b)
No person shall construct or permit construction of a principal building in
the in the RTA-3 zone which exceeds a height of 10.7 metres.
(c)
No person shall construct or permit construction of an accessory building
or structure in the RTA-3 zone which exceeds a height of 4.5 m (15 ft.).
(d)
The site coverage shall not exceed 0.35.
(8)
Other Regulations
(a)
A maximum of one secondary suite is permitted for each 40 dwelling units
up to a maximum of 2 secondary suites.
(b)
A secondary suite shall contain a gross floor area no greater than 75
square metres and no less than 35 square metres.
(c)
A secondary suite shall not be used for tourist accommodation.
(d)
All persons carrying out a use permitted in the RTA-3 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(Amnd 38 Bylaw 2720)
51
RESIDENTIAL TOURIST ACCOMMODATION FOUR ZONE: RTA-4
7.17
(1)
Intent
The intent of this zone is to provide a medium density multiple residential
development which are also available for tourist accommodation on the
Kimberley Alpine Resort Lands.
(2)
Permitted Principal Uses
Within the RTA-4 zone, the following uses only are permitted:
(a)
townhouse;
(b)
apartment
(c)
resort hotel. (Amnd 37 Bylaw 2712)
Despite any other provision of this Bylaw, townhouses or apartments in the RTA-
4 zone may be used for tourist accommodation when such dwellings are not
occupied for residential use.
(3)
Permitted Accessory Uses
(a)
buildings and structures accessory to a permitted use;
(b)
secondary suite;
(c)
home based business;
(d)
locked-off lodge room. (Amnd 2 Bylaw 2029)
(4)
Dimensions
The minimum permitted front parcel line is 20 metres.
(5)
Density
The maximum permitted floor space ratio of 0.50 (Amnd 2 Bylaw 2029).
(6)
Siting
The siting for all buildings and structures is as follows:
(a)
The minimum permitted front yard is 10 metres;
(b)
The minimum permitted rear and side yard is 7.6 metres.
(c)
The minimum separation between buildings is 6 metres.
52
(7)
Size and Dimensions of Building and Structures
(a)
No person shall construct or permit construction of a dwelling unit in the
RTA-4 zone which has a gross floor area less than the minimum
standards set forth in the current edition of the B.C. Building Code, as
amended from time to time.
(b)
No person shall construct or permit construction of a principal building in
the in the RTA-4 zone which exceeds a height of 10.7 metres.
(c)
No person shall construct or permit construction of an accessory building
or structure in the in the RTA-4 zone which exceeds a height of 4.5 m (15
ft.).
(d)
The site coverage shall not exceed 0.40.
(8)
Other Regulations
(a)
Despite any other provision of this Bylaw, a locked-off lodge room is
specifically permitted in the RTA-4 zone, and may be occupied or used for
temporary accommodation separately and independently from the
remainder of the dwelling unit within which it is contained. (Amnd 2 Bylaw
2029)
(b)
A maximum of one secondary suite is permitted for each 40 dwelling units
up to a maximum of 2 secondary suites.
(c)
A secondary suite shall contain a gross floor area no greater than 75
square metres and no less than 35 square metres.
(d)
A secondary suite shall not be used for tourist accommodation.
(e)
All persons carrying out a use permitted in the RTA-4 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(Amnd 38 Bylaw 2720)
53
RESIDENTIAL TOURIST ACCOMMODATION SIX ZONE: RTA-6 ZONE
7.18A
(1)
Intent
The intent of this zone is to provide multiple residential development which is
also available for tourist accommodation.
(2)
Permitted Principal Uses
Within the RTA-6 zone the following uses are permitted:
(a) townhouse;
(b) apartment.
Despite any other provision of this Bylaw, townhouses or apartments in the
RTA-6 zone may be used for tourist accommodation when such dwellings are
not occupied for residential use.
(3)
Permitted Accessory Uses
(a) accessory buildings and uses.
(4)
Dimensions
(a) The minimum permitted parcel area is 8320 square metres.
(5)
Density
(a) The maximum permitted floor space ratio is 0.84. (Amnd 18 Bylaw 2221)
(b) The maximum number of units permitted is thirty-seven (37). (Amnd 16
Bylaw 2199; Amnd 18 Bylaw 2221)
(6)
Siting
(a) The minimum permitted front, rear and side yard setback is 7 metres.
