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Town of Ladysmith
ZONING BYLAW 2014, NO.1860
SCHEDULE A - ZONING BYLAW TEXT
Consolidated Version as on August 7, 2025
(This consolidation is authorized by "Bylaw Revision Bylaw 2022, No. 2090")
________
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be
consulted for all interpretations and applications of the bylaws of this subject
The amendment bylaws which are included in this consolidated version of Schedule A - Zoning Bylaw
Text of "Town of Ladysmith Zoning Bylaw 2014, No. 1860" are:
1881
1944
1978
2040
2091
2135
2194
1897
1951
1983
2049
2099
2113
2169
1904
1953
1985
2061
2100
2138
2171
1912
1955
1995
2063
2103
2140
2187
1914
1961
1990
2066
2114
2146
2213
1917
1962
2012
2069
2129
2107
1921
1963
2020
2076
2132
2150
1938
1966
2021
2078
2064
2163
1939
1976
2029
2088
2124
2186
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
Zoning Bylaw No. 1860 (2014)
Amendments
BYLAW
#
ADDRESS
DESCRIPTION
TYPE
DATE OF
ADOPTION
1875
1
606 Farrell Rd
Max 15 residential
units
Text
April 27, 2015
(Repealed by
1881)
1881
2
606 Farrell Rd
Max 15 units,
townhouse and 2-
unit dwellings only
Text
June 22, 2015
1897
3
934 & 940 Esplanade
Add "Motor Vehicle
Sales" and conditions
Text
Dec. 21, 2015
1904
4
General
Housekeeping
Text &
Map
June 20, 2016
Consolidated
1912
5
Holland Creek area
Add R-1-HCA zone
To R-1-HCA, R-3-A, P-
2, P-3
Text &
Map
June 27, 2017
1914
6
520 Jim Cram Drive
To R-1-B
Map
Sept. 19, 2016
1917
7
630 Farrell Rd
To R-1
Map
June 27, 2017
1921
8
General
Marihuana retail
sales
Text
Mar. 6, 2017
Consolidated
1938
9
1132,1134, 1138, 1140 &
1142 Rocky Creek Rd
To I-1
Map
Dec. 4, 2017
1939
10
R-1-B zones
Holland Creek Area
Edit to R-1-B zone
Edit to R-1-HCA for
parcel coverage
Text
Dec. 11, 2017
1944
11
618 Farrell Rd
To R-1
Map
Sept. 17, 2018
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
1951
12
The Jewel
WAP Town owned
parcel to R-3 and
definitions
Text &
Map
June 4, 2018
1953
13
11&17 Kitchener St.
To C-2
Map
May 7, 2018
1955
14
1240 Fourth Ave.
To R-1-B
Map
Jan. 21, 2019
1961
15
1251 Rocky Creek Rd.
(OBMG)
Definitions, C-4 zone
edits, I-1 zone edits,
zoning map
adjustments
Map &
Text
June 25, 2018
1962
16
1280 Rocky Creek Rd.
Marshalling yard
added as site specific
permitted use to I-1
zone
Text
June 25, 2018
1963
17
431 First Ave.
Amendments to C-2
zone
Text
June 25, 2018
1966
18
900 Russell Rd.
To R-1-A and P-2
Map
Oct. 15, 2018
1976
19
920 First Ave.
To C-2 (Thrift Store)
Map
Dec. 17, 2018
1978
20
General
Cannabis Micro-
Cultivation/Processin
g, R&D
Text
Dec. 3, 2018
1983
21
314 Buller St.
Definition, CD-5 zone
Text &
Map
March 18, 2019
1985
22
General
Housekeeping
Text &
Map
March 18, 2019
Consolidated
1995
23
379 Davis Rd.
C-5 to R-1
Text &
Map
May 6, 2019
1990
24
422 First Ave.
Amends C-2 Zone
Text
July 15, 2019
2012
25
Machine Shop
Arts & Heritage Hub
Amends CD-4 Zone
Text
July 8, 2019
2020
28
336 Belaire St.
New CD-6 Zone
Text &
Map
January 7, 2020
2021
29
General
Cannabis Retail
Text
January 7, 2020
2040
31
1148 Rocky Creek Rd
Cannabis Cultivation
and Cannabis
Processing
Text
August 18,
2020
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
Consolidated - March 15, 2021
2029
30
202/204 Dogwood
Amends C-1 Zone
Text
March 31,
2020
2066
36
336 Belaire St.
Amends CD-6 Zone
Text
May 18, 2021
2063
34
201/203 Dogwood
New R-4 zone
Text &
Map
June 1, 2021
2049
31*
Filming exceptions
Film Policies
Text
July 20, 2021
2078
40
General
Adds (existing) "Single
Unit Dwellings" to C-
2, C-4 and R-3
Text
Aug 3, 2021
2061
33
670 Farrell Rd
To P-2, R-1 and R-3-A
Text &
Map
Sept 21, 2021
2064
35
630 Farrell Road
Adds "Two-Unit
Dwellings"
Text
Sept 21, 2021
2091
45
431 1st Ave
Increase to FSR
Text
Dec 7, 2021
2076
38
631 1st Ave
Adds "Emergency
Shelter"
Text
Feb 15, 2022
2088
44
1260 Churchill Place
To R-1, R-1-C, R-3 and
P-3
Map
April 19, 2022
2114
50
606 & 626 Farrell Rd
Adds "Single Unit
Dwellings"
Text
Sept 6, 2022
2069
37
1130 Rocky Creek Road
CD-5 to C-5
Text &
Map
Sept 20, 2022
2103
47
1301 Rocky Creek Road
to CD-7
Text &
Map
Oct 4, 2022
2129
53
1152 Rocky Creek Road
To I-1 and adds
cannabis cultivation
and cannabis
processing site
specific uses
Text &
Map
March 7, 2023
2132
55
1144 Rocky Creek Road
Adds cannabis
cultivation and
cannabis processing
site specific uses
Text
March 7, 2023
2099
General
Removes minimum
finished floor area
from most zones
Text
March 21,
2023
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
2100
46
General
Coach House,
secondary suite,
accessory buildings
revisions
Text
March 21,
2023
Consolidated - May 29, 2023
2124
52
11 & 17 Warren Street
R-2-LW to R-3
Text &
Map
June 6, 2023
2135
57
1141 Cloke Road
Adds coach house as
a site specific use,
with site specific size
regulations
Text
June 6, 2023
Consolidated - June 7, 2023
2113
49
Lot B Russell Road
R-1 to R-1-A with site
specific setbacks
Text &
Map
June 20, 2023
2138
58
440 1st Avenue
(Island Hotel)
Site specific
regulations in C-2
Text
June 20, 2023
2140
59
General
to execute
consequential
amendments to the
zoning bylaw to
follow the adoption
of the new OCP
Text
July 4, 2023
Consolidated - July 17, 2023
2146
60
624 John Wilson Drive
Permit a secondary
suite
Text
August 1, 2023
2107
48
General, Lot 5 Holland
Creek Heights
R-1-C amendments,
site specific
amendments
Text &
Map
August 1, 2023
Consolidated - August 2, 2023
2150
62
19 Gatacre Street
Add Funeral Home as
a permitted Principal
Use
Text
December 19,
2023
2163
65
Downtown
Alignment with the
OCP
Text &
Map
January 23,
2024
2186
70
General
Small Scale Multi-
Unit Housing
implementation
Text &
Map
June 24, 2024
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
2187
General
B&B, tourist
accommodation,
access strips
Text
September 3,
2024
2194
71
General
Small scale multi-
unit housing
infrastructure
extensions
Text &
Map
October 15,
2024
2171
68
Holland Creek
Neighbourhood
Adding Holland
Creek Mixed-Use
Residential (CD-8)
zone
Text &
Map
December 17,
2024
2169
67
General
Backyard Poultry
Text
February 18,
2025
2213
72
General
Add B&B use to R-1-
A and C-1
Text
August 6, 2025
Consolidated - March 3, 2025
Consolidated - February X, 2026
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
TABLE OF CONTENTS
The amendment bylaws which are included in this consolidated version of Schedule A -
Zoning Bylaw Text of "Town of Ladysmith Zoning Bylaw 2014, No. 1860" are: .................................
1881..............................................................................................................................................................................
1944..............................................................................................................................................................................
1978..............................................................................................................................................................................
2040..............................................................................................................................................................................
2091..............................................................................................................................................................................
2135..............................................................................................................................................................................
2194..............................................................................................................................................................................
1897..............................................................................................................................................................................
1951..............................................................................................................................................................................
1983..............................................................................................................................................................................
2049..............................................................................................................................................................................
2099..............................................................................................................................................................................
2113..............................................................................................................................................................................
2169..............................................................................................................................................................................
1904..............................................................................................................................................................................
1953..............................................................................................................................................................................
1985..............................................................................................................................................................................
2061..............................................................................................................................................................................
2100..............................................................................................................................................................................
2138..............................................................................................................................................................................
2171..............................................................................................................................................................................
1912..............................................................................................................................................................................
1955..............................................................................................................................................................................
1995..............................................................................................................................................................................
2063..............................................................................................................................................................................
2103..............................................................................................................................................................................
2140..............................................................................................................................................................................
2187..............................................................................................................................................................................
1914..............................................................................................................................................................................
1961..............................................................................................................................................................................
1990..............................................................................................................................................................................
2066..............................................................................................................................................................................
2114..............................................................................................................................................................................
2146..............................................................................................................................................................................
2213..............................................................................................................................................................................
1917..............................................................................................................................................................................
1962..............................................................................................................................................................................
2012..............................................................................................................................................................................
2069..............................................................................................................................................................................
2129..............................................................................................................................................................................
2107..............................................................................................................................................................................
2222................................................................................................................ Error! Bookmark not defined.
1921..............................................................................................................................................................................
1963..............................................................................................................................................................................
2020..............................................................................................................................................................................
2076..............................................................................................................................................................................
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
2132..............................................................................................................................................................................
2150..............................................................................................................................................................................
1938..............................................................................................................................................................................
1966..............................................................................................................................................................................
2021..............................................................................................................................................................................
2078..............................................................................................................................................................................
2064..............................................................................................................................................................................
2163..............................................................................................................................................................................
1939..............................................................................................................................................................................
1976..............................................................................................................................................................................
2029..............................................................................................................................................................................
2088..............................................................................................................................................................................
2124..............................................................................................................................................................................
2186..............................................................................................................................................................................
PART 1:
TITLE ........................................................................................................................................................ 1
1.1.
Title ...................................................................................................................................................................1
PART 2:
APPLICATION AND COMPLIANCE ........................................................................................... 1
2.1.
Application ......................................................................................................................................................1
2.2.
Compliance .....................................................................................................................................................1
2.3.
Illustrations, Maps and Other Graphics ..................................................................................................1
PART 3:
ADMINISTRATION AND ENFORCEMENT ............................................................................ 1
3.1.
Inspection ........................................................................................................................................................1
3.2.
Severability .....................................................................................................................................................1
3.3.
Penalties ..........................................................................................................................................................1
PART 4:
DEFINITIONS ....................................................................................................................................... 2
4.1.
Interpretation.................................................................................................................................................2
PART 5:
GENERAL REGULATIONS........................................................................................................... 24
5.1.
General Application ................................................................................................................................... 24
5.2.
Number, Location and Siting of Buildings and Structures............................................................... 24
5.3.
Panhandle Parcels and Calculation of Minimum Parcel Size.......................................................... 25
5.4.
Solar Energy Devices ................................................................................................................................. 25
5.5.
Geothermal Energy Devices .................................................................................................................... 25
5.6.
Heat Pumps.................................................................................................................................................. 25
5.7.
Wind Energy Devices ................................................................................................................................. 26
5.8.
Setback and Parcel Coverage Exemptions........................................................................................... 26
5.9.
Accessory Buildings, Structures and Uses ........................................................................................... 27
5.10.
Temporary Buildings and Structures During Construction ............................................................. 28
5.11.
Temporary Uses.......................................................................................................................................... 28
5.12.
Height Calculation ...................................................................................................................................... 28
5.13.
Height Exemptions..................................................................................................................................... 30
5.14.
Floor Area Calculations and Exemptions ............................................................................................. 31
5.15.
Visibility At Intersections ......................................................................................................................... 32
5.16.
Storage Regulations................................................................................................................................... 32
5.17.
Commercial Vehicle, Trailer, Recreation Vehicle, Boat, or Equipment Parking or Storage .. 33
5.18.
Shipping Containers................................................................................................................................... 33
5.19.
Retaining Walls Regulations.................................................................................................................... 34
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
5.20.
Fence Regulations ...................................................................................................................................... 34
5.21.
Residential Community Care Facilities ................................................................................................. 35
5.22.
Single Unit Dwelling Horizontal Dimension ........................................................................................ 35
5.23.
Community Water and Community Sewer ......................................................................................... 35
5.24.
Small-Scale Multi-Unit Infrastructure Extensions ............................................................................. 35
PART 6:
SPECIFIC USE REGULATIONS .................................................................................................. 36
6.1.
Uses Permitted In All Zones .................................................................................................................... 36
6.2.
Buildings and Structures Permitted In All Zones ............................................................................... 36
6.3.
Uses Prohibited In All Zones.................................................................................................................... 37
6.4.
Secondary Suite Regulations................................................................................................................... 37
6.5.
Coach House Regulations......................................................................................................................... 37
6.6.
Caretaker Dwelling Regulations ............................................................................................................. 38
6.7.
Bed And Breakfast Regulations .............................................................................................................. 38
6.8.
Home Based Business Regulations ........................................................................................................ 39
6.9.
Cottage Industry Regulations.................................................................................................................. 40
6.10.
Produce Stand Regulations...................................................................................................................... 40
6.11.
Keeping of Bees Regulations ................................................................................................................... 41
6.12.
Backyard Poultry.................................................................................................................................... 41
PART 7:
LANDSCAPING AND SCREENING REGULATIONS......................................................... 42
7.1.
Landscape Requirements ......................................................................................................................... 42
7.2.
Landscape Standards................................................................................................................................. 42
PART 8:
PARKING AND LOADING REGULATIONS ......................................................................... 46
8.1.
Application ................................................................................................................................................... 46
8.2.
Calculation, Location and Design of Off-Street Parking and Loading Spaces............................. 46
8.3
Calculation and Design of Off-Street Bicycle Parking Spaces ......................................................... 58
PART 9:
CREATION AND DEFINITION OF ZONES........................................................................... 62
9.1.
Creation of Zones ....................................................................................................................................... 62
9.2.
Definition Of Zones.................................................................................................................................... 63
9.3.
Zone Boundaries......................................................................................................................................... 63
PART 10: RESIDENTIAL ZONES ................................................................................................................... 64
10.1.
Rural Residential (RU-1) ........................................................................................................................... 64
10.2.
Single Dwelling Residential (R-1) ........................................................................................................... 66
10.3.
Single Dwelling Residential - Small Lot A Zone (R-1-A) ................................................................... 68
10.4.
OLD TOWN RESIDENTIAL (R-2) ............................................................................................................... 74
10.5.
Oyster Cove Residential Zone (R-2-B)................................................................................................... 77
10.6.
Residential D (R-2-D2) - Reserved for future use.............................................................................. 80
10.7.
Medium Density Residential (R-3)......................................................................................................... 81
10.8.
Low Density Residential (R-3-A) ............................................................................................................. 87
10.9.
Manufactured Home Park (MHP-1) ...................................................................................................... 92
10.10
MULTI-FAMILY MIXED USE (R-4) ....................................................................................................... 95
PART 11: COMMERCIAL ZONES................................................................................................................... 98
11.1.
Local Commercial (C-1) ............................................................................................................................. 98
11.2.
Downtown CoMMERCIAL (C-2) ........................................................................................................... 102
11.3.
Highway Service Commercial (C-3)..................................................................................................... 108
11.4.
Tourist Service Commercial (C-4) ........................................................................................................ 110
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
11.5.
Shopping Centre Commercial (C-5) .................................................................................................... 113
PART 12: INDUSTRIAL ZONES................................................................................................................... 117
12.1.
Live/Work Industrial (I-1A) ................................................................................................................... 117
12.2.
Light Industrial (I-1) ................................................................................................................................ 120
12.3.
Industrial (I-2)........................................................................................................................................... 125
PART 13: INSTITUTIONAL ZONES .......................................................................................................... 128
13.1.
Institutional (P-1) .................................................................................................................................... 128
13.2.
Park and Recreation (P-2) ..................................................................................................................... 131
13.3.
Nature Park (P-3)..................................................................................................................................... 133
13.4.
Recycling Depot (P-4) ............................................................................................................................. 135
PART 14: AGRICULTURE ZONES .............................................................................................................. 136
14.1.
Primary Agriculture (A-1) ...................................................................................................................... 136
14.2.
Agriculture and Resort Recreation (A-RR) ........................................................................................ 140
PART 15: FORESTRY ZONES ....................................................................................................................... 146
15.1.