(b) The minimum separation between buildings is 6 metres.
(7)
Size and Dimensions of Buildings and Structures
(a) No person shall construct or permit construction of a principal building in
the RTA-6 zone which exceeds a height of 12 metres and 3 storeys.
54
(b) No person shall construct an accessory building or structure in the RTA-6
zone which exceeds a height of 4.5 metres.
(c) Site coverage shall not exceed 35 percent.
(8)
Other Regulations
(a) A minimum of 40 percent (40%) of the off-street parking shall be fully
enclosed.
(b) An accessory amenity area shall contain a gross floor area no greater than
332 square metres. (Bylaw 2221 Amnd 18)
(c) All persons carrying out a permitted use in the RTA-6 zone shall comply to
the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(Bylaw 2185 Amnd 15; Bylaw 2720 Amnd 38)
55
RESIDENTIAL TOURIST ACCOMMODATION SEVEN ZONE: RTA-7
7.18B
(1)
Intent
The intent of this zone is to provide a residential development which is
also available for tourist accommodation on the Kimberley Alpine Resort
Lands.
(2)
Permitted Principal Uses
Within the RTA-7 zone, the following uses only are permitted:
(a)
single unit dwelling;
(b)
duplex dwelling;
(c)
townhouse;
(d)
park and playground;
(e)
Despite any other provision of this Bylaw, single unit dwelling,
duplex dwelling, and townhouses in the RTA-7 zone may be
used for tourist accommodation when such dwellings are not
occupied for residential use.
(3)
Permitted Accessory Uses
(a)
buildings and structures accessory to a permitted use;
(b)
home based business;
(c)
indoor and outdoor recreation;
(d)
secondary suites contained within a single unit dwelling.
(4)
Density
(a)
The maximum permitted floor space ratio of 0.35;
(b)
The maximum gross floor area of a single unit dwelling is 300
square metres;
(c)
The maximum gross floor area of a duplex dwelling is 450 square
metres;
(d)
The maximum gross floor area of a townhouse dwelling unit is 200
square metres.
(5)
Site Coverage
The maximum permitted site coverage is 35 percent.
56
(6)
Siting
The siting for all buildings and structures is as follows:
(a)
The minimum permitted front yard is 6 metres;
(b)
The minimum permitted rear yard is 5 metres;
(c)
The minimum permitted side yard is 3 metres;
(d)
The minimum separation between buildings is 6 metres.
(7)
Size and Dimensions of Building and Structures
(a)
No person shall construct or permit construction of a dwelling unit in
the RTA-7 zone which has a gross floor area less than the
minimum standards set forth in the current edition of the B.C.
Building Code, as amended from time to time;
(b)
No person shall construct or permit construction of a single unit
dwelling or duplex in the in the RTA-7 zone which exceeds a height
of 7.6 metres;
(c)
No person shall construct or permit construction of a townhouse in
the in the RTA-7 zone which exceeds a height of 10.7 metres;
(d)
No person shall construct or permit construction of an accessory
building or structure in the RTA-7 zone which exceeds a height of
4.5 m (15 ft.).
(8)
Other Regulations
(a)
A secondary suite shall contain a gross floor area no greater than
75 square metres and no less than 35 square metres;
(b)
In no case shall the gross floor area of a secondary suite exceed 35
percent of the gross floor area of a single unit dwelling;
(c)
A secondary suite may be used for tourist accommodation; (Bylaw
2291 Amnd 28)
(d)
All persons carrying out a use permitted in the RTA-7 zone shall
comply with the relevant provisions of Sections 4 (General
Regulations), 5 (Parcel Area Requirements) and 6 (Parking and
Loading Regulations) of this Bylaw.
(Bylaw 2268 Amnd 25; Bylaw 2720 Amnd 38)
57
RESIDENTIAL TOURIST ACCOMMODATION NINE ZONE: RTA-9
7.18D
(1)
Intent
The intent of this zone is to provide a medium density multiple residential
development which is also available for tourist accommodation on the
Timberstone Development Lands situated at the Kimberley Alpine Resort
Lands.
(2)
Permitted Principal Uses
Within the RTA-9 zone, the following uses only are permitted:
(a)
townhouse;
(b)
apartment;
(c)
park.
Despite any other provision of this Bylaw, townhouses or apartments in
the RTA-9 zone may be used for tourist accommodation when such
dwellings are not occupied for residential use.
(3)
Permitted Accessory Uses
(a)
accessory commercial use;
(b)
buildings and structures accessory to a permitted use;
(c)
home based business;
(d)
locked-off lodge room.
(4)
Dimensions
The minimum permitted front parcel line is 20 metres.
(5)
Density
The maximum permitted gross floor area of all buildings shall not exceed
13,250 square metres provided that the floor area designed, intended or
used for all residential and/or tourist accommodation uses shall not
exceed 13,000 square metres; and the floor area designed, intended or
used for all accessory commercial uses shall not exceed 250 square
metres.
58
(6)
Siting
The siting for all buildings and structures is as follows:
(a)
The minimum permitted front yard is 10 metres;
(b)
The minimum permitted rear and side yard is 7.6 metres;
(c)
The minimum separation between buildings is 6 metres.
(7)
Size and Dimensions of Building and Structures
(a)
No person shall construct or permit construction of a dwelling unit in
the RTA-9 zone which has a gross floor area less than the
minimum standards set forth in the current edition of the B.C.
Building Code, as amended from time to time.
(b)
No person shall construct or permit construction of a principal
building in the RTA-9 zone which exceeds a height of 10.7 metres.
(c)
No person shall construct or permit construction of an accessory
building or structure in the RTA-9 zone which exceeds a height of
4.5 metres (15 ft.).
(d)
The site coverage shall not exceed 0.40.
(8)
Other Regulations
(a)
All persons carrying out a use permitted in the RTA-9 zone shall
comply with the relevant provisions of Sections 4 (General
Regulations), 5 (Parcel Area Requirements) and 6 (Parking and
Loading Regulations) of this Bylaw.
(b)
The parking requirements for commercial uses shall be applied to
determine required parking spaces for accessory commercial
uses."
(Bylaw 2298 Amnd 29; Bylaw 2720 Amnd 38)
59
ALPINE VILLAGE PARKING ZONE: AVP-1
7.19
(1)
Intent
The intent of this zone is to provide for day skier and commercial parking use for
the Kimberley Alpine Resort.
(2)
Permitted Principal Uses
Within the AVP-1 zone, the following uses only are permitted:
Parking uses.
(3)
Permitted Accessory Uses
buildings and structures accessory to a permitted use.
(4)
Other Regulations:
(a)
No building or structure shall be constructed, erected or placed or
maintained on any parcel, except buildings or structures accessory to
surface parking, and in no case shall such an accessory building or
structure exceed 3 metres in height, or exceed 50 metres in floor area.
60
HOSTEL ONE ZONE: H-1
7.20
(1)
Intent
The intent of this zone is to provide for hostel use on the Kimberley Alpine Resort
Lands.
(2)
Permitted Principal Uses:
Within the H-1 zone, the following uses only are permitted:
(a)
hostel;
(b)
playground;
(3)
Permitted Accessory Uses
(a)
buildings and structures accessory to a permitted use;
(b)
secondary suite provided it is contained in the principal building and
occupied by the hostel operator;
(4)
Parcel Area and Dimensions
The minimum permitted parcel area for hostel use is 1500 square metres.
Minimum parcel frontage is one tenth (1/10) of parcel
(5)
Density
The minimum permitted gross floor area of a hostel is 200 square metres.
The maximum gross floor area of a hostel is 500 square metres or a floor space
ratio of 0.35 whichever is less.
(6)
Siting
(a)
The minimum permitted front yard is 10 metres;
(b)
The minimum permitted side yard is 10 metres;
(c)
The minimum permitted rear yard is 10 metres.
(7)
Size and Dimensions of Buildings and Structures
(a)
No person shall construct or permit construction of a principal building in
the H-1 zone which exceeds a height of 10.7 metres.
(b)
No person shall construct or permit construction of an accessory building
or structure in the H-1 zone which exceeds a height of 4.5 metres above
finished grade.
(c)
Site coverage shall not exceed 0.35.
61
(8)
Other Regulations
(a)
A minimum of 50 percent of the gross floor area used for sleeping
accommodation in a hostel shall be provided in one or more dormitories.
(b)
The maximum permitted floor area to be used for sleeping
accommodation is not to exceed 60 percent of the total floor area of the
hostel.