Forestry (F-1) ............................................................................................................................................ 146
PART 16: MARINE ZONES............................................................................................................................. 148
16.1.
Marine Residential Moorage (W-1).................................................................................................... 148
16.2.
Marina (W-2) ............................................................................................................................................ 150
16.3.
Marine Industrial (W-3) ......................................................................................................................... 152
16.4.
Marine Harvesting (W-4)....................................................................................................................... 153
16.5.
Marine Conservation (W-5) .................................................................................................................. 154
16.6.
Marine Park and Recreation (W-P)..................................................................................................... 155
PART 17: COMPREHENSIVE DEVELOPMENT ZONES................................................................... 156
17.1.
Comprehensive Development 1 - RESERVED FOR FUTURE USE ................................................ 156
17.2.
Comprehensive Development 2 - Cluster Housing (CD-2)............................................................ 157
17.3.
Comprehensive Development 3 - Malone Residential (CD-3)..................................................... 161
17.4.
Comprehensive Development 4 - Waterfront Reserve Zone (CD-4) ......................................... 165
17.5 Comprehensive Development 5 - Community Housing Zone (CD-5) ............................................ 168
17.6 Comprehensive Development 6 - Belaire MIxed-Use (CD-6) ......................................................... 170
17.7 Comprehensive Development 7 - ROCKY CREEK ROAD MIXED-USE Residential (CD-7) ......... 173
17.8 Comprehensive Development 8 - HOLLAND CREEK MIXED-USE RESIDENTIAL (CD-8) ............ 178
METRIC CONVERSION CHART...................................................................................................................... 180
ZONING BYLAW MAP........................................................................................................................181
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
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TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
1
PART 1: TITLE
1.1.
Title
a) Schedule A - Zoning Bylaw Text of "Town of Ladysmith Zoning Bylaw 2014, No. 1860".
PART 2: APPLICATION AND COMPLIANCE
2.1.
Application
a)
The regulations of this Bylaw shall apply to the whole of the area within the
boundaries of the Town of Ladysmith.
2.2.
Compliance
a)
No Land shall be subdivided, no Land, Buildings, or Structures shall be used or
occupied, and no Building or Structure or any part thereof shall be maintained,
constructed, reconstructed, renovated, moved, altered or extended, except in
conformity with this Bylaw.
2.3.
Illustrations, Maps and Other Graphics
a)
Illustrations provided in this Bylaw are provided for convenience only and do not
form part of the Bylaw.
b)
Maps, Plans and Figures form part of this Bylaw.
PART 3: ADMINISTRATION AND ENFORCEMENT
3.1.
Inspection
a)
Officers and employees of the municipality and other persons authorized by Council
may enter on property in accordance with Section 16 of the Community Charter.
3.2.
Severability
a) No regulation in this Bylaw depends for its validity upon any other regulation herein
and any regulation found to be unenforceable or invalid by a court of competent
jurisdiction for any reason may be severed without affecting the validity of the
remaining regulations of this Bylaw.
3.3.
Penalties
a) Any person who violates the provisions of this Bylaw is liable on summary
conviction to a maximum penalty of Ten Thousand Dollars ($10,000) and costs.
Each day that such violation is caused or permitted to continue constitutes a
separate offence.
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
2
PART 4: DEFINITIONS
4.1.
Interpretation
a) In this Bylaw, unless the context otherwise requires, the following terms shall have
the following meanings:
A
ACCESS STRIP: means, in the case of a panhandle lot, the part of a panhandle lot that provides
access to a street
ACCESSORY: means a Use, Building or Structure customarily ancillary, incidental, subordinate
and exclusively devoted to, and located on the same Parcel as the Principal Use, Building or
Structure to which it is related.
ACCESSIBLE: means that a person with disabilities is, without assistance, able to approach,
enter, pass to and from, and make use of an area and its facilities.
ACCOMMODATION UNIT: means one or more habitable rooms provided as part of a tourist
accommodation use to provide temporary accommodation to the travelling public and may
include a bathroom, kitchen facilities or a Kitchenette but does not include a Guest Room or a
Dwelling Unit.
AGRICULTURE, URBAN: means growing or producing flowers, native and ornamental plants,
edible berries, fruits, nuts and vegetables as well as the keeping of honey bees (Apis mellifera),
excluding the cultivation of Cannabis for commercial purposes.
ANIMAL DAY CARE: means premises used for the care and supervision of Domestic Animals
during the day or evening, not including overnight stays.
ANIMAL, DOMESTIC: means an animal kept for companionship and amusement rather than for
practical or commercial purposes and does not include: any ungulate; poultry; fowl; bees;
peacocks; non-caged pigeons; or animals used for Farm Use purposes.
ANIMAL GROOMING: means the providing of professional hygienic care and cleaning services
to Domestic Animals.
ANIMAL SHELTER: means premises used for the housing and care of homeless lost or
abandoned Domestic Animals.
ARTIST STUDIO: means a Building, or portion thereof, used for the creation, display or sale of
arts and crafts.
ASSEMBLY: means the gathering of persons for religious; charitable; philanthropic; civic;
cultural; political; private educational; or non-commercial purposes.
Bylaw
1978
Bylaw
2187
Bylaw
2187
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
3
ATTIC OR ROOF SPACE: means the space between the roof of a Building and the ceiling of the
top Storey.
AUCTION: means the offering for sale of new and used goods and equipment by means of a
request or invitation for bids, and may include the temporary indoor storage of such goods and
equipment, but does not include ordinary Retail Sales.
B
BACKYARD POULTRY: shall have the same meaning as in "Town of Ladysmith Animal Control
Bylaw 2024, No. 2167" and does not include Farm Use."
BARGE RAMP: means a Structure placed on the Foreshore for the purpose of loading and
unloading barges which may also be used for launching Boats and removing Boats from the
water.
BED AND BREAKFAST: means the provision of Guest Rooms, in a Single-Unit Dwelling or an
Accessory Building, for the temporary accommodation of paying guests, and may include meal
service to those guests, but does not include the provision of Accommodation Units to paying
guests.
BIG BOX STORE: means a single retail store with a Finished Floor Area that exceeds 2,090 square
metres.
BIO-SWALE: means a type of bio-filter designed to facilitate infiltration and remove silt and
pollution from surface water runoff, consisting of a swaled drainage course with gently sloped
sides and may be filled with vegetation or surfaced with riprap or other aggregate material.
BIVALVE: means an aquatic Mollusc which has a compressed body enclosed within a hinged
shell, such as oysters, clams, mussels, and scallops.
BOAT: means a ship, watercraft, or other marine vessel, not including a Personal Watercraft,
regardless of size or the method of propulsion.
BOAT BUILDING AND REPAIR: means the manufacture, servicing and mechanical or structural
repair of Boats and the sale, installation or servicing of related accessories and parts, and may
include the temporary storage of Boats.
BOAT LAUNCH: means a Foreshore area improved for the launching of pleasure Boats from trailers.
BOAT SHELTER: means a roofed Structure without enclosed sides or ends, used for Boat
storage.
BOATHOUSE: means a roofed Structure enclosed on a minimum of three sides, used for Boat storage.
Bylaw
2187
Bylaw
2169
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
4
BOTANICAL GARDEN: means the Use of Land, Buildings or Structures for displaying a wide
range of botanical plants, either local or from other parts of the world, identified by their
botanical names. Visitor services may include tours, educational displays, art exhibitions, or
outdoor theatrical or musical performances.
BREAKWATER: means a barrier built or placed into the sea to protect a Dock in a Marina from
the force of waves.
BREWERY, DISTILLERY, BOTTLING AND DISTRIBUTION: means the Use of Land, Buildings or
Structures, for the processing, warehousing and distribution of food and beverage products, but
specifically excludes the processing of livestock, fish, poultry, and other fowl.
BUILDING: means any Structure, wholly or partially enclosed by a roof or roofs, supported by
walls, columns or posts and used or intended for supporting or sheltering any use of occupancy.
When a Building is divided by party walls located upon Lot lines each portion of such Building
shall be deemed a separate Building.
BUILDING END: means any Building elevation that is not a Building Side.
BUILDING INSPECTOR: means the person or persons appointed to that position by Council.
BUILDING SIDE: means the longer dimension of any Building elevation and the Building
elevation opposite.
C
CANNABIS: means cannabis as defined by the Cannabis Act (Canada) and any subsequent
regulations or acts which may be enacted in substitution therefor.
CANNABIS CONTROL AND LICENSING ACT: means the Cannabis Control and Licensing Act
[S.B.C. 2018] c.29, as amended or replaced from time to time;
CANNABIS CULTIVATION: means the cultivation of Cannabis as authorized by a licence for
standard cultivation under the Cannabis Act and its regulations.
CANNABIS MICRO-CULTIVATION: means the cultivation of Cannabis as authorized by a licence
for micro-cultivation or a nursery under the Cannabis Act and its regulations that is contained
entirely within a Building.
CANNABIS MICRO-PROCESSING: means the processing of Cannabis as authorized by a licence
for micro-processing under the Cannabis Act and its regulations and is contained entirely within
a Building.
CANNABIS PROCESSING: means the processing of Cannabis as authorized by a licence for
standard processing under the Cannabis Act and its regulations and is contained entirely within
a building.
Bylaw
1951
Bylaw
1951
Bylaw
1978
Bylaw
2021
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CANNABIS RESEARCH AND DEVELOPMENT: means the cultivation, processing, production, and
testing of Cannabis as authorized by a licence for research under the Cannabis Act and its
regulations.
CERTIFIED ENERGY ADVISOR: means an energy advisor certified with a service organization
licensed by the Office of Energy Efficiency of Natural Resources Canada.
CHURCH: means a Building wherein persons regularly assemble for religious worship, which
is maintained and controlled by a religious body organized to sustain public worship and
religious education.
CIVIC USE: means the Use of Land, Buildings or Structures for civic activities and operations for
municipal offices, cemetery or columbarium, community centre or hall, fire hall, police station,
ambulance station, or hospital, Public Works Yard and Public Utility Use.
COFFEE SHOP: means a premise used for the retail sale of coffee, tea or similar beverages, for
take away or on-site consumption, and may include limited production, preparation and retail
sale of food products.
COMMERCIAL INDOOR STORAGE: means the Use of an enclosed Building or series of enclosed
Buildings for storage units, which are available for rent to the public for the storage of chattels,
recreation equipment or commercial goods.
COMMERCIAL PLANT NURSERY: means the growing, cultivating, harvesting, storing and
Wholesale Sales of flowers, trees, bushes, bedding plants, sod, soil, gardening tools and
equipment and similar plant and landscaping products, excluding Cannabis, and may include
Accessory Retail Sales to consumers not to exceed 400 square metres of Gross Floor Area or
Parcel Area.
CONCRETE BATCH PLANT: means the Use of Land, Buildings or Structures for the production of
concrete or asphalt.
COMMUNITY CARE FACILITY: means a facility for the care of more than eight (8) persons under
the Community Care and Assisted Living Act.
COMMUNITY GARDEN: means the non-commercial Use of Land for the growing of flowers,
native and ornamental plants, edible berries, fruits and vegetables.
CONVENIENCE STORE: means premises used for the sale of goods, wares, or merchandise
required by the general public in order to meet their daily needs, including the sale of
perishable items, confectionery, beverages, personal care items, books, magazines and
newspapers.
Bylaw
1904
Bylaw
1978
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Bylaw
2100
COOP: shall have the same meaning as in "Town of Ladysmith Animal Control Bylaw 2024,
No. 2167.
COTTAGE INDUSTRY: means the Manufacturing of goods, material or articles and Retail Sales
of such products typically visible from a public viewing area.
COUNCIL: means the Council of the Town of Ladysmith.
CRUSTACEAN: means any of aquatic invertebrates of the phylum arthropoda having crust-like
shells and including crab and prawns.
CULTURAL FACILITY: means the Use of Land, Buildings or Structures for a museum, archives, or
a maritime interpretation centre, Nature Centre, or Theatre for the performing or recorded
arts.
CURB HEIGHT: means the elevation measured at the top of the established curb fronting a Site
or Parcel, measured at the front and a point which is equal distance from the extremities of the
Site or Exterior Parcel Lines. Where a curb has not been established, the Curb Height shall be
the Natural Grade along the Front Parcel Line.
D
DERELICT VEHICLE: means all or any part of a vehicle which is not registered and licensed in
accordance with the Motor Vehicle Act, or is incapable of moving under its own power, but
does not include a vehicle with collector, modified collector, or vintage status as qualified by
the Insurance Corporation of BC.
DOCK: means a marine-based Structure used for mooring Boats or seaplanes and for providing
pedestrian access to and from the moored equipment.
DRIVE-THROUGH: means a facility for the provision of food, drink or other commercial services
to persons within a motor vehicle, without the need for such persons to exit the motor vehicle.
DRIVEWAY ACCESS PERMIT: means a Permit required or issued pursuant of the Building &
Plumbing Bylaw No. 1119, or successor bylaw, for permission of access to a Parcel from a
Street, typically considered a driveway.
DWELLING, CARETAKER: means a self-contained Accessory Dwelling Unit for the
accommodation of an employee or employees working on a Parcel.
DWELLING, COACH HOUSE: means a self-contained Accessory Dwelling Unit located within a
detached Building.
DWELLING, FARM OPERATION EMPLOYEE: means a second Dwelling Unit located on a Parcel in
the Agricultural Land Reserve where full time employee(s) are required to operate a Principal
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Bylaw
2076
Bylaw
2140
Bylaw
2140
Farm Use due to the intensity of farming as identified by a professional agrologist in a written
report or as identified through a letter from the Agricultural Land Commission.
DWELLING, MULTIPLE-UNIT: means a Building containing three or more Dwelling Units, each
having a separate entrance, which may include an entrance from a common interior corridor or
an exterior entrance, but does not include Townhouse Dwellings.
DWELLING, SECONDARY SUITE: means a self-contained Accessory Dwelling Unit
located within a Single Unit Dwelling, Townhouse Dwelling, Two Unit Dwelling, or
Coach House Dwelling that meets the requirements for "secondary suite" under the
BC Building Code.
DWELLING, SINGLE UNIT: means any detached Building containing one Principal Dwelling Unit
and includes a Modular Home, but not a Mobile Home.
DWELLING, TOWNHOUSE: means a Building containing more than two Dwelling Units and not
more than six Dwelling Units, where each Dwelling Unit shares at least one party wall and has a
separate exterior entrance.
DWELLING, TWO UNIT: means any detached Building containing two Dwelling Units, divided
horizontally or vertically, with each Dwelling Unit having a separate, but not necessarily ground-
level, exterior entrance but does not include a Single Unit Dwelling containing a Secondary
Suite.
DWELLING, UNIT: means one or more habitable rooms constituting a self-contained unit with
its own entrance, used or intended to be used as a residence for not more than one Household
and containing a Kitchen with a sink and Kitchen Facilities and a bathroom with a toilet, sink and
a bath or shower, but shall not include an Accommodation Unit or Guest Room.
DWELLING UNIT, ADAPTABLE: means a Dwelling Unit designed and constructed to facilitate
modification to provide access for persons with disabilities and that meets or exceeds section
3.8.5 of the British Columbia Building Code.
E
ECO-EDUCATION: means the Use of Land, Buildings or Structures for public education and
demonstration about zero waste, recycling and related initiatives.
EMERGENCY SHELTER: means a housing facility located inside a permanent building and
operated by a non-profit society or government agency which provides temporary emergency
accommodation, meals and support services for individuals experiencing homelessness.
ENERGUIDE ENERGY STANDARD: means the energy standard created and standardized by the
Office of Energy Efficiency of Natural Resources Canada that is applied to British Columbia Buildings.
Bylaw
2063
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2186
Bylaw
2187
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F
FARM HOME PLATE: means the portion of an Agriculture Zoned Parcel, located within the
Agricultural Land Reserve that includes the Principal Single Unit Dwelling, Farm Operation
Employee Dwelling and Residentially-intended Accessory Buildings and Structures.
FARM USE: means an occupation or Use of Land for farm purposes, including farming of Land,
plants and animals and any other similar activity characterized as farm use by the ALR Use,
Subdivision and Procedure Regulation.
FARMER'S MARKET: means a Building, Structure or unenclosed Land used by vendors for the
display and retail sale of primarily locally grown or prepared foods and products.
FENCE: means a Structure providing physical or visual separation or enclosure of a Parcel or
portion of a Parcel, and does not include a Retaining Wall, Landscaping, or Pen.
FLOOR AREA, FINISHED: means the floor area of any Storey of the Principal Building on a Parcel.
FLOOR AREA, GROSS: means the total floor area of all Storeys in a Building or Structure, other than
portions of Storeys having a ceiling Height of less than or equal to 2.29 metres above the floor.
FLOOR SPACE RATIO: means the ratio of the Gross Floor Area, to the area of the Parcel.
FOOD CONCESSION: means the Use of a Building for the preparation and serving of food to the
public for consumption elsewhere.