(c)
The minimum permitted floor area in a sleeping unit, bedroom or dormitory
is 5.0 square metres per bed.
(d)
A secondary suite shall contain a gross floor area no greater than 75
square metres and no less than 35 square metres.
(e)
A secondary suite shall not be used for tourist accommodation.
(f)
All persons carrying out a use permitted in the H-1 zone shall comply with
the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw.
(Amnd 38 Bylaw 2720)
62
TOURIST PENSION ONE ZONE: TP-1
7.21
(1)
Intent
The intent of this zone is to provide for pension use on the Kimberley Alpine
Resort Lands.
(2) Permitted Principal Uses
Within the TP-1 Zone, the following use only is permitted:
(a)
pension.
(3)
Permitted Accessory Uses
(a)
buildings and structures accessory to a permitted use;
(b)
secondary suite provided it is contained within the principal building and
occupied by the pension operator.
(4)
Parcel Area and Dimensions
MINIMUM PERMITTED PARCEL AREA
MAXIMUM NUMBER
OF GUEST ROOMS
930 square metres
4
960 square metres
5
990 square metres
6
1120 square metres
7
1150 square metres
8
1180 square metres
9
1210 square metres
10
1240 square metres
11
1270 square metres
12
63
(5)
Density
(a)
The maximum gross floor area is 465 square metres or a floor space ratio
of 0.35, whichever figure is lower.
(b)
The maximum permitted floor area for accessory parking use contained in
a principal or accessory building or structure is 70 square metres.
(c)
No person shall construct or permit construction of more than one (1)
pension on a parcel or strata lot in the TP-1 Zone.
(6)
Siting
(a)
No person shall site a principal building in the TP-1 Zone which has:
(i)
a front yard less than 7.6 metres;
(ii)
a side yard less than 6 metres;
(iii)
a rear yard less than 7.6 metres.
No person shall site an accessory building or structure in the TP-1 Zone which
has:
(i)
a front yard less than 6.0 metres;
(ii)
a rear yard less than 3.0 metres;
(iii)
a side yard less than 3.0 metres.
(7)
Size and Dimensions of Building or Structures
(a)
No person shall construct or permit construction of a dwelling unit in the
TP-1 zone which has a gross floor area less than the minimum standards
set forth in the current edition of the B.C. Building Code, as amended from
time to time.
(b)
No person shall construct or permit construction of a principal building in
the TP-1 zone which exceeds a height of 10.7 metres.
(c)
No person shall construct or permit construction of an accessory building
or structure in the in the TP-1 zone which exceeds a height of 4.5 m (15
ft.).
(d)
The site coverage shall not exceed 0.35.
(e)
The minimum permitted usable site area of a parcel is 85 percent of the
total parcel area.
64
(8)
Other Regulations
(a)
A maximum of twelve guest rooms is permitted in a pension.
(b)
The minimum permitted gross floor area for any guest room is 10 square
metres.
(c)
The maximum permitted gross floor area for any guest room is 30 square
metres.
(d)
A pension shall not serve food and/or liquor other than for registered
transient guests of the pension.
(e)
The maximum permitted gross floor area for an accessory building is 65
square metres.
(f)
A secondary suite shall contain a gross floor area no greater than 75
square metres and no less than 35 square metres.
(g)
In no case shall the gross floor area of a secondary suite exceed 35
percent of the gross floor area of a pension.
(h)
secondary suite units shall not be used for tourist accommodation.
(i)
All persons carrying out a use permitted in the TP-1 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw. (Amnd 38 Bylaw 2720)
65
TOURIST PENSION TWO ZONE: TP-2
7.22
(1)
Intent
The intent of this zone is to provide for a higher density pension use adjacent to
the Kimberley Alpine Village.
(2) Permitted Principal Uses
Within the TP-2 Zone, the following use only is permitted:
(a)
pension.
(3)
Permitted Accessory Uses
(a)
buildings and structures accessory to a permitted use;
(b)
secondary suite provided it is contained within the principal building and
occupied by the pension operator.
(4)
Parcel Area and Dimensions
(a)
The minimum permitted parcel area is 900 square metres.
(5)
Density
(a)
The maximum gross floor area is 600 square metres or a floor space ratio
of 0.45, whichever figure is lower;
(b)
The maximum permitted floor area for accessory parking use contained in
a principal or accessory building or structure is 70 square metres.