FOOD TRUCK: means the Use of a licensed vehicle with a self-contained Kitchen for the
preparation and serving of food to the public from a temporary location, and includes a mobile
food cart capable of dispensing food.
FORESHORE: means that Land in tidal areas lying below the Natural Boundary and that Land in
non-tidal areas that is alternatively covered by water and exposed with the normal rise and fall
of the level of the body of water.
FRONTAGE: means the common boundary shared by a Front Parcel Line and a Street.
FUNERAL HOME: means premises used for preparing human remains for burial or other end of
life processes, and conducting funeral services, but excludes facilities for cremation or
aquamation.
G
GARDEN CENTRE means the Use of Land, Buildings and Structures for the sale of trees, plants,
flowers and associated gardening and landscaping supplies and outdoor garden equipment.
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1904
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GAS BAR: means one or more pump islands, each consisting of one or more pumps dispensing
motor vehicle fuels such as gasoline, diesel, propane, or ethanol and may include an electric
vehicle charging station.
GEAR LOCKER: means a Building or Structure used for the storage of equipment and accessories
associated with boating.
GEOTHERMAL ENERGY DEVICE: means a device or system of devices designed to collect, store
and distribute thermal energy generated in the earth.
GOLF CLUBHOUSE: means an Accessory Use to a golf course operation including, but not limited
to, Restaurants, lounges, pro shop, Retail Sales, and Offices related to the administration of the
golf course.
GOLF DRIVING RANGE: means an unenclosed Structure or area of Land where the sport of golf
is practiced from individual tees and is considered an Accessory Use to a Golf Course.
GOLF MAINTENANCE AND STORAGE FACILITY: means maintenance facilities for a golf course
Use and the rental and repair of golf equipment.
GRADE, AVERAGE FINISHED: means the average elevation of the Finished Grade around the
perimeter of a Building, measured at each of the four outermost exterior corners of the Building.
GRADE, AVERAGE NATURAL: means the average elevation of the Natural Grade around the
perimeter of a Building, measured at each of the four outermost exterior corners of the Building.
GRADE, FINISHED: means the elevation at any point along the surface of a Parcel after
construction, but excluding localized depressions immediately adjacent to Building features
such as basement window wells and entranceways.
GRADE, NATURAL: means the surface elevation of a Parcel in its existing state, prior to any
disturbance, alteration, excavation or filling, as determined by a registered land surveyor, or the
elevations shown on the approved grading plan, subject to Part 5, Section 5.12.
GUEST ROOM: means a bedroom or similar room provided as part of a Bed and Breakfast use to
provide sleeping facilities to the travelling public and may include an ensuite bathroom but does
not include a room with Kitchen Facilities, a Kitchen, Kitchenette or cooking facilities of any kind, or
an Accommodation Unit or Dwelling Unit.
H
HEIGHT: means the vertical dimension of a Building, Structure, or Landscaping, calculated
subject to Part 5, Section 5.12.
HIGH WATER MARK: means the natural boundary identified on the plan of subdivision or the
plan accompanying the instrument conveying Crown Land in fee simple, which plan was most
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recently filed in the Land Title Office, or in the case where such information is unavailable, the
Natural Boundary as defined in this Bylaw.
HIGHWAY: includes public Streets, roads, ways, trails, Lanes, bridges, and any other public way.
HOME BASED BUSINESS: means a commercial professional practice, service, occupation, craft
or hobby carried on in a Dwelling Unit or Accessory Building.
HOME IMPROVEMENT SERVICE INDUSTRY: means an Office and associated indoor storage for
a building contractor or other professional providing services for homeowners.
HORSE RIDING ARENA: means the Use of Land and/or Structures for the exercising or riding
of horses.
HORSE RIDING STABLE: means the Use of Land, Buildings or Structures for the purposes of
keeping horses, and may include a boarding stable and riding lessons.
HOUSEHOLD: means one or more persons related by blood, marriage, common law marriage or
adoption; or a group of not more than 5 unrelated persons; all of whom are living together in
one Dwelling Unit using common Kitchen Facilities.
I
INTERMODAL SHIPPING CONTAINER: means a portable, modular metal container used for the
storage and shipment of goods and materials.
K
KENNEL: means premises used for the commercial boarding or breeding of five or more dogs of
an age of six months or more.
KITCHEN FACILITIES: means facilities intended or used for the preparation or cooking of meals,
and includes any room or portion of a room containing cooking appliances, including stove,
oven, and hotplates, as well as raised counters, cabinets, or where wiring exists for the
installation of such facilities, but excludes a Kitchenette.
KITCHENETTE: means that portion of a room used for the preparation of beverages and limited
meals, and may contain one sink, a fridge, a microwave, coffeemaker and a raised counter. A
Kitchenette may not contain Kitchen Facilities.
L
LABORATORY: means the Use of Buildings or Structures for scientific experiments, research,
teaching, or testing of products or materials, excluding Cannabis, and may include an Accessory
Office Use.
Bylaw
1978
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LAND: means real property other than improvements and includes the surface of water.
LANDSCAPE BUFFER: means an area of Landscaping used to mask or separate uses.
LANDSCAPE SCREEN: means an area of Landscaping used to buffer and visually conceal Uses.
LANDSCAPING: means changing, modifying or enhancing the visual external appearance of a
Parcel including reshaping the earth, planting or preserving vegetation, adding walks, patios,
fencing or other ornamental features.
LANE: means a Highway that provides a secondary access to a Parcel from the side or rear of
such Parcel and has a travelled surface less than 6.0 metres wide.
LIVE-ABOARD: means the Use of a Boat primarily designed for navigation for Residential Use,
utilizing Land based community water and sewer services.
LIVE/WORK UNIT: means a Use within a Dwelling Unit that includes space for an Artist Studio,
Personal Service Establishment, Office, Personal Repair Service, or a Commercial School.
LOG HANDLING, SORTING AND STORAGE YARD: means Land or a water area used for the
storage, dumping, sorting, booming or trans-shipment of logs.
LONG-TERM BICYCLE PARKING SPACE: means a secure, weather-protected space for bicycle
storage used to accommodate long-term bicycle parking, for residents or employees within a
room, locker, or a covered and fenced area.
LOT: has the same meaning as "Parcel".
M
M2: means square metres.
MANUFACTURED HOME PARK: means Land used for the accommodation of two or more
Mobile Homes.
MANUFACTURING: means the production, fabrication or processing of raw materials into
finished goods or products, especially with the Use of Industrial machinery or equipment and
includes packaging and distribution of products created on the Site, excluding Cannabis.
MARINA: means docking, launching or mooring facilities where Boats, seaplanes, and other
marine Boats are berthed, stored or kept for sale or rent, including Accessory Retail Sales
facilities and wastewater pumping facilities, but excludes Boat Building and Repair.
MARINA OFFICE: means premises used for the administrative functions of a Marina including
charter, rental and boat brokerage services; and marine sales and service.
Bylaw
1961
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1978
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MARINE CONSERVATION: means a marine area, including submerged Lands, for the protection
and conservation of marine ecosystems for the benefit, education and enjoyment of the
general public.
MARINE FUEL SUPPLY STATION: means a marine-based facility with fuel storage and pumping
equipment used for the retail sale of marine fuels and lubricating oils as well as a limited range
of marine Boat parts, equipment and accessories.
MARINE RESCUE FACILITY: means a facility used for coordinating search and rescue activities in
marine areas.
MARSHALLING YARD: means Land, Buildings or Structures used to store and maintain Industrial
equipment, vehicles or materials.
MEDIA PRODUCTION STUDIO: means the Use of Land, Buildings and Structures for the production
of multi-media art, motion pictures, videos, television or radio programs or sound recording.
MICRO-BREWERY: means the Use of Land, Buildings and Structures for the brewing, bottling and
marketing of beers, ales and ciders, and may include Accessory Retail Sales directly to consumers,
Accessory Wholesale Sales, and an area for beer, ale and cider tasting and consumption.
MOBILE HOME: means a factory manufactured Dwelling Unit that carries a Canadian Standards
Association Certification (CSA Z240) and is transported on its own foundation, and does not
include a Recreation Vehicle.
MODULAR HOME: means a Single Unit Dwelling constructed in a factory to CSA A277
standards, transported to a Building Site and placed on a permanent foundation complying with
the B.C. Building Code, and does not include a Mobile Home or Recreation Vehicle.
MOORAGE: means the attachment of a Personal Watercraft, Boat, seaplane and other marine
Boats to a Wharf, Dock or float, or to a mooring buoy that is in turn anchored to the seabed.
MOORAGE, COMMERCIAL: means the Use of a Wharf facility for the loading, unloading, and
Moorage of commercial fishing Boats, and may include Short-term Moorage of other vessels
and Seafood Sales to the general public.
MOLLUSC: means any of the soft bodied invertebrates usually protected by a calcareous shell
of one or more pieces and including clam, oyster, mussel, and scallop.
MOTOR VEHICLE BODY SHOP: means the Use of a Building or Structure for the structural repair
of motor vehicles, including painting or metal plating.
MOTOR VEHICLE SALVAGE AND WRECKING YARD: means the Use of Land for the disassembly,
dismantling, repurposing or junking of motor vehicles, either wholly or partially, and where
Derelict Vehicles and motor vehicle parts intended for re-use are stored.
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1904
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N
NATURAL BOUNDARY: means the visible High Water Mark of any lake, river, stream or other
body of water where the presence and action of the water are so common and usual, and so
long continued in 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 the Soil itself.
NATURE CENTRE: means the Use of Land, Buildings or Structures primarily for the education
and the exploration of natural and cultural heritage, and may include tours, events and exhibits.
NEIGHBOURHOOD PUB: means a liquor primary establishment licensed as such under the
Liquor Control and Licensing Act, and may include a Micro-Brewery and a wine bar.
O
OFFICE: means premises used for the provision of professional, medical and dental, health and
wellness management, consulting services, financial services or municipal offices, as well as the
administrative functions of a permitted Use.
OVERSIZED BICYCLE PARKING SPACE: means a bicycle parking space designed to accommodate
cargo bikes, tricycles and similar bicycles and provides a secure locking point anchored to the
ground or floor.
P
PARCEL: means any Lot, block or other area in which Land is held or into which it is subdivided,
and includes a bare land strata Lot, as defined in the Strata Property Act, any other strata Lot
created under the Strata Property Act larger than 300 square metres, and a pad or area held
within a Manufactured Home Park by a licensee or tenant, but does not include a Highway.
PARCEL AREA: means the total horizontal area within the Parcel Lines of a Parcel. In the case of
a Panhandle Parcel the access strip shall not be included in a calculation of the area.
PARCEL, CORNER: means a Parcel which is abutted by Highways on two or more sides. In the
case of a Panhandle Parcel, the Front Parcel Line shall be the Parcel Line abutting the Parcel
between the Street and the Panhandle Parcel.
PARCEL COVERAGE: means the total horizontal area within the vertical projection of the
outermost walls of Principal and Accessory Buildings and Structures on a Parcel, not including
permitted projections into required Setbacks, expressed as a percentage of the Parcel Area.
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PARCEL, PANHANDLE: means any Parcel, the Building area of which is accessed by and gains
Street Frontage through the use of a narrow strip of Land which is less than 9.0 metres in width
and is an integral part of the Parcel.
PARCEL LINE, FRONT: means the Parcel Line common to a Parcel and fronting Street, or where
there is more than one fronting Street, the shortest Parcel Line common to the Parcel and a
fronting Street, in which case the Parcel Line opposite to the Front Parcel Line is the Rear Parcel
Line and the other Parcel Line is an Exterior Side Parcel Line. In the case of a through Parcel or a
An Illustration of Parcel Coverage where Parcel Coverage is the total floor area of
Building Area A and Building Area B divided by the Parcel Area.
An Illustration of Panhandle Parcel
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Corner Parcel, a Parcel Line abutting a Street which is not the shortest Parcel Line may be
considered the Front Parcel Line if the adjacent Parcels front on the same Street. In the case of
a Panhandle Parcel, the Front Parcel Line shall be considered the Parcel Line abutting the Parcel
abutting a Street that forms part of the panhandle.
PARCEL LINE, EXTERIOR SIDE: means the Parcel Lines or Lines not being the Front or Rear
Parcel Line, common to a Parcel and a Street or a Natural Boundary, but does not include a
Parcel Line common to the Parcel and a Lane.
PARCEL LINE, INTERIOR SIDE: means the Parcel Line or Lines, not being the Front or Rear Parcel
Line, common to more than one Parcel.
PARCEL LINE, REAR: means the Parcel Line furthest from and opposite to the Front Parcel Line,
except that there shall not be more than one Rear Parcel Line.
PARK AND OPEN SPACE: means any area of Land, which is used or intended to be used by the
public for recreation purposes, including Outdoor Recreation Facilities, the provision of public
washrooms, or for preservation of nature.
PARK, MARINE: means any area of Land and tidal water, which is used or intended to be used,
for primarily recreation purposes.
PARK, NATURE: means any area of Land, which is used or intended to be used, for the
education and conservation of the natural environment, habitats, plants, wildlife, and/or
species at risk and may include Structures such as boardwalks, trails and trail signage.
PARKING, UNDERBUILDING: means any enclosed space used or intended to be used for off-
street parking that is:
Accessed by a drive aisle located on the front, side or rear elevation of the Building; and
Contained entirely within the Building; and
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Has a finished floor elevation at its entrance not greater than the average of the
adjacent Finished Grade measured at the two most outermost exterior corners of the
Building where the drive aisle is located.
PEN: shall have the same definition as in "Town of Ladysmith Animal Control Bylaw 2024, No.
2167.
PERMEABLE: means a surface that rainwater can pass through, and shall not include:
a) Surfaces covered by Buildings and Structures.
b) Asphalt.
c) Concrete.
d) Grouted pavers.
PERSONAL SERVICE ESTABLISHMENT: means premises for the provision of individualized
services to a customer including, barbering, hairdressing, tailoring, shoemaking, dry-cleaning,
personal trainers, yoga studio, marital arts, nutritionists, florists, laundromats, photography,
and aesthetician services.
PERSONAL REPAIR SERVICE: means the Use of a Building for the repair of consumer
household products.
PERSONAL WATERCRAFT: means a vessel less than 5.0 metres in length that is propelled by
machinery, commonly a jet pump, and designed to be operated by a person standing, kneeling
or sitting on the vessel rather than standing or sitting inside the vessel.
PRIMARY PROCESSING OF GRAVEL: means the Use of Land, Buildings or Structures for the
moving, crushing, washing, screening, processing or storage of gravel and other Soil material.
PRINCIPAL USE: means the main purpose for which Land, including the surface of the water,
Buildings or Structures are ordinarily used.
PRINT SHOP: means the Use of Buildings for printing and reproduction services.
PRODUCE STAND: means a roadside Structure for the sale of products produced by Backyard
Poultry Use, a Farm Use or Urban Agriculture Use, excluding Cannabis.
PUBLIC PARKING: means an area of Land and/or a Building or Structure provided for public
vehicle parking and maintained and operated by the Town of Ladysmith.
PUBLIC UTILITY USE: means the Use of Land, Buildings or Structures for the provision of
community water services; community sewer services; community surface water drainage
services; public access; natural gas pipeline serving the community; gas, electric and
telecommunication service; district energy or heat systems; or other similar Uses or services.
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1985
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PUBLIC WORKS YARD: means the Use of Land, Buildings or Structures for parks and municipal
infrastructure operations, including municipal composting, processing or storage for use by
municipal operations, community organizations, residents or for Wholesale Sales.
R
RAILWAY PASSENGER DEPOT: means a facility providing arrival and departure services for the
travelling public and may include other tourist services.
RECREATION ACTIVITY SPACE: means the common Land area, patio, balcony, terrace, deck
area or internal Building space, set aside exclusively for the purpose of providing amenity space
for the residents of a development of Site.
RECREATION FACILITY, INDOOR: means an enclosed Building used and equipped for the
conduct of sports, leisure and entertainment activities, where patrons are predominantly
participants, including but not limited to athletic clubs, health and fitness clubs, swimming
pools, curling rinks, ice skating arenas, bowling alleys, billiard halls, rock climbing facilities,
dance studios, fitness studios and indoor racquet courts.
RECREATION FACILITY, OUTDOOR: means the Use of Land for sports and active recreation
conducted outdoors. Typical Uses include tennis courts, ball fields, lacrosse boxes, athletic
tracks and fields, mini-golf courses and lawn bowling greens, but does not include a rifle range.
RECREATION VEHICLE: means a motor vehicle or a vehicle that is intended to be towed by a
motor vehicle on a Highway, designed or used primarily for accommodation during travel or
recreation and includes but is not limited to motor homes, campers, fifth-wheels and travel
trailers.
RECYCLING DEPOT: means the Use of Land, Buildings or Structures for the collection and
redistribution of primarily recyclable materials and products, including household items and
contractor waste.
RECYCLING DEPOT, REFUND CONTAINER: means the Use of Land, Buildings or Structures
for the collection and distribution of beverage, milk, and other refundable containers as well
as electronics.
RECYCLING PLANT: means the Use of Land, Buildings or Structures for the purposes of
processing recyclable materials.
REMEDIATED SITE: means a Parcel which has received a certificate of compliance pursuant to
the Environmental Management Act.
RESEARCH AND DEVELOPMENT FACILITY: means the Use of Land, Buildings or Structure for
scientific research, investigation, testing or experimentation, excluding Cannabis.
Bylaw
1904
Bylaw
1978
Bylaw
2063
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RESIDENTIAL: means the accommodation of a Household in a Dwelling Unit, or part thereof,
and where the minimum occupancy period is 30 consecutive days.
RESIDENTIAL RENTAL TENURE: means the granting of a right to occupy a Dwelling Unit as living
accommodation where the minimum occupancy period is thirty consecutive days, and where
the Dwelling Unit is not owned by a Dwelling Unit occupant, but where regular payments are
made to the owner for the use of the Dwelling Unit.
RESTAURANT: means a Use where the preparation, service and sale of food to the public for
immediate consumption is the primary focus, occurring within the premises or delivered to
other premises, and includes a food primary establishment licensed under the Liquor Control
and Licensing Act, except where expressly prohibited, but does not include a drive-In restaurant
or a restaurant with Drive-Through service.
RE-STORE: means the Use of Buildings or Structures for the resale of reusable or recycled
household items and building materials.
RETAINING WALL: means a Structure intended to hold back, stabilize or support an earthen
bank.
S
SANI-DUMP STATION: means the Use of Land, Building or Structures to accommodate a system
of piping designed to accept waste from sanitary holding tanks or vehicles, other than septic
tank trucks.
SALES, BUILDING SUPPLY: means the sale of Building supplies, lumber, plant and garden
supplies, agricultural supplies, marine supplies, home improvement supplies, pre-fabricated
Modular Home sales, furniture and appliances and camping supplies.
SALES, CANNABIS RETAIL: means the sale of Cannabis or products containing Cannabis from a
retail store licensed under the Cannabis Control and Licensing Act, to persons who attend at the
premises but do not consume Cannabis at the premises;
SALES, LIQUOR RETAIL: means the sale of liquor, beer or wine for consumption off premises.
This includes a government Liquor Store, government beer store or government wine store, or
an agency established under the Liquor Distribution Act, including an agency store, an
authorized vendor, a distributor, and a licensee.
SALES OR RENTAL, MACHINERY AND EQUIPMENT: means the Use of an enclosed Building for
the sale, rental or lease of machinery and equipment.
SALES OR RENTAL, MOTOR VEHICLES: means the sale, rental or lease of new or used motor
vehicles that are capable of being licenced under the Motor Vehicle Act or as defined by the
Motor Vehicle (All Terrain) Act.
Bylaw
2021
Bylaw
1983
Bylaw
2021
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SALES OR RENTAL, NON-MOTORIZED RECREATIONAL EQUIPMENT: means the sale or rental of
bicycles, kayaks, paddleboards, hiking gear and similar recreation equipment.
SALES, RETAIL: means the sale of goods, wares, or merchandise to the general public for final
consumption. Such sales do not include Building Supply Sales, Cannabis Retail Sales, Wholesale
Sales, Liquor Retail Sales, Warehouse Sales, Re-Store sales, or the sale of motor vehicle fuels,
heavy agricultural and industrial equipment or products related to a Garden Centre Use or an
adult entertainment Use.
SALES, WHOLESALE: means the Use of Lands, Buildings or Structures for the storage and sale of
goods and materials to retailers, other wholesale operations, contractors or manufacturers,
rather than to consumers, for resale or for incorporation into other products.
SAWMILL, SHAKE AND SHINGLE MILL: means Use of Land, Buildings or Structures involving the
cutting, sawing, or planing of timber, either to finished lumber, or to an intermediary step, and the
temporary storage of raw or finished lumber, or sawing blocks of wood to produce shingles or
splitting blocks of wood to produce shakes.
SCALE HOUSE: means a Use of Land, Buildings or Structures as part of a Recycling Depot, where
vehicles dropping off materials are weighed.
SCHOOL: means educational facilities as defined by the School Act.
SCHOOL, COMMERCIAL: means commercial facilities for the training, instruction and
certification in a specific trade, skill or service including administrative, construction, electrical,
computer, business, hairdressing, beauty, language, cultural, dancing, martial arts, Domestic
Animal training, driving, or music skills.
SEAFOOD SALES: means the sale of fresh and frozen-at-sea fish and seafood, from marine-
based Wharfs, Boats, or facilities, for purchase by the public.
SERVICE STATION: means premises used for the servicing, repair, washing or maintenance of
motor vehicles and the Retail Sales of motor lubricating oils and motor vehicle parts and
accessories.
SETBACK: means the required minimum distance prescribed by the regulations provided for in
this Bylaw, between a Use, Building or Structure and each of the respective Parcel Lines.
Bylaw
1921
Bylaw
2021
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SEWAGE PUMP-OUT: means a device or method for removing sewage from a holding tank
connected to a Marina toilet or from a toilet on a Boat.
SHADE TREE: means a deciduous tree that provides seasonal screening and shading to a hard
surface parking area thereby reducing the surface air temperature and heat island effect.
SHELLFISH AQUACULTURE: means the growing, rearing, and harvesting of Bivalves molluscs
and Crustacean, excluding processing.
SHIPPING YARD: means Land where goods are transhipped or transferred between different
transport vehicles, for onward transportation. Shipping Yards may also provide storage facilities
for both loaded and empty Intermodal Shipping Containers.
SHORT-TERM: means seven days or less.
SHORT-TERM BICYCLE PARKING SPACE: means a metal rack or similar structure:
a. to which a bicycle and at least one wheel can be secured with a U-style lock; and
b. is primarily intended to provide temporary bicycle storage to visitors.
SILVICULTURE: means all activities related to the development and care of forests, including
seedling and tree nursery but excludes the processing of wood or wood products.
SITE: means an area of Land or surface of water devoted to a particular Use or occupied by a
Building or Structure or a group of Buildings or Structures having a common Use.
SOIL: includes sand, gravel, rock or other similar substance.
SOLAR ENERGY DEVICE: means a device designed to collect, store and distribute solar energy.
An Illustration of Setback Areas on a Parcel
Bylaw
2140
Bylaw
2186
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SPRINKLERED: shall have the same meaning as the BC Building Code.
STOREY: means that portion of a Building which is situated between the top of any floor and
the top of the floor next above it, and if there is no floor above it, that portion between the top
of such floor and the ceiling above it.
STOREY, FIRST: means the lowest Storey of a Building having its floor level not more than
2.0 metres above Finished Grade.
STORAGE YARD: means the Use of Land outside of an enclosed Building where construction
materials and equipment, new Building materials, monuments and stone products, public utility
equipment, or other materials, goods, products, vehicles, equipment or machinery are stored,
baled, piled, handled, sold or distributed, whether as a Principal or Accessory Use.
STREAMSIDE PROTECTION AND ENHANCEMENT AREA: means an area (a) adjacent to a stream
that links aquatic to terrestrial ecosystems and includes both existing and potential riparian
vegetation and existing and potential adjacent upland vegetation that exerts an influence on
the stream, and (b) the size which is determined according to the Riparian Areas Regulation on
the basis of an assessment report provided by a qualified environmental professional in respect
of a development proposal.
STREET: has the same meaning as Highway and includes, in the case of Parcel Line definitions,
an access route in a bare Land strata plan.
STRUCTURE: means any construction fixed to, supported by or sunk into Land or water but
excludes concrete or asphalt paving or similar surfacing of a Parcel.
T
TEMPORARY OVERNIGHT ACCOMMODATION: means the Use of Land for Short-Term camping,
associated with community events, in tents or Recreation Vehicles.
THEATRE: means the Use of a Building for the showing of dramatic, musical or other live or
recorded performance arts, including cinemas.
TOURIST ACCOMMODATION: means the provision of one or more Accommodation Units for the
temporary accommodation of the travelling public but does not include the rental of dwelling
units for residential purposes for a month or more under a residential tenancy agreement
pursuant to the Residential Tenancy Act.
TOW-TRUCK DISPATCH: means the Use of Land, Buildings and Structures for the dispatch and
on-site storage of tow-trucks and associated vehicles.
TOWN: means the Town of Ladysmith.
Bylaw
1904
Bylaw
2187
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TRADE CONTRACTOR FACILITIES: means a Building, Structures or Land used for the Offices,
storage, or shops of trade contractors.
TRANSFER STATION: means the Use of Land, Buildings or Structures for the temporary storage
of recyclable and non-recyclable waste and the transferring of such waste to vehicles for
transportation elsewhere.
U
USE: means the purpose for which any Parcel, Land, Site, surface of water, Building or Structure
is designed, arranged or intended, or for which it is occupied or maintained.
V
VETERINARY CLINIC: means premises used by one or more licensed veterinarians and
associated staff to provide medical, surgical and general health care treatment of Domestic
Animals and may include indoor boarding during the period of treatment.
VISITOR CENTRE: means a Building or Structure that provides information services to tourists.
W
WAREHOUSE: means premises used for keeping or storing goods, to which the general public
does not have access, and which may include facilities for distribution of commercial or
Industrial goods.
WATERCOURSE: means any drainage course or source of water in a depression with defined
and continuous banks, whether usually containing water or not and may include a pond, lake,
river, stream, creek, brook, ditch, spring, wetland or the sea.
WELCOME CENTRE: means a marine-based facility providing local orientation and convenience
services to boaters.
WHARF: means a marine-based Structure used for mooring Boats and seaplanes, usually
comprised of a pier, ramp and floats.
WIND ENERGY DEVICE: means a device designed to collect, store and distribute wind energy.
Y
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YACHT CLUB CLUBHOUSE: means a Building used for conducting the business and social
activities of an incorporated yacht club.
YARD: means an open space on a Lot unoccupied and unobstructed to the sky, except as
otherwise provided for in this Bylaw.
YARD, FRONT: means that portion of a Parcel between the Front Parcel Line and a line
extending along the front face of a Principal Building to the Exterior and/or Interior Parcel Lines.
YARD, REAR: means that portion of a Parcel between the Rear Parcel Line and a line extending
along the rear face of a Principal Building to the Exterior and/or Interior Parcel Lines.
YARD, SIDE: means that portion of a Parcel extending from the Front Yard to the Rear Yard,
between the Exterior and/or Interior Parcel Lines and a line extending along the side face of a
Principal Building.
Z
ZONE(S): means the zones contained as part of this Bylaw and identified in Schedule B.
b)
In this Bylaw, the following symbols shall have the following meaning:
≤: means less than or equal to.
>: means greater than.
An Illustration of a Yard
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PART 5: GENERAL REGULATIONS
5.1.
General Application
a) The General Regulations set out in this Part shall apply to all Lands, Buildings, or
Structures and the Use or the intended Use of the same unless otherwise expressly
provided for in this Bylaw.
b) Only the Uses and Accessory Uses listed in each Zone are permitted on Lands, or in
relation to Buildings or Structures, in that Zone.
5.2.
Number, Location and Siting of Buildings and Structures
a) Not more than one Principal Building for Residential Use shall be constructed,
placed or erected on a Parcel, except as otherwise expressly provided for in this
Bylaw.
b) No Principal Building or Structure shall be located in any required front, side or rear
Setback for Principal Buildings or Structures.
c) No Accessory Building or Structure shall be located in any required front, side or
rear Setback for Accessory Buildings or Structures or in any Front Yard.
d) No Building or Structure shall be permitted within 4.5 metres from the Parcel Line
fronting on any Ministry of Transportation and Infrastructure arterial Highway, or
within 3.0 metres where a Lane provides secondary access to the Parcel.
e) Despite any other regulation of this Bylaw, no Building or Structure located on a
Parcel shall be located closer than:
i)
In the case of a Parcel having a slope of less than 5 percent, 15.0 metres
horizontally distant from the Natural Boundary of a Watercourse or
18.0 metres horizontally distant from the centre line of the Watercourse
whichever is the greater.
ii)
In the case of a Parcel having a slope of more than 5 percent, 9.0 metres
horizontally distant from the Natural Boundary of the Watercourse or
21.0 metres horizontally distant from the centre line of the Watercourse
whichever is the greater.
iii) In the case of a Parcel adjacent to or abutting the sea, 8.0 metres horizontally
distant from the Natural Boundary of the sea or horizontally distant inland
from the top of slope on a Parcel with an average slope of 30 percent or more,
whichever is greater.
f)
Despite Section 5.2 (e), any Building or Structure proposed to be located within 30
metres of a natural Watercourse or source of water supply, whether usually
containing water or not, and includes a lake, river, creek, spring, swamp and gulch
shall apply to the Town of Ladysmith for a Riparian Development Permit; and the
owner must obtain the Riparian Development Permit prior to any alteration of
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Land, Landscaping or vegetation; disturbance of Soils; construction or erection of
Buildings and Structures; and prior to subdivision of Land.
5.3.
Panhandle Parcels and Calculation of Minimum Parcel Size
a) When Panhandle Parcels are created, the Parcel frontage requirement shall not be
calculated for the panhandle portion of the access strip fronting on the Street, but for
the front parcel line.
b) Where a Parcel is a Panhandle Parcel, the access strip shall not be included as part of
the Parcel Area for the purpose of determining minimum Parcel size.
c) An access strip shall have:
i)
a minimum width of 6.0 meters;
ii)
a maximum width of 9.0 meters;
iii) a maximum length of 30 meters;
iv) a maximum grade of 12%
d) A panhandle parcel shall not be created adjacent to another panhandle parcel.
5.4.
Solar Energy Devices
a) In a Residential or Commercial Zone, Solar Energy Devices shall be attached to a
Principal or Accessory Building and shall not extend beyond the outermost edge of
the roof nor extend higher than the vertical Building envelope.
b) In Industrial and Institutional Zones, Solar Energy Devices are permitted provided
that:
i)
The device is attached to either the Principal or an Accessory Building in which
case the device shall not extend beyond the outermost edge of the roof; or
ii)
The device is a standalone Structure subject to the siting requirements for
Accessory Buildings or Structures.
5.5.
Geothermal Energy Devices
a) In all Zones, all above ground parts of Geothermal Energy Devices are subject to the
siting and Height regulations for Accessory Buildings or Structures.
b) In all Zones, the underground parts of Geothermal Energy Devices shall have a
minimum Setback of 3 metres from all Parcel Lines.
5.6.
Heat Pumps
a) Heat pumps shall be located in a Rear Yard or Side Yard only and be sited a
minimum of 1.0 metre from a Parcel Line.
Bylaw 1904
Bylaw 2186
Bylaw 2187
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Bylaw 2100
5.7.
Wind Energy Devices
a) In the Parks and Recreation Zone (P-2), Wind Energy Devices which generate not
more than 10 kilowatts are permitted, subject to the following requirements:
i)
Not more than one Wind Energy Device is permitted on each Parcel.
ii)
The Parcel on which a Wind Energy Device is located shall be 2,023 square
metres or greater in Parcel Area.
iii) Maximum Height of a Wind Energy Device, including to the point of a blade in
a vertical position, shall be 10.5 metres as measured from the Finished Grade.
iv) A Wind Energy Device tower shall be located from the Parcel Line of an
adjacent Parcel by no less than a distance equal to 150 percent of the total
Height of the device (measured to the highest point of a support Structure and
the top of a vertical blade).
b) In the Primary Agriculture Zone (A-1), Agriculture and Resort Recreation Zone (A-
RR), Industrial Zone (I-2) or the Recycling Depot Zone (P-4) for Parcels that do not
abut a Residential Zone, Wind Energy Devices which generate up to 20 kilowatts
shall be permitted, subject to the following requirements:
i)
Not more than one Wind Energy Device is permitted on each Parcel.
ii)
The Parcel on which a Wind Energy Device is located shall be 4,000 square
metres or greater in Parcel Area.
iii) The maximum Height of a Wind Energy Device (including the top of a blade in a
vertical position) shall be 21 metres as measured from Finished Grade.
c) Despite Section 5.7(b), Wind Energy Devices located on Industrial or Agriculture
Zoned Parcels adjacent to Residential Zones are subject to Section 5.7(a).
5.8.
Setback and Parcel Coverage Exemptions
a) Except as otherwise expressly provided for in this Bylaw, no Building, Structure or
architectural feature may project into the Setback requirements of this Bylaw,
including the separation distance between a Principal Building or Structure and a
Coach House Dwelling, except the following:
i)
Steps.
ii)
Ramps, providing an Accessible route for persons with disabilities, with a slope
greater than 1:20 but not more than 1:12 and constructed in accordance with
the British Columbia Building Code.
iii) Eaves and gutters, cornices, sills, pilasters, belt courses, bay windows,
chimneys, heating or ventilating equipment or other similar features provided
that such projections do not exceed 1.0 metre or 50 percent of the width of
the Side Yard in the case of a Side Yard of 1.5 metres or less wide.