(c)
No person shall construct or permit construction of more than one (1)
pension on a parcel or strata lot in the TP-2 zone.
(6)
Siting
(a)
No person shall site a principal building in the TP-2 zone which has:
i)
a front yard less than 10 metres;
ii)
a side yard less than 6 metres;
iii)
a rear yard less than 7.6 metres.
(b)
No person shall site an accessory building or structure in the TP-2 zone
which has:
i)
a front yard less than 6.0 metres;
ii)
a rear or side yard less than 3.0 metres.
66
(7)
Size and Dimensions of Buildings or Structures
(a)
No person shall construct or permit construction of a dwelling unit in the TP-2
zone which has a gross floor area less than the minimum standards set forth
in the current edition of the B.C. Building Code, as amended from time to
time.
(b)
No person shall construct or permit construction of a principal building in the
TP-2 zone which exceeds a height of 10.7 metres.
(c)
No person shall construct or permit construction of an accessory building or
structure in the in the TP-2 zone which exceeds a height of 4.5 m (15 ft.).
(d)
The site coverage shall not exceed 0.35.
(e)
The minimum permitted usable site area of a parcel is 85 percent of the total
parcel area.
(8)
Other Regulations
(a)
A maximum of twelve guest rooms is permitted in a pension.
(b)
The minimum permitted gross floor area for any guest room is 10 square
metres.
(c)
The maximum permitted gross floor area for any guest room is 30 square
metres.
(d)
A pension shall not serve food and/or liquor other than for registered transient
guests of the pension.
(e)
The maximum permitted gross floor area for an accessory building is 65
square metres.
(f)
A secondary suite shall contain a gross floor area no greater than 75 square
metres and no less than 35 square metres.
(g)
In no case shall the gross floor area of a secondary suite exceed 35 percent
of the gross floor area of a pension.
(h)
Secondary suite units shall not be used for tourist accommodation.
(i)
All persons carrying out a use permitted in the TP-2 zone shall comply with
the relevant provisions of Sections 4 (General Regulations), 5 (Parcel Area
Requirements) and 6 (Parking and Loading Regulations) of this Bylaw.
67
TOURIST BED AND BREAKFAST ONE ZONE: TB-1
7.23
(1)
Intent
The intent of this zone is to provide for bed and breakfast use on the Kimberley
Alpine Resort Lands.
(2)
Permitted Principal Uses
Within the TB-1 Zone, the following use only is permitted:
(a)
bed and breakfast.
(3)
Permitted Accessory Uses
(a)
buildings and structures accessory to a permitted use;
(b)
secondary suite provided it is contained within the principal building and
occupied by the bed and breakfast operator.
(4)
Parcel Area and Dimensions
(a)
The minimum parcel area is 650 square metres.
(b)
The minimum usable site area is 465 square metres.
(c)
The minimum frontage is 18 metres.
(5)
Density
(a)
The maximum gross floor area is 325 square metres or a floor space ratio
of 0.35, whichever figure is lower.
(b)
The maximum permitted floor area for accessory parking use contained in
the a principal or accessory building or structure is 70 square metres.
(c)
No person shall construct or permit construction of more than one (1) bed
and breakfast on a parcel or strata lot in the TB-1 Zone.
(6)
Siting
(a)
No person shall site a principal building in the TB-1 Zone which has:
(i) a front yard less than 7.6 metres;
(ii) a rear yard less than 7.6 metres;
(iii)
a side yard less than 3 metres.
68
(b)
No person shall site an accessory building or structure in the TB-1 Zone
which has:
(i)
a front yard less than 6.0 metres;
(ii)
a rear yard less than 3.0 metres;
(iii)
a side yard less than 3.0 metres.
(7)
Size and Dimensions of Building or Structures
(a)
No person shall construct or permit construction of a dwelling unit in the
TB-1 zone which has a gross floor area less than the minimum standards
set forth in the current edition of the B.C. Building Code, as amended from
time to time.
(b)
No person shall construct or permit construction of a principal building in
the in the TB-1 zone which exceeds a height of 7.6 metres.
(c)
No person shall construct or permit construction of an accessory building
or structure in the in the TB-1 zone which exceeds a height of 4.5 m (15
ft.).
(d)
The site coverage shall not exceed 0.35.