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Bylaw 2100
iv) Fences, Landscape Buffers, Landscape Screens, Retaining Walls, arbours,
trellises, or other ornamental features.
v)
Open and uncovered terraces, decks or patios not to exceed 0.62 metres
above Finished Grade.
vi) Unenclosed porches and canopies (not including carports), sunshades,
unenclosed stairwells, or balconies provided that such projections do not exceed
1.5 metres into a front or side Setback or 2.0 metres into a rear Setback.
vii) Utilities, cisterns, storage tanks, or underground parking areas, which
are constructed entirely beneath the surface of the ground, provided
such underground Structures are covered by sufficient soil depth to
accommodate Landscaping.
viii) An unenclosed swimming pool, provided that such pool not be constructed
nearer than 3.0 metres to any Parcel Line unless the pool is constructed with
its surface at Finished Grade, in which case, the swimming pool shall not be
nearer than 1.5 metres to any Parcel Line.
ix) Freestanding lighting poles, clothes line poles, warning devices, antennas,
masts, utility poles, flagpoles, and children's play equipment.
b) For a Parcel containing a Coach House Dwelling that is not more than 5.0 metres in
Height, any portion of a Building used for parking purposes shall be excluded from
the calculation of Parcel Coverage, to a maximum exclusion of 45 square metres per
Parcel.
5.9.
Accessory Buildings, Structures and Uses
a) Not more than two Accessory Buildings shall be permitted on a Parcel, or as,
otherwise expressly provided for in this Bylaw.
b) Section 5.9 and its clauses do not apply to a Coach House Dwelling except that
when a two Storey Coach House Dwelling contains a self-contained Accessory space
on the First Storey, the Coach House Dwelling shall be counted as one Accessory
Building for the purposes of calculating the number of Accessory Buildings on a
Parcel in Section 5.9(a).
c) An Accessory Building or Structure shall have a maximum Gross Floor Area of
60 square metres.
d) All Accessory Buildings and Structures shall be located on the same Parcel as the
Principal Building to which it is Accessory.
e) An Accessory Building or Structure attached to the Principal Building shall be
considered a part of the Principal Building and shall comply in all respects with the
regulations of this Bylaw applicable to the Principal Building.
Bylaw 2100
Bylaw 2100
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i)
For the purposes of the above section 5.9(e) "attached" means heated
conditioned space with a minimum internal clear width of 860mm and a
minimum Finished Floor Area of 3.5 square metres.
f)
An Accessory Building or Structure shall not be used as a Dwelling Unit, except as
otherwise provided for in this Bylaw.
g) No Accessory Building or Structure shall exceed a Height of 5.0 metres, measured to
the highest point of the roof, or one Storey, except as otherwise expressly provided
for in this Bylaw.
h) No Accessory Building or Structure shall include an Attic or Roof Space greater than
1.9 metres in Height, as measured from the ceiling of the Storey below to the
highest point of the Building or Structure.
i)
No Accessory Building or Structure shall include Kitchen Facilities.
j)
A Coop and Pen used for Backyard Poultry are not considered Accessory Buildings or
Structures, except for the application of Sections 5.9(a), (d), (f), (h), and (i) to Coops
and Pens.
5.10.
Temporary Buildings and Structures During Construction
a) During the construction of a Principal Building or Structure or any Public Utility Use
or service, temporary Buildings and Structures may be constructed, placed or
erected for the purpose of providing temporary Office space, shelter for
construction crews, or storage of materials; provided that:
i)
Temporary Buildings and Structures shall be removed within 30 days of
the completion of the Principal Building or Structure or Public Utility Use
or service.
ii)
Temporary Buildings or Structures shall be limited to a maximum of
two (2) per Parcel.
iii) Despite section 5.10 (a), a Recreation Vehicle may be placed on a Parcel for the
purpose of providing a temporary Caretaker Dwelling during the construction
of a Public Utility Use.
5.11.
Temporary Uses
a) A Use or occupancy shall be considered temporary if it is for a period of less than,
but not to exceed, 30 days within a single calendar year, in which case such a
temporary Use or occupancy shall only be permitted where expressly provided for
in this Bylaw.
5.12.
Height Calculation
a) For the purposes of calculating Height of Principal and Accessory Buildings:
Bylaw
2100
Bylaw 1985
Bylaw
2100
Bylaw
2186
Bylaw
2186
Bylaw
2169
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i)
Unless otherwise stated elsewhere in this bylaw height shall be the vertical
distance as measured between the lesser of Average Natural or Average
Finished Grade and:
1) the highest point of a non-sloping roof; or
2) the mid-point between the eaves and peak of a sloping roof; excluding
dormers.
ii)
When a Building constructed on a Parcel for which a grading plan was
approved by the Town as part of the subdivision approval process, Height shall
be the vertical distance as measured from the elevations shown on the
approved grading plan and the highest point of the roof, unless Council, or its
delegate, has approved a development permit for the Building in which case
Height shall be measured from the elevation specified in the development
permit.
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b) For the purposes of measuring Height of a Retaining Wall, Fence, Structure or
Landscape Buffer, Height shall be the vertical distance measured between the
Finished Grade and the highest point of the Retaining Wall, Fence, Structure, or
Landscape Buffer.
c) For purposes of measuring Height of a Building or Structure in a Marine Zone,
Height shall be measured from the surface of the water, except that the Height of a
Gear Locker and any other Structures located on a Dock, Wharf or float shall be
measured from the surface of the Structure on which it is located.
5.13.
Height Exemptions
a) Except as otherwise provided in each particular Zone, no Buildings and Structures
may exceed the Height requirements of this Bylaw, except:
i)
Church spires, belfries, domes, monuments, fire and hose towers, observation
towers, stadium bleachers, radio tower, television tower, satellite signal
receiving apparatus, chimneys, flag poles, mast aerials, cooling towers, elevator
and ventilating machinery, screening for mechanical equipment, stair towers,
monuments, lighting poles, clothes line poles and Solar Energy Devices;
b) The Height exceptions indicated in Section 5.13(a)(i) shall be limited to a Height of
one and a half times the permitted Height for Principal Buildings in the applicable
Zone and provided that such Buildings or Structures do not cover more than 20
percent of the Parcel Area or more than 10 percent of the roof area if located on a
Building or Structure, except in the case of Solar Energy Devices which shall have no
roof coverage limit.
An Illustration of Height
Bylaw
2186
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5.14.
Floor Area Calculations and Exemptions
a) For all Zones where either a Single Unit Dwelling or Two Unit Dwelling is permitted,
the Finished Floor Area shall be measured to the exterior surface of the exterior
walls, excluding:
i)
Exterior cladding and exterior solid wall systems up to a maximum thickness of
0.165 metres in an exterior insulation or weather protection wall system.
ii)
Any portion of a Building used for parking purposes to a maximum floor area
exclusion of 45 square metres, unless such parking is a Principal Use in which
case no exclusion shall be permitted.
iii) Any portion of a Building used for accommodating a swimming pool.
iv) Unenclosed front entry porches, balconies, decks, patios, terraces, or courtyards.
v)
That portion of a Dwelling Unit that is dedicated for a vertical service shaft
extending from the mechanical service area to the roof for the purposes of
solar hot water heating.
vi) Any floor space having a ceiling Height less than or equal to 2.29 metres.
b) For all Multiple-Unit Dwellings and portions of mixed-use Buildings used for
Residential use, the Gross Floor Area shall be measured to the exterior surface of
the exterior wall, excluding:
i)
A maximum of 0.165 metres of thickness of the exterior cladding and/or
exterior solid wall systems, in an exterior insulation or weather protection wall
system.
ii)
Unenclosed balconies, decks, patios, terraces, or courtyards.
iii) Common stairwells, entry lobby, elevator shafts, corridors, recreation facilities,
garbage and recycling facilities, bicycle storage facilities, scooter storage
facilities, common amenity rooms or spaces, common laundry facilities or
swimming pools.
iv) Any portion of a Building used for a mechanical or electrical service room.
v)
Any floor space having a ceiling Height less than or equal to 2.29 metres.
vi) Any non-habitable portions of the Building situated entirely below the Average
Finished Grade that are used solely for parking, storage or cisterns for the
collection of rainwater.
c) For all Produce Stands located in the Agricultural Land Reserve, the Finished Floor
Area shall be measured to the exterior surface of the exterior wall of all indoor
space, excluding washrooms and processing areas, and all outdoor space used for
the storage of products for sale.
d) For a Coach House Dwelling, the Gross Floor Area shall be measured to the exterior
surface of the exterior walls, excluding:
i)
interior staircases to a maximum exclusion of 9.0 square metres.
Bylaw 2100
Bylaw 2100
Bylaw 2138
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ii)
self-contained Accessory space on the First Storey to a maximum exclusion of
60.0 square metres.
iii) exterior cladding and exterior solid wall systems up to a maximum thickness of
0.165 metres in an exterior insulation or weather protection system.
5.15.
Visibility At Intersections
a) In all Zones, except as otherwise expressly provided for in this Bylaw, no Fence,
Landscaping, Retaining Wall or other obstruction shall be erected or allowed to
grow to a Height greater than 1.0 metre from the established Grade of Streets or
Lanes within the sight triangle.
b) The sight triangle is comprised of an area bounded by the intersecting Parcel Lines
at a street corner and a line joining points on the Parcel measured 6.0 metres from
the point of intersection of the Parcel.
5.16.
Storage Regulations
a) No Setback areas required by this Bylaw on any Parcel in any Zone shall be used for
permanent storage.
An illustration of a Sight Triangle
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b) No Parcel in a Residential Zone shall be used for the unenclosed storage of not more
than one Derelict Vehicle.
c) In all other Zones, or as otherwise expressly provided for in this Bylaw, where the
outdoor storage of Derelict Vehicles is required for the operation of a business, the
Derelict Vehicles shall be completely enclosed within a Building or within a
Landscaped or Fenced area so as not to be visible from a Highway.
d) In all Zones, refuse, recycling, organics or other waste that is a wildlife attractant
shall not be stored in such a manner that it is accessible to wildlife.
5.17.
Commercial Vehicle, Trailer, Recreation Vehicle, Boat, or Equipment Parking
or Storage
a) Only on a Parcel where a Single Unit Dwelling is the Principal Use, a commercial
vehicle, trailer, Recreation Vehicle, Boat, contractor's equipment or any similar
vehicle, conveyance, craft or equipment may be parked or stored in an unenclosed
area on a Parcel provided that:
i)
Not more than one commercial vehicle is parked or stored per Parcel, and the
commercial vehicle may not exceed 5,500 kg gross vehicle weight (GVW)
rated capacity.
ii) Not more than one Boat is parked or stored per Parcel, and the Boat may not
exceed a length of 10 metres.
iii) Not more than one Recreation Vehicle is parked or stored per Parcel, and the
Recreation Vehicle may not exceed a length 11 metres.
iv) Recreation vehicles are not occupied overnight while parked or stored, other
than one Short-Term occupancy for guests within one calendar year.
v) Any area used for parking commercial vehicles or contractor's equipment is
situated not less than 1.5 metres from an Interior Side and Rear Parcel Line
and is not situated in the Front or Exterior Side Yards.
b) Notwithstanding Section 5.17(a), one self-contained trailer or recreational vehicle
for providing temporary accommodation to a wrangler, and one animal transport
vehicle for the purposes of vegetation management shall be permitted on a Parcel
for the duration of the works, but in any case, for no more than 30 consecutive days
per work site.
5.18.
Shipping Containers
a) Intermodal Shipping Containers shall be considered an Accessory Structure and shall
satisfy all of the following conditions:
i)
Shall only be permitted in I-1, I-2, W-3 and institutional Zones.
ii)
Shall be limited to a maximum of three (3) intermodal shipping containers per
Parcel.
Bylaw 1985
Bylaw
2169
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iii) When sited in an institutional Zone shall be limited to Accessory storage for
the Principal Use.
iv) Shall be no longer than 13 metres nor wider than 2.5 metres per intermodal
shipping container.
v)
Shall be subject to the siting requirements for Accessory Buildings on the
Parcel where the intermodal shipping container is located.
vi) May be stacked provided that the Height of the shipping containers combined
shall not exceed the maximum Principal Building Height requirements on the
Parcel where the intermodal shipping container is located.
5.19.
Retaining Walls Regulations
a) A single Retaining Wall may not exceed 1.2 metres in Height.
b) All Retaining Walls located within 1.2 metres of each other will be collectively
considered a single Retaining Wall for the purposes of determining Height.
c) Despite Section 5.19(a), a single engineered Retaining Wall used for structural
purposes to create a Yard may exceed 1.2 metres in Height, provided that it:
i)
Is stepped back 2.0 metres for every 3.0 metres in Height; and
ii) Includes a Landscape Screen within the stepped-back area to buffer and
visually conceal the retaining wall.
5.20.
Fence Regulations
a) No Fence shall exceed the following Height limitations, calculated in accordance
with Section 5.12: Height Calculation:
ZONE CATEGORY
YARD
MAXIMUM HEIGHT
Residential
Front
1.2 metres
Exterior Side
1.2 metres
Interior Side or Rear
2.0 metres
Commercial
Side or Rear
2.4 metres
Industrial
Front, Side or Rear
2.4 metres
Institutional
Front, Side or Rear
2.4 metres
b) No Fence in a commercial Zone shall be located within the Front Yard.
Bylaw 1985
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c) Fences for Outdoor Recreation Facilities located in an institutional Zone shall not be
limited in Height provided such Fences are constructed of material that permits
visibility such as chain link.
d) Despite Section 5.20(a), a pergola, trellis, gate or similar Structure shall not exceed
2.7 metres in Height.
e) Despite Section 5.20(a), a solid masonry style fence shall not exceed 0.8 metres in
Height in a Commercial Zone.
5.21.
Residential Community Care Facilities
a) The permitted Use of any Single Unit Dwelling includes the use of the Dwelling as a
licensed community care facility for day care of up to 8 persons or residential care
of up to 6 persons with up to four live-in caregivers.
5.22.
Single Unit Dwelling Horizontal Dimension
a) Except as otherwise provided in this Bylaw, the minimum horizontal Building
dimension for a Single Unit Dwelling is 6.5 metres.
5.23.
Community Water and Community Sewer
a) Except as otherwise provided in this Bylaw, all Uses permitted by this Bylaw are
only permitted if the Use is connected to the Town of Ladysmith community water
system and the community sanitary sewer system.
5.24.
Small-Scale Multi-Unit Infrastructure Extensions
a) Notwithstanding anything in this bylaw, where a residential use is permitted on a
parcels that is :
i.
zoned R-1, R-1-A, R-2, R-2-B, C-1, C-4, RU-1, A-1, A-RR, or CD-3; and
ii.
within an area shown in Schedule C;
the number of dwelling units permitted on the parcel is limited to the
number of units that would otherwise be permitted under this bylaw, prior
to June 27, 2024 , until:
i.
the date of completion of the corresponding infrastructure in Column B; or
ii. the corresponding date in Column C, whichever occurs first
Column
A: Area
Column B: Infrastructure project(s) to be completed
Column C: Date
Bylaw 1904
Bylaw 2163
Bylaw
2186
Bylaw 2186
Bylaw 2194
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A
1.
Secondary access meeting section 5.1.4 of
National Fire Protection Association (NFPA)
standard 1142; and
2. Upgrade and upsizing of the sanitary main
and overflow from Highway 1 to Symonds
Street and 1st Avenue roundabout.
December 31, 2030
B
1.
Upgrade and upsizing of the Mackie Road
sanitary main; or
2.
Upgrade and upsizing of, and connection to
the Highway 1 sanitary trunk main .
December 31, 2030
C
1.
Secondary Access meeting section 5.1.4 of
NFPA standard 1142.
December 31, 2030
D
1.
Upgrade and upsizing of the 4th Avenue
Extension sanitary main.
December 31, 2026
E
1.
Upgrade and upsizing of the Highway 1
sanitary trunk main.
December 31, 2030
PART 6: SPECIFIC USE REGULATIONS
6.1.
Uses Permitted In All Zones
a) Park and Open Space.
b) Public Utility Use.
c) The Use of a Building or part thereof as a polling station for government elections,
referenda, or census, provided that the time period of such Use does not exceed
sixty (60) days.
d) The Use of a Building or part thereof as campaign headquarters for political
candidates, commencing on the issuance of election writ and ceasing on polling
day.
e) Accessory Off-Street Parking required by this Bylaw, excluding a stand-alone surface
or structured parking facility.
f)
The temporary use of land and temporary structures for the purposes of filming for
which a valid film permit has been issued pursuant to "Town of Ladysmith Film
Bylaw 2021, No. 2045
6.2.