(8)
Other Regulations
(a)
A maximum of four (bylaw 2043) guest rooms is permitted in a bed and
breakfast.
(b)
The minimum permitted gross floor area for any guest room is 10 square
metres.
(c)
The maximum permitted gross floor area for any guest room is 30 square
metres.
(d)
A bed and breakfast shall not serve food and/or liquor other than for
registered transient guests of the bed and breakfast.
(e)
The maximum permitted gross floor area for an accessory building is 65
square metres.
(f)
A secondary suite shall contain a gross floor area no greater than 75
square metres and no less than 35 square metres.
(g)
In no case shall the gross floor area of a secondary suite exceed 35
percent of the gross floor area of a single unit dwelling.
69
(h)
Secondary suites shall not be used for tourist accommodation.
(i)
All persons carrying out a use permitted in the TB-1 zone shall comply
with the relevant provisions of Sections 4 (General Regulations), 5 (Parcel
Area Requirements) and 6 (Parking and Loading Regulations) of this
Bylaw. (Amnd 38 Bylaw 2720)
70
CONFERENCE RECREATION ONE ZONE: CR-1
7.24
(1)
Intent
The intent of this zone is to provide for a conference and recreational facility in
the Kimberley Alpine Village.
(2)
Permitted Principal Uses
Within the CR-1 zone, the following uses only are permitted:
(a)
conference use; (Amnd 32 2363)
(b)
indoor and outdoor recreational facilities;
(c)
rental, outdoor equipment and supplies;
(d)
restaurant;
(e)
retail;
(f)
playground.
(3)
Permitted Accessory Uses
Accessory uses to a permitted use.
(4)
Density
The gross floor area of all buildings and structures on a parcel shall not exceed
6080 square metres.
(5)
Height
The maximum permitted height is 10.7 metres.
Other Regulations
All persons carrying out a use permitted in the CR-1 zone shall comply with the
relevant provisions of Sections 4 (General Regulations), 5 (Parcel Area
Requirements) and 6 (Parking and Loading Regulations) of this Bylaw.
71
LEISURE PARK ONE ZONE: LP-1
7.25
(1)
Intent
The intent of this zone is to provide park area for recreational use and enjoyment
of the general public on the Kimberley Alpine Resort Lands.
(2)
Permitted Principal Uses:
(a)
outdoor recreation;
(b)
playground.
(3)
Permitted Accessory Uses:
buildings and structures accessory to a permitted use.
(4)
Other Regulations:
All persons carrying out a use permitted in the LP-1 zone shall comply with the
relevant provisions of Sections 4 (General Regulations), 5 (Parcel Area
Requirements) and 6 (Parking and Loading Regulations) of this Bylaw.
72
LEISURE RECREATION ONE ZONE: LR-1
7.26
(1)
Intent
The intent of this zone is to provide for a golf course and related uses on the
Kimberley Alpine Resort lands.
(2)
Permitted Principal Uses:
Within the LR-1 zone, the following uses only are permitted:
(a)
golf course;
(b)
driving range;
(c)
cross country skiing.
(3)
Permitted Accessory Uses:
Accessory uses to a permitted use.
(4)
Density
(a)
The only buildings permitted on a parcel are buildings accessory to a
recreational use.
(b)
The maximum permitted aggregate gross floor area of all accessory
buildings on a parcel shall not exceed 2,000 square metres.
(5)
Height
The maximum permitted height of accessory buildings shall not exceed 2 storeys
or 12 metres, whichever is less.
(6)
Parcel Area
The minimum parcel area of any parcel created by subdivision is 75 hectares.
(7)
Siting
The minimum permitted building setback is 20 metres from all exterior parcel
boundaries.
(8)
Off-Street Parking and Loading
Off-street parking and loading shall be provided and maintained in accordance
with the regulations contained in Section 6 of this Bylaw.
73
SECTION 8 ADOPTION
EFFECTIVE DATE OF BYLAW
8.01
This Bylaw shall come into force and effect on the date of passage by the
municipal Council of the City of Kimberley.
"J.E. OGILVIE"
MAYOR
"G. STRATTON"
CLERK
Read a first time on the 26th day of April, 1999
Received a Public Hearing on the 10th day of May, 1999
Amended on the 10th day of May, 1999
Read a second and third time as amended on the 10th day of May, 1999
Adopted as amended on the 10th day of May, 1999.