Buildings and Structures Permitted In All Zones
a) Accessory Buildings and Structures customarily ancillary to a Principal permitted
Use, provided they are located on the same Parcel or within the same strata plan as
the Principal Use, except as otherwise provided in each particular Zone.
Bylaw 2049
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Bylaw 2140
Bylaw 2163
6.3.
Uses Prohibited In All Zones
a) No Use of Land, Buildings or Structures, including the surface of the water, shall be
used for:
i)
A Big Box Store, specifically excluding Lot A, District Lot 43, Oyster District, Plan
VIP70526 (370 Davis Road) and Lot 1, District Lot 24, Oyster District, Plan
VIP85193 (1020 First Avenue).
ii)
Commercial composting, processing or storage, including production in the
Agricultural Land Reserve for application off of the farm operation; except a
composting facility which handles municipal generated bio-solids.
iii) A Kennel Use.
iv) A Pawnshop Use.
v)
A Slaughterhouse Use, except for activities designated as Farm Use on Lands in
the Agricultural Land Reserve.
vi) A Use with a Drive-through service.
vii) Any Use not listed as a Principal or Accessory Use in this Part or any of
the Zones.
viii) The production of Cannabis except as expressly permitted elsewhere in this
Bylaw, or as a designated farm use under s. 2(2.5) of the Agricultural Land
Reserve Use, Subdivision and Procedure Regulation, B.C. Reg. 171/2002 on
lands designated as Agricultural Land Reserve.
6.4.
Secondary Suite Regulations
a) Secondary Suites, where permitted in this Bylaw, shall satisfy all of the following
conditions:
i.
Secondary Suites in Townhouse Dwellings and Two Unit Dwellings shall not
exceed a floor area of 90 square metres or 40% of the Townhouse Dwelling
or Two Unit Dwelling, whichever is less.
ii.
Shall be contained within a Single Unit Dwelling, Townhouse Dwelling, Coach
House Dwelling or Two Unit dwelling.
6.5.
Coach House Regulations
a) A Coach House Dwelling, where permitted in this Bylaw, shall satisfy all of the
following conditions:
i)
Shall not exceed a Gross Floor Area of 75 square metres unless the Coach
House includes a Secondary Suite in which case the Gross Floor Area shall
not exceed 150 square metres.
ii) Shall not exceed a Height of:
1)
8 metres for a two Storey Coach House Dwelling; or
Bylaw 1904
Bylaw 2021
Bylaw 1978
Bylaw 2100
Bylaw 2140
Bylaw
2186
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2)
5.0 metres for a one Storey Coach House Dwelling.
iii) Shall be located in the Rear Yard or a Side Yard.
6.6.
Caretaker Dwelling Regulations
a) A Caretaker Dwelling:
i)
Shall be limited to one such Building per Parcel, where permitted.
ii)
May be located within the same Building as the Principal Use, an Accessory
Building or a Mobile Home.
iii) Shall be provided with a separate at-Grade entrance.
iv) Shall not exceed a floor area of 90 square metres, and shall not exceed 40% of
the total Gross Floor Area of the Principal Building.
v)
Despite section 5.9(c), a Caretaker Dwelling located in an Accessory Building or
in a Mobile Home may have a maximum Gross Floor Area of 90 square metres.
b) A Caretaker Dwelling, where permitted in this Bylaw, shall satisfy all of the
following conditions:
i)
Shall be located within a single Parcel that includes the Principal Building.
ii)
Shall be prohibited on a Parcel where a Secondary Suite Use, Coach House
Dwelling or a Bed and Breakfast Use is located.
iii) Shall accommodate on the Parcel any required parking.
6.7.
Bed And Breakfast Regulations
a) A Bed and Breakfast, where permitted in this Bylaw, shall satisfy all of the following
conditions:
i.
Shall be operated by an owner of the Single Unit Dwelling, who resides on the Parcel
on which the Bed and Breakfast is located.
ii.
Shall not alter the Principal Residential character or external appearance of
the Dwelling.
iii.
A Guest Room shall not be provided in an Accessory Building unless at least one Guest
Room is provided in a Single Unit Dwelling.
iv.
Shall be limited to a maximum of four (4) Guest Rooms, only one of which may be
located in an Accessory Building.
v.
For clarity, Guest Rooms shall not have Kitchen Facilities, Kitchenettes, or cooking
facilities of any kind.
vi.
Shall be permitted to offer culinary services to guests, including cooking lessons,
which are separate from meals included with accommodation.
Bylaw 1985
Bylaw 2099
Bylaw 2187
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vii.
Shall not provide accommodation to the same person or persons more than 30
consecutive days, or more than 60 days within a single calendar year.
viii.
Shall be prohibited on a Parcel where a Caretaker Dwelling, Secondary Suite, Coach
House Dwelling, Two-unit Dwelling or Multi-unit Dwelling is located."
6.8.
Home Based Business Regulations
a) No more than two Home Based Businesses shall be permitted on a Parcel.
b) Home Based Businesses shall be permitted in the Principal Dwelling Unit, a
Secondary Suite, a Coach House Dwelling, and in an Accessory Building.
c) A Home Based Business, where permitted in this Bylaw, shall satisfy all of the
following conditions:
i)
Shall be wholly contained within the Principal Dwelling Unit, Secondary Suite,
Coach House Dwelling or Accessory Building.
ii)
Not more than two persons may be employed on a Parcel at any time in a
Home Based Business, one of whom shall be a resident of the Dwelling Unit,
except where a Home Based Business occurs within a Secondary Suite or a
Coach House Dwelling, in which case no non-resident employees shall be
permitted.
iii)
Dwelling Type
Home Based Business
Permitted Size
Dwelling Unit
Shall not exceed a maximum of 40.0 square
metres Gross Floor Area or 40 percent of the
Dwelling Unit Gross Floor Area, whichever is less.
Coach House Dwelling
Shall not exceed a maximum of 40.0 square
metres Gross Floor Area or 50 percent of the
Coach House Dwelling Gross Floor Area,
whichever is less.
iv) Shall not involve the ancillary Retail Sales of a product, commodity or
materials unless it is produced on the premises, except for products ancillary
to telephone, internet or mail order sales, provided the customer does not
enter the premises to inspect, purchase or take possession of such an item.
v)
Shall not exceed a maximum of 6.0 square metres of the maximum area of a
Home Based Business established in Section 6.8(c)(iii) for the ancillary Retail
Sales of a product, commodity or materials.
vi) Shall not involve the outdoor storage of material, equipment, apparatus, tools
or articles of trade used in connection with or part of a Home Based Business.
vii) Despite Section 6.8(c)(vi), shall, in the case of contractors, trades people or
mobile services, be limited to only Offices required by such operations and a
Bylaw 1904
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Bylaw 2163
maximum of 45 square metres of enclosed outdoor storage space on the
Parcel for materials and equipment.
viii) Shall accommodate on the Parcel any parking required for the Use of the
Dwelling Unit(s) for a Home Based Business.
ix) Shall, in the case of occupations involving instruction, be limited to a maximum
of two students on the premises per instructor at any one time.
x)
Shall be operated in a manner that is Accessory and subordinate to the
Principal Residential Use and does not alter the Residential appearance or
character of the Building in which it is located.
6.9.
Cottage Industry Regulations
a) A Cottage Industry, where permitted in this Bylaw, shall satisfy all of the
following conditions:
i)
All of the customer operations shall be conducted within the area of the
Building directly accessible from the fronting Street.
ii) No materials or equipment shall be stored outside the premises or the
Building.
iii) All preparation for shipment shall be conducted inside the premises or the
Building and shall not be visible from the Street.
iv) The maximum Gross Floor Area shall be 300.0 square metres.
6.10.
Produce Stand Regulations
a) A Produce Stand, where permitted in this Bylaw, shall satisfy all of the
following conditions:
i)
Shall be limited to one such Use per Parcel, as permitted only where Backyard
Poultry Use, a Farm Use, or Urban Agriculture Use is permitted a permitted
Use.
ii)
Where Urban Agriculture Use or Backyard Poultry Use is permitted, the
Produce Stand Use shall be limited to the sale of products grown and eggs laid
on the Parcel .
iii) Shall be limited to a maximum Gross Floor Area of:
1)
300.0 square metres where located on Parcel within the Agriculture
Land Reserve; or
2)
10.0 square metres when located in a Residential Zone.
iv) Shall not exceed a Height of 2.5 metres;
v)
Shall be limited to one non-illuminated sign, which shall not exceed
0.4 square metres in area;
vi) Shall only sell eggs from Backyard Poultry in accordance with "Town of
Ladysmith Animal Control Bylaw 2024, No. 2167.
Bylaw 1904
Bylaw 2012
Bylaw
2169
Bylaw
2169
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b) A Produce Stand in a Residential Zone shall not be considered a Home Based
Business for the purposes of calculating the number of Home Based Businesses on a
Parcel.
c) A Produce Stand shall be removed seasonally when not in use.
6.11.
Keeping of Bees Regulations
a) A maximum of two (2) hives shall be permitted per Parcel, except in the Agricultural
Land Reserve.
6.12.
Backyard Poultry
a) Where Backyard Poultry is a permitted Accessory Use on a Residential Parcel and
where the Principal Use is a Single Unit Dwelling, a maximum of six (6) Backyard
Poultry shall be allowed on the Parcel provided that the following conditions are
met:
i.
The Residential Parcel is outside of the Backyard Poultry exclusion areas
identified in "Town of Ladysmith Animal Control Bylaw 2024, No. 2167"
Schedule A.
ii.
Backyard Poultry must be housed in a Coop and Pen.
iii.
A Coop and Pen must be located at Finished Grade.
iv.
Backyard Poultry Use shall meet all requirements established in the
"Town of Ladysmith Animal Control Bylaw 2024, No. 2167.
Bylaw
2169
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PART 7: LANDSCAPING AND SCREENING REGULATIONS
7.1.
Landscape Requirements
a) Landscaping and Landscape Buffer requirements shall be included in the Development
Permit for Commercial, Industrial, and Multiple Unit Residential development.
b) Where Shade Trees and/or Landscape Buffers are to be provided the minimum
requirements are provided in this Part 7.
c) Shade Tree requirements are in addition to trees provided in a Landscape Buffer.
d) All Landscaping installations shall meet or exceed the latest editions of the BC
Landscape Standard (BC Society of Landscape Architects/BC Landscape and Nursery
Association) and be regularly maintained.
e) Invasive species shall be removed.
f)
No Fence in any Zone shall be constructed using electrified wire, razor wire, ribbon
wire, barbed wire, ultra-barrier wire, or any other material intended to produce any
sensation or injury to any person or animal having contact with the Fence.
g) Chain link Fences in an Industrial Zone shall be covered by a vinyl coating or
incorporate materials that render the Fence opaque.
h) Despite Section 7.1(f), barbed wire fencing is permitted in the Light Industrial (I-1)
Zone and Industrial (I-2) Zone for security purposes.
7.2.
Landscape Standards
1.
Shade Trees
a)
Shade Trees shall be provided in unenclosed hard-surface parking areas of
four or more parking spaces for Commercial, Industrial, Institutional and
Multiple Unit Residential Zones and Uses.
b)
The number of required Shade Trees is calculated by taking the area (m2) of
the unenclosed parking area divided by 4. The resulting area (m2) is divided
by:
i)
100, if the Shade Tree caliper is at least 6 cm at planting, or
ii)
50, if the Shade Tree size is a minimum #5 pot size at planting.
c)
Where the Shade Tree calculation results in a fraction, the required number of
shade trees shall be rounded to the next highest number.
d)
Shade Trees shall have a minimum of 6 cubic metres of growing medium for
each tree.
e)
Shade Trees shall be protected on all sides with a minimum of 1 metre of
clearance between the tree and an adjacent barrier curb, wheel stop or other
protection from vehicle overhangs.
Bylaw 1904
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f)
Shade Trees shall be located within the parking area and not at or beyond the
edges of the parking area in order to achieve maximum shading of parking
spaces.
2.
Landscape Buffers
a)
Landscape Buffers shall be provided on Parcels in Commercial, Industrial and
Multiple Unit Residential Zones and in other Zones where Commercial,
Industrial and Multiple Unit Dwelling Uses are permitted when the Parcel
abuts a Parcel in a Zone that permits Residential Use.
b)
Despite Section 7.2(2)(a), a Landscape Buffer is not required:
i.
in the C-2 Zone; or
ii.
for a coach house, single-unit dwelling, two-unit dwelling, secondary suite or
combinations thereof.
c)
When a Landscape Buffer is required, the minimum requirements for the
design of the buffer may be satisfied by fulfilling all of Option 1 or Option 2 as
described in Table 7.1: Minimum Landscape Buffer Requirements.
d)
Despite Section 7.2(2)(c), a Landscape Buffer may include and incorporate
existing healthy trees and shrubs that are protected during construction. A
report from an arborist, at the cost of the applicant, may be required to
confirm the health of existing trees and shrubs.
e)
Where existing trees and shrubs are retained, they must be protected during
construction to the furthest extent of the drip line and the Finished Grade of
the Parcel shall not vary from the Natural Grade around the drip line more
than 20 centimetres vertically, unless an arborist report indicates to the
satisfaction of the Town that a greater variance will not harm the trees and
shrubs.
f)
A Landscape Buffer shall only be broken for openings to accommodate access
drives, Lanes and walkways.
g)
All trees provided in a Landscape Buffer shall be protected on all sides with a
minimum of 1 metre of clearance between the tree and an adjacent barrier
curb, wheel stop or other protection from vehicle overhangs, if any.
h)
Landscaping requirements provided in Table 7.1 are illustrated below.
Bylaw 1904
Bylaw 2186
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TABLE 7.1 MINIMUM LANDSCAPE BUFFER REQUIREMENTS
LANDSCAPE BUFFER - OPTION 1
LANDSCAPE BUFFER - OPTION 2
MINIMUM BUFFER WIDTH
3.0 metres
1.5 metres
TREES
Deciduous and/or Coniferous Trees spaced
on average 10 metres on centre
Deciduous and/or Coniferous Trees spaced
on average 6 metres on centre
Planted deciduous trees shall be a minimum
of 6-centimetre caliper at installation and a
minimum Height of 1.5 metres at installation.
Planted deciduous trees shall be a minimum
of 8-centimetre caliper at installation and a
minimum Height of 1.5 metres at installation.
Planted coniferous trees shall have a
minimum Height of 2.5 metres at installation
Planted coniferous trees shall have a
minimum Height of 3.0 metres at installation
Each tree shall have a minimum of 6m3 per tree of growing medium.
HEDGEROW AND SHRUBS
Hedgerows or shrubs or a combination shall be planted as outlined below.
Hedgerows shall have a minimum Height of 1.0 metre at installation and a maximum
mature Height of 1.8 metres, and shall be spaced an average of 900 mm on centre.
Hedgerows shall have a minimum 450 mm depth of growing medium.
#1 pot shrubs shall be spaced on average
1.0 metre maximum on centre.
#2 pot shrubs shall be spaced on average
1.0 maximum on centre
Shrubs shall have a minimum 450 mm depth of growing medium.
GROUNDCOVER
10-centimetre pot groundcover shall be spaced 450 mm maximum on centre.
Groundcover shall have a minimum 300 mm depth of growing medium.
TOPSOIL
Topsoil shall be weed-free and have a minimum depth of 300 mm.
SLOPE OF BERMS
Slope shall not exceed 2:1 (50%) if groundcover or shrubs, and 3:1 (33%) if lawn cover.
IRRIGATION
Automatic high-efficiency (drip) irrigation system.
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An illustration of Growing Medium
An illustration of Landscaping Option 1
An illustration of Landscaping Option 2
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PART 8: PARKING AND LOADING REGULATIONS
8.1.
Application
a) Space for off-street parking and loading in respect of a Use permitted under
this Bylaw shall be provided and maintained in accordance with this Part 8.
b) The regulations contained in this Part 8 shall not apply to Buildings, Structures
and Uses existing on the effective date of this Bylaw nor to any addition to
such Building or Structure, not exceeding 10 percent of its existing Gross Floor
Area, provided that the Building or Structure continues to be put to a Use that
does not require more off-street parking or loading spaces than was required
for the Use existing at the time the Bylaw came into force.
c)
Off-street parking and loading space provided prior to the adoption of this
Bylaw shall not be reduced below the applicable off-street parking and loading
requirements of this Part 8.
d) Despite section 8.1(a), and except for bicycle parking under section 8.3, off-
street parking and loading is not required for non-residential uses in the
downtown area shown in figure 8.1.
e) Required off-street parking spaces shall not be used for any purpose other
than the parking of motor vehicles.
8.2.
Calculation, Location and Design of Off-Street Parking and Loading Spaces
1.
Calculation of Off-Street Parking Spaces
a) The number of off-street parking spaces for vehicles required for any Use is
calculated according to Table 8.1: Required Off-Street Parking Spaces in which
Column 1 classifies the types of Uses and Column 2 sets out the number of
required off-street parking spaces that are to be provided for each Use in
Column 1.
i)
Where the number of employees is used as a unit of measurement, it
shall mean the greatest number of persons anticipated to work at any
time of the day or night in the Building or for a particular Use during any
season of the year.
ii) Where seating is used as a unit of measurement and consists of benches,
pews, booths or similar seating, each 0.5 metre of width of such seating
shall be deemed to be one seat.
iii) Where the calculation of the required off-street parking results in a
fraction of 0.5 or greater, the next highest whole number shall be
required, but in no instance shall less than 1 space be required.
iv) Where more than one standard may apply to a Use, the standard
requiring the greatest number of parking spaces shall be used.
Bylaw 2140
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v) Where a Use permitted under this Bylaw is not specifically referred to in
Column 1 of Table 8.1, the number of off-street parking is calculated on
the basis of the requirements for the most similar Use that is listed in
Table 8.1.
vi) For mixed Use developments incorporating Residential Uses, Residential
parking requirements shall be calculated exclusive of other Uses to
ensure that adequate parking is provided to residents.
b) Where more than one Building or Use is located on a Parcel, the required
number of off-street parking spaces shall be the sum of the requirements for
each Use, unless otherwise expressly provided for in this Bylaw.
TABLE 8.1: REQUIRED OFF-STREET PARKING SPACES
COLUMN 1
USE
COLUMN 2
REQUIRED NUMBER OF SPACES
ASSEMBLY, INSTITUTIONAL
Assembly
1 per 30 square metres of Gross Floor Area
Civic Use
1 per 30 square metres of Gross Floor Area
Community Care Facility
1 per 2 beds, OR 1 per employee,
PLUS 2 spaces, whichever is greater
Community Care Facility, Residential
1 per operation, plus one per employee
Cultural Facility
1 per 30 square metres of Gross Floor Area
OR 1 per 8 seats, whichever is greater
Post-Secondary Institution
8 per classroom
Railway Passenger Depot
1 per 20 square metres Gross Floor Area
School
Elementary or Middle: 1 per classroom
Secondary: 3 per classroom
Other Assembly, Civic
or Cultural Uses
1 per 30 square metres of Gross Floor Area
Other Institutional Uses
1 per 40 square metres of Gross Floor Area
Bylaw
1904
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COLUMN 1
USE
COLUMN 2
REQUIRED NUMBER OF SPACES
COMMERCIAL
Animal Day Care, Animal Shelter,
Animal Grooming, Veterinary Clinic
1 per 30 square metres of Gross Floor Area
Artist Studio
1 per 30 square metres of Gross Floor Area
Boat, Motor Vehicle, Machinery
and Equipment, Non-motorized
Recreation Equipment Sales or Rental
1 per 40 square metres of Gross Floor Area
Cannabis Retail Sales
1 per 30 square metres of Gross Floor Area
Commercial Indoor Storage
1 per 10 public storage units
Commercial Plant Nursery
1 per 30 square metres of Gross Floor Area
Commercial School
1 per 35 square metres of Gross Floor Area
Convenience Store
1 per 40 square metres of Gross Floor Area
Funeral Home
1 per 8 seats
Garden Centre
1 per 30 square metres of Gross Floor Area
Gas Bar
1 per 2 employees
Laboratory
1 per 30 square metres of Gross Floor Area
Liquor Retail Sales
1 per 30 square metres of Gross Floor Area
Motor Vehicle Body Shop
2 per service bay
Office
1 per 30 square metres of Gross Floor Area
Personal Service Establishment
1 per 30 square metres of Gross Floor Area
Bylaw
1904
Bylaw
2021
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COLUMN 1
USE
COLUMN 2
REQUIRED NUMBER OF SPACES
Personal Repair Services
1 per 30 square metres of Gross Floor Area
Restaurant, Coffee Shop,
Neighbourhood Pub
1 per 5 seats
Retail Sales
1 per 30 square metres of Gross Floor Area
Service Station
1 per 2 employees, PLUS 2 per service bay
Tourist Accommodation
1 per Accommodation Unit, PLUS 2.15
per 100 square metres of dining area
Other Commercial
1 per 40 square metres of Gross Floor Area
INDUSTRIAL
Building Supply Sales
1 per 40 square metres of Gross Floor Area
Freight Handling or Distribution
0.5 per employee, plus 1 per 100 square metres
of Gross Floor Area, plus 1 per fleet vehicle
Manufacturing
0.5 per employee, plus 1 per 100 square metres
of Gross Floor Area, plus 1 per fleet vehicle
Cannabis Cultivation, Cannabis
Processing, Cannabis Micro-
Cultivation, Cannabis Micro-
Processing
0.5 per employee, plus 1 per 100 square metres of
Gross Floor Area, plus 1 per fleet vehicle
Cannabis Research and Development
1 per 30 square metres of Gross Floor Area
Sawmills, Shake and Shingle Mill
0.5 per employee, plus 1 per 150 square metres
of Gross Floor Area
Tow-Truck Dispatch
0.5 per employee, plus 1 per fleet vehicle
Warehouse
1 per 200 square metres of Gross Floor Area
Wholesale Sales
0.5 per employee, plus 1 per 100 square metres
of Gross Floor Area, plus 1 per fleet vehicle
Other Industrial Uses
0.5 per employee, plus 1 per 150 square metres
of Gross Floor Area
Bylaw
1978
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COLUMN 1
USE
COLUMN 2
REQUIRED NUMBER OF SPACES
MARINE
Boat Launch
20 per ramp (parking space size 3m x 9 m)
Marina
1 per 3.0 slips, berths or stalls
Moorage, Commercial Moorage
1 space per 3.0 slips, berths or stalls, plus 1 space
for each 10 square metres of Gross Floor Area of
any clubhouse space
Other Marine Uses
1 per 3.0 slips, berths or stalls, or 1 per 40 square
metres of Gross Floor Area, whichever is greater
RECREATION
Community Park,
Outdoor Recreation Facility
1 per 200 square metres gross field area
Golf Course
1 per 5 holes
Golf Driving Range
1 per tee
Indoor Recreation Facility
1 per 30 square metres of Gross Floor Area
1 per 10 square metres ice or gym area
1 per 4 square metres pool surface
Neighbourhood Park
4 per park
Park and Open Space
1 per 200 square metres gross field area
Other Recreation Uses
1 per 30 square metres of Gross Floor Area
RESIDENTIAL
Bed and Breakfast
1 per Guest Room
Dwelling Unit
1 per Dwelling Unit
Bylaw 2186
Bylaw 2187
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2.
Shared Off-Street Parking Option
a) Despite Section 8.2(1) Calculation of Off-Street Parking Spaces, where two or
more non-Residential Uses are located on the same Parcel, the sharing of the
off-street parking spaces shall be permitted to reduce the amount of required
parking in accordance with the following method:
i)
Determine the off-street parking requirements for each Use separately
according to Section 8.2(1) and Table 8.1: Required Off-Street Parking
Spaces.
ii) Apply the off-street parking requirements for each Use to the
percentages in each occupancy period column in Table 8.2: Shared
Parking Use Class and Occupancy Periods.
iii) Add together the resulting off-street parking requirement for each
occupancy period column in Table 8.2.
iv) The occupancy period column with the highest total represents the new,
shared off-street parking requirement for non-Residential Uses.
TABLE 8.2: SHARED PARKING USE CLASS AND OCCUPANCY PERIODS
CLASSES
OF USE
OCCUPANCY PERIOD
Weekday
Weekend
8:00am -
5:00pm
6:00pm -
12:00am
12:00am -
6:00am
8:00am -
5:00pm
6:00pm -
12:00am
12:00am -
6:00am
Assembly/Civic/
Cultural
10%
5%
5%
100%
50%
5%
Commercial
90%
80%
5%
100%
70%
5%
Industrial
100%
20%
5%
5%
5%
5%
Institutional
100%
20%
5%
10%
10%
5%
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Office
100%
20%
5%
5%
5%
5%
Recreation
40%
80%
10%
80%
100%
10%
Restaurant
70%
100%
10%
70%
100%
100%
Tourist
Accommodation
70%
100%
100%
70%
100%
100%
3.
Payment In-Lieu of Parking
a) An owner of a Parcel, Building or Structure may, in lieu of providing off-
street vehicle parking, pay to the Municipality:
i.
Four thousand dollars ($4,000) per off-street parking space for a
mixed-use development containing a Residential Use or a
development in a Zone where a Residential Use is not permitted; or
ii.
Six thousand dollars ($6,000) per off-street parking space for all
other developments.
b) The provision under subsection a) shall be subject to the following
conditions:
i.
The payment in-lieu of parking option may not be applied to more
than 50% percent of required off-street parking spaces;
ii.
The payment in-lieu of parking option may not be applied to
required bicycle parking spaces;
iii.
Except for uses within the downtown area shown in figure 8.1, the
payment in-lieu of parking option shall not be applied to required
Residential off-street parking spaces.
iv.
For uses within the downtown area shown in figure 8.1, the
payment in-lieu of parking may be applied to up to 50% of required
Residential off-street parking spaces.
c) Cash in lieu of parking shall be deposited into a reserve under Section
525(7)(a)(ii) of the Local Government Act for the purpose of providing
transportation infrastructure that supports walking, bicycling, public transit or
other sustainable forms of transportation.
Bylaw
2140
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FIGURE 8.1: PARKING PAY-IN-LIEU AREA
4.
Small Car Parking Option
a) Small car parking spaces may be provided in accordance with the
following conditions:
i)
A maximum of 25 percent of the total off-street parking requirement
may be designated as small car spaces;
ii) Small car parking spaces shall be clearly marked using a vertical sign or
a sign painted on the surface of the parking space; and
iii) Dimensions for small car parking spaces shall satisfy the size
requirements in Table 8.4: Dimensions of Parking and Loading Spaces.
5.
Motorcycle and Scooter Parking Option
a) Motorcycle and scooter parking may be provided in accordance with the
following conditions:
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i)
Residential parking space requirements are not eligible for the
motorcycle and scooter parking option;
ii) A maximum of 5 percent of the total off-street parking requirement may
be designated for the use of motorcycles or scooters;
iii) Each motorcycle and scooter parking space shall be counted as 0.5 of the
required off-street parking space;
iv) Motorcycle and scooter parking spaces shall be clearly marked by a
vertical sign or a sign painted on the surface of the parking space; and
v) Dimensions for motorcycle and scooter parking spaces shall satisfy the size
requirements in Table 8.4: Dimensions of Parking and Loading Spaces.
6.
Parking Spaces for Persons with Disabilities
a) Commercial, Industrial, multiple-unit Residential, and institutional Uses shall
provide off-street parking spaces for persons with disabilities as follows:
i)
One space shall be provided where 10 to 20 parking spaces are required.
ii) Two spaces shall be provided where 21 to 50 parking spaces are required;
and
iii) One additional space shall be provided for each additional 30 required
parking spaces.
b) Dimensions for off-street parking spaces for persons with disabilities shall satisfy
the size requirements in Table 8.4: Dimensions of Parking and Loading Spaces.
c)
The design of each parking space for persons with disabilities shall:
i)
Be marked with a vertical sign high above the surface of the parking area
as well as a sign painted on the surface of the parking area; and the signs
shall contain the universally applied logo.
ii) Provide a safe, level and convenient path of access and egress to the
entrance of Building, Structure or Use that it is intended to serve or to a
curb cut which provides access and egress to a sidewalk.
iii) Have an adjacent access aisle, with diagonal markings, that has a
minimum width of 1.2 metres.
iv) Have a surface that is level, stable, firm, and slip-resistant in the parking
space and in the access aisle.
v) Be in accordance with the design requirements in the current edition of
the British Columbia Building Code.
7.
Off-Street Loading Spaces
a) The number of off-street loading spaces required for any Use is calculated
according to Table 8.3: Required Off-Street Loading Spaces in which Column 1
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classifies the types of Uses and Column 2 sets out the number of required
off-street loading spaces that are to be provided for each Use in Column 1.
b) In respect of a Use permitted under this Bylaw, which is not specifically
referred to in Column 1 of Table 8.3, the number of off-street loading spaces is
calculated on the basis of the requirements for the most similar Use that is
listed in Table 8.3.
c)
Where more than one Building or Use is located on a Parcel, the required
number of off-street loading spaces shall be the sum of the requirements for
each Use.
d) Off-street loading spaces shall not be used as off-street parking spaces.
e) Required off-street loading spaces shall be provided on the same Parcel as the
Building for which they are required.
f)
Dimensions for loading spaces shall satisfy the size requirements in Table 8.4:
Dimensions of Parking and Loading Spaces.
g) The design of every off-street loading area shall:
i)
Provide vehicular ingress and egress to a Street or Lane.
ii) Not be located in the Front Yard.
iii) Be sited at an elevation or elevations equivalent to a floor level in the
Building or to a utility elevator serving each floor.
iv) Be provided with sufficient manoeuvring space to avoid conflicts with any
pedestrian access, bike path, parking space, Street, Lane, or Highway.
v) Be graded and drained to dispose of all surface water and in no case
shall drainage be allowed to cross sidewalks.
vi) Be constructed of a hard surface such as asphalt, concrete or other dust
free material.
vii) Be clearly delineated and marked by painted lines and signing.
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TABLE 8.3: REQUIRED OFF-STREET LOADING SPACES
8.
Location of Parking Spaces
a) Required off-street parking spaces shall be provided on the same Parcel as the
Building for which they are required.
9.
Design Standards for Off-Street Parking and Loading Areas
a) Dimensions for off-street parking and loading spaces shall satisfy the size
requirements in Table 8.4: Dimensions of Parking and Loading Spaces.
b) When a parking space adjoins a Fence, wall or Structure over 0.3 metres in
Height, the width of the parking space shall be increased by 0.3 metres on the
side or sides, which abut such Fence, wall or Structure.
USE
REQUIRED NUMBER OF SPACES
Commercial
Industrial
Or any similar use
1 per 300 to 500 square metres
of Gross Floor Area
2 per 501 to 2,500 square metres
of Gross Floor Area
Plus 1 per each additional
2,500 square metres of Gross Floor
Area
Office, Assembly
Civic, Institutional
Public Utility
Or any similar use
1 per 3,000 square metres of
Gross Floor Area; plus 1 per each
additional 3,000 square metres
of Gross Floor Area
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TABLE 8.4: DIMENSIONS OF PARKING AND LOADING SPACES
TYPE OF SPACE
MINIMUM DIMENSIONS
Width
Length
Height
Standard Parking Space
2.6 metres
5.8 metres
2.2 metres
Small Car Parking Space
2.5 metres
4.9 metres
2.2 metres
Parallel Parking Space
2.5 metres
7.0 metres
2.2 metres
Motorcycles and Scooter
Parking Space
1.4 metres
2.4 metres
2.2 metres
Boat Launch Parking Space
3.0 metres
9.0 metres
2.2 metres
Parking Space for Persons
with Disabilities
2.5 metres
(with adjacent aisle
1.2m in width)
5.8 metres
2.75 metres
Loading Space
3.0 metres
9.0 metres
4.0 metres
c) An off-street parking area shall be constructed to permit unobstructed access to
and egress from each space at all times.
d) Vehicle access to all parking spaces shall be provided by means of unobstructed
manoeuvring aisles, each having widths not less than:
i)
7.3 metres - where parking spaces are located at 90 degrees to the
manoeuvring aisle providing access to the space.
ii) 5.2 metres - where parking spaces are located at 60 degrees to the
manoeuvring aisle providing access to the space.
iii) 3.7 metres - where the parking spaces are located at 45 degrees or less to
the manoeuvring aisle providing access to the space.
e) Where parking spaces are located at 60 degrees, 45 degrees, or less to the
manoeuver aisle, only one-way traffic is permitted in the manoeuvring aisle.
f)
Parking spaces for Single Unit Dwellings, Secondary Suites, Coach House
Dwellings and Home Based Business may be arranged in tandem such that one
space is located behind the other space with a common or shared point of
access to a Highway.
g) All parking areas shall be designed with a minimum of one designated
pedestrian path from each abutting Street to the primary entrance(s) to
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Buildings served by the parking area, with such paths being visibly and physically
distinguished from the vehicle driving surfaces through the use of raised
sidewalks, special pavers, bricks, or scored/stamped coloured concrete or other
approved hardscape material.
h) All access points to an off-street parking or loading area shall require a Driveway
Access Permit.
i)
Signs and markers may be required to indicate access points to an off-street
parking or loading area, and to indicate direction of traffic movement.
j)
All parking areas with 4 or more parking spaces shall be surfaced with a
permanent hard surface of asphalt; concrete; Permeable or porous pavement,
such as open-jointed pavers, turf or gravel grids or porous concrete or asphalt;
interlocking paving stones, or similar hard surface treatment so as to provide a
surface that is durable and dust free for the purpose intended. An oil/water
separator shall be installed and maintained.
k) All parking areas and loading areas shall be graded in a manner so as to contain
and dispose of all surface water on-site in a manner approved by the Town. If
on-site disposal is not possible, then all surface water must drain to a Town
storm sewer system or other approved drainage facility.
l)
All parking areas containing more than four (4) parking spaces shall be provided
with adequate curbs or wheel stops in order to retain all vehicles within the
parking area and to ensure that Fences, Retaining Walls, Landscaping,
pedestrian paths, as well as any Buildings or Structures are protected.
m) The Landscaping and screening of all parking areas and loading areas shall be
subject to Part 7: Landscaping and Screening Regulations.
n) Any lighting used to illuminate a parking area, parking garage, or loading area
shall be arranged and shielded so that all rays of light are directed on the
parking area, parking garage or loading area, and not on any adjoining Parcels.
8.3
Calculation and Design of Off-Street Bicycle Parking Spaces
1.
Calculation of Off-Street Bicycle Parking Spaces
a) The number of off-street bicycle parking spaces and end-of trip bicycle
facilities required for any Use is calculated according to Table 8.5 in which
Column 1 classifies the types of Use, Column 2 sets out the number and type
of required off-street bicycle parking spaces, and Column 3 sets out the
number and type of required end-of-trip bicycle facilities that are to be
provided for each Use in Column 1.
i)
Where the number of employees is used as a unit of measurement, it
shall mean the greatest number of persons anticipated to work at any
time of the day or night in the Building or for a particular Use during any
season of the year.
Bylaw 2140
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59
ii) Where the calculation of the required off-street bicycle parking results in a
fraction of 0.5 or greater, the next highest whole number shall be required.
TABLE 8.5: REQUIRED BICYCLE PARKING AND END-OF-TRIP BICYCLE FACILITIES
COLUMN 1
USE
COLUMN 2
REQUIRED NUMBER OF
SPACES
COLUMN 3
REQUIRED END-OF-TRIP BICYCLE
FACILITIES
Multiple Unit
Dwellings
1.0 Long-term Bicycle Parking
Space per unit, at least 10% of
which shall be Oversized
Bicycle Parking Spaces; and
0.25
Short-term
Bicycle
Parking Space per unit
At least 50% of required Long-term
Bicycle Parking Spaces and 20% of
required Short-term Bicycle Parking
Space shall be within 1.5 metres of a
110v electric outlet for charging e-
bikes.
Non-
Residential
1.0 Long-term Bicycle Parking
Space per 10 employees ; and
Short-term Bicycle Parking
Spaces equal to 10% of
required off-street vehicle
parking spaces
At least 50% of required Long-term
Bicycle Parking Spaces and 20% of
required Short-term Bicycle Parking
Space shall be provided with a 110v
electric outlet within 1.5 metres of
the parking space.
0.5 lockers per required Long-term
Bicycle Parking Space; and
1 shower per 15 required Long-term
Bicycle Parking Spaces where the
number of required Long-term
Bicycle Parking Spaces exceeds 15.
2.
Design Standards for Bicycle Parking Spaces
a)
All required bicycle parking spaces shall be located so as to not obstruct
pedestrian movement, and must not be placed in fire zones, loading zones, or
other areas where unobstructed access is required.
b)
All required bicycle parking shall be provided on a 24 hour per day basis for every
day or portion thereof where a Use is in operation, whether the Use is in operation
in whole or in part.
d)
Long-term Bicycle Parking Spaces shall be at least 0.6 metres in width, 1.8 metres
in length, and 1.9 metres in height.
e)
Oversized Bicycle Parking Spaces shall be at least 3.0 metres long and 0.9 metres
wide, and 1.9 metres high.
Bylaw 2140
Bylaw 2140
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f)
Except for Long-term Bicycle Parking under subsection (d), required Long-term
Bicycle Parking and Oversized Bicycle Parking Spaces shall:
i.
be enclosed, at a minimum, by chain-link walls and constructed of theft-
resistant materials;
ii. be hinged from the inside unless the hinges are tamper proof;
iii. have a separate entry lock and key or a programmed entry system;
iv. where bicycle lockers are used, have lockable doors, which open to the full
height and width of each locker;
v.
be accessible to and from the outside by a stair-free route and, where
accessed by an elevator, by a suitably sized and designed elevator; and
vi. be separated from other storage areas and waste collection areas.
g)
Required Long-term Bicycle Parking may be provided inside a Dwelling Unit, or an
adjacent outdoor amenity area under subsection (v), under the following
conditions:
i)
Up to one required bicycle space may be provided per Dwelling Unit.
ii. The bicycle parking space must be provided adjacent to an exterior door and
situated to allow the bicycle to be stored without travelling through the living
space of the Dwelling Unit.
iii. The Dwelling Unit and bicycle parking space must be accessible to and from
the outside by a stair-free route and, where accessed by an elevator, by a
suitably sized and designed elevator.
iv. The flooring in the bicycle parking space and access to the bicycle parking
space shall be free of carpet and constructed to withstand bicycle traffic.
v.
The bicycle parking space shall not be provided on an exterior balcony, patio
or other outdoor area, unless the parking space is provided in the form of a
bicycle locker.
vi. At least one exterior hose connection or bike washing station must be located
on the parcel and accessible to the Dwelling Unit(s) where the in-unit bicycle
parking is provided.
h)
Required Short-term Bicycle Parking shall:
i.
Be accessible from a 1.2 metre wide front aisle and a 0.5 metre rear aisle,
separate from pedestrian access;
ii. located within 15.0 metres of a Principal Building entry in a well-lit area,
clearly visible from the Principal Building, Street or both;
iii. accessible by a stair-free route and, where accessed by an elevator, by a
suitably sized and designed elevator;
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iv. be securely installed to the floor or ground;
v. be easily identifiable as a bicycle rack; and
vi. shall not have any sharp edges or projections and use materials and paint that
are resistant to rust, corrosion and vandalism.
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Bylaw 2163
PART 9: CREATION AND DEFINITION OF ZONES
9.1.
Creation of Zones
a) For the purpose of this Bylaw, the Town of Ladysmith is divided into the following
Zone designations and their short form equivalents:
ZONE DESIGNATION
SHORT FORM EQUIVALENT
Rural Residential
RU-1
Single Dwelling Residential
R-1
Single Dwelling Residential - Small Lot A Zone
R-1-A
Old Town Residential
R-2
Oyster Cove Residential
R-2-B
Medium Density Residential
R-3
Low Density Residential
R-3-A
Manufactured Home Park
MHP-1
Multi-Family Mixed-Use
R-4
Local Commercial
C-1
Downtown Commercial
C-2
Highway Service Commercial
C-3
Tourist Service Commercial
C-4
Shopping Centre Commercial
C-5
Live/Work Industrial
I-1A
Light Industrial
I-1
Industrial
I-2
Institutional
P-1
Park and Recreation
P-2
Nature Park
P-3
Recycling Depot
P-4
Primary Agriculture
A-1
Agriculture and Resort Recreation
A-RR
Forestry
F-1
Bylaw 1912
Bylaw 2063
Bylaw 2186
Bylaw 2163
Bylaw 1912
Bylaw 2063
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ZONE DESIGNATION
SHORT FORM EQUIVALENT
Marine Residential Moorage
W-1
Marina
W-2
Marine Industrial
W-3
Marine Harvesting
W-4
Marine Conservation
W-5
Marine Park and Recreation
W-P
Cluster Residential
CD-2
Malone Residential
CD-3
Waterfront Reserve
CD-4
Community Housing Zone
CD-5
Belaire Mixed-Use
CD-6
Rocky Creek Road Mixed-Use Residential
CD-7
9.2.
Definition Of Zones
a) The location and extent or area of each Zone established by this Bylaw and shown
on Schedule B, entitled "Zoning Bylaw Map", with all explanatory matter thereon, is
hereby made and declared to be an integral part of this Bylaw and which bears the
words "Zoning Bylaw Map - Schedule B to Zoning Bylaw No. 1860" as referred to in
the "Town of Ladysmith Zoning Bylaw 2014, No. 1860".
9.3.
Zone Boundaries
a) When the Zone boundary is designated on the "Zoning Bylaw Map" as following a
road allowance or Watercourse, the centre line of such road allowance or
Watercourse shall be the Zone boundary.
b) Where a Zone boundary does not follow a legally defined line, and where distances
are not specifically indicated, the location of such boundary shall be determined by
scaling from the Zoning Bylaw Map.
c) Where a Parcel is divided by a Zone boundary, such Parcel shall be considered as
two distinct Parcels for the purpose of determining permitted Uses and density.
d) Where Land that originally formed part of a Lane or Street is consolidated into a Parcel,
such Lane or Street shall be deemed to have the same Zone designation as the Parcel.
e) Where Land covered by water has accreted to the upland, it shall be deemed to
have the same Zone designation as the upland.
Bylaw 1983
Bylaw 2020
Bylaw 2103
Bylaw 2069
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PART 10: RESIDENTIAL ZONES
10.1.
RURAL RESIDENTIAL (RU-1)
The purpose of the Rural Residential Zone is to accommodate low density
residential development on larger parcel sizes.
1.
Principal Uses
a) Single Unit Dwelling
b) Two Unit Dwelling
2.
Accessory Uses
c)
Secondary Suite, subject to Part 6, Section 6.4.
d) Coach House Dwelling, subject to Part 6, Section 6.5.
e) Home Based Business, subject to Part 6, Section 6.8.
f)
Urban Agriculture.
g) Bed and Breakfast, subject to Part 6, Section 6.7.
h) Backyard Poultry, subject to Part 6, Section 6.12
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 0.4 ha.
4.
Size and Density of the Use of Land, Buildings and Structures
a) No Single Unit Dwelling shall have a Finished Floor Area that is greater than
240.0 square metres.
b) No Two Unit Dwelling shall have a Finished Floor Area that is greater than
390.0m².
c)
The maximum number of Dwelling Units permitted per Parcel is as shown in
the Table below:
PARCEL AREA
MAXIMUM DWELLING
UNITS PERMITTED
4,050.0 square metres or larger
Two units
Less than 280.0 square metres
Three units
Between 280.0 square metres and 4,050.0
square metres
Four units
d) No Buildings or Structures shall exceed a Parcel Coverage of 30.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall exceed a Height of 11.0 metres.
Bylaw 2099
Bylaw 2186
Bylaw 2186
Bylaw 2169
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b) No Accessory Building or Structure for an Urban Agriculture Use shall exceed a
Height of 12.0 metres, measured to the highest point of the roof.
c)
All other Accessory Buildings or Structures shall not exceed a Height of
3.5 metres.
d) No Building or Structure shall be located closer to the Parcel Line than the
minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
46 metres
Interior or Exterior Side Parcel Line
1.2 metres
Rear Parcel Line
4.5 metres
e) Buildings containing dwelling units on the same parcel shall be separated by a
minimum horizontal distance of:
i.
2.4 meters, where each building is sprinklered; and
ii.
4.8 meters, where any part of a building is not sprinklered.
6.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
Bylaw 2186
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10.2.
SINGLE DWELLING RESIDENTIAL (R-1)
The purpose of the Single Dwelling Residential Zone is to accommodate residential
development within a neighbourhood setting.
1.
Principal Uses
a) Single Unit Dwelling.
b) Two Unit Dwelling.
2.
Accessory Uses
a) Secondary Suite, subject to Part 6, Section 6.4.
b) Coach House Dwelling, subject to subject to Part 6, Section 6.5.
c)
Home Based Business; subject to Part 6, Section 6.8.
d) Urban Agriculture.
e) Bed and Breakfast, subject to Part 6, Section 6.7.
f)
Backyard Poultry, subject to Part 6, Section 6.12
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 668 square
metres.
b) No Parcel shall be created which has a Frontage less than 18.28 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) Where only one dwelling unit is constructed on a parcel, no Single Unit
Dwelling shall have a Finished Floor Area that exceeds 240.0 square metres.
b) The maximum number of Dwelling Units permitted per Parcel is as shown in
the Table below:
PARCEL AREA
MAXIMUM DWELLING
UNITS PERMITTED
4,050.0 square metres or larger
Two units
Less than 280.0 square metres
Three units
Between 280.0 square metres and 4,050.0
square metres
Four units
c)
No Buildings or Structures shall exceed a Parcel Coverage of:
i.
33.0 percent where only one dwelling is located on a parcel; and
ii.
50.0 percent where more than one dwelling unit is located on a parcel.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
Bylaw 2186
Bylaw 2186
Bylaw 2169
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67
a) No Principal Building or Structure shall exceed a Height of 11.0 metres.
b) No Accessory Building or Structure shall exceed a Height of 3.5 metres.
c)
No Principal Building or Structure or, Coach House Dwelling shall be located
closer to the Parcel Line than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
1.2 metres
Rear Parcel Line
1.5 metres
d) No Accessory Building or Structure shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
Rear Parcel Line
1.0 metres
e) Buildings containing dwelling units on the same parcel shall be separated by a
minimum horizontal distance of:
i.
2.4 meters, where each building is sprinklered; and
ii.
4.8 meters, where any part of a building is not sprinklered.
6.
Parking and Loading
f)
Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
7.
Site Specific Regulations
g) For the Parcel legally described as Lot A, District Lot 129, Oyster District, Plan
VIP56439 (1141 Cloke Road) the following site specific regulations shall apply:
i) Despite Section 5.14(d)(ii) the Gross Floor Area of a self-contained
Accessory space on the First Storey of a Coach House Dwelling shall have
a maximum exclusion of 84.0 square metres.
Bylaw 1904
Bylaw 2061
Bylaw 1904
Bylaw 2064
Bylaw 2135
Bylaw 2186
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10.3.
SINGLE DWELLING RESIDENTIAL - SMALL LOT A ZONE (R-1-A)
The purpose of the Single Dwelling Residential Small Lot A Zone is to accommodate
residential development on small parcels in residential areas.
1.
Principal Uses
a) Single Unit Dwelling.
b) Two Unit Dwelling.
2.
Accessory Uses
a) Secondary Suite, subject to Part 6, Section 6.4.
b) Coach House Dwelling, subject to Part 6, Section 6.5.
c)
Home Based Business, subject to Part 6, Section 6.8.
d) Urban Agriculture.
e) Backyard Poultry, subject to Part 6, Section 6.12
f)
Bed and Breakfast subject to Part 6, Section 6.7
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 300 square
metres.
b) No Parcel shall be created which has a Frontage less than 10 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) No Principal Building shall have a Finished Floor Area that is greater than 230.0
square metres.
b) The maximum number of Dwelling Units permitted per Parcel is as shown in
the Table below:
PARCEL AREA
MAXIMUM DWELLING
UNITS PERMITTED
Greater than 4,050.0 square metres
Two units
Less than 280.0 square metres
Three units
Between 280.0 square metres and ≤4,050.0
square metres
Four units
c)
No Principal Buildings or Structures shall exceed a Parcel Coverage of:
i.
33.0 percent where only one dwelling is located on a parcel; and
ii.
50.0 percent where more than one dwelling unit is located on a parcel.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 11.0 metres.
Bylaw 1904
Bylaw 2099
Bylaw 2186
Bylaw 2186
Bylaw 2187
Bylaw 2169
Bylaw 2213
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b) No Accessory Building or Structure shall exceed a Height of 3.5 metres.
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c)
No Principal Building or Structure shall be located closer to the Parcel Line than
the minimum Setback show in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
4.0 metres
Interior or Exterior Side Parcel Line
1.2 metres
Rear Parcel Line
1.5 metres
d) No Accessory Building or Structure shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
Front Parcel Line
4.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
Rear Parcel Line
1.0 metres
e) Buildings containing dwelling units on the same parcel shall be separated by a
minimum horizontal distance of:
i.
2.4 meters, where each building is sprinklered; and
ii.
4.8 meters, where any part of a building is not sprinklered
6.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
7.
Other Regulations
a) A Dwelling Unit having a minimum horizontal Building dimension
less than 6.5 metres shall be permitted on those locations
identified in Figure 10.3.1: Plan of Parcels Where a Mobile Home
is Permitted.
Bylaw
2113
Bylaw 2186
Bylaw 2186
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FIGURE 10.3.1: PLAN OF PARCELS WHERE A MOBILE HOME IS PERMITTED
b) For the Parcels shown in Figure 10.3.2, below, no Principal
Building or Structure shall be located closer to the Parcel Line than
the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
2.0 metres
Interior or Exterior Side Parcel Line
0.6 metres to one Parcel Line and
1.2 metres to the other Parcel Line
Interior or Exterior Side Parcel Line for
400 to 444 Resolution Place
(Lots 1 to 7, District Lot 146,
Oyster District, Plan VIP31093, and
Lots 16 to 20, District Lot 146,
Oyster District, Plan VIP31093)
One side Parcel Line Setback may
be reduced to zero metres for the
Principal Building where the
Principal Building on the adjacent
Parcel does not also have a zero
metre Setback, as shown in Figure
10.3.2.
Rear Parcel Line
1.5 metres
Bylaw 2107
Bylaw 2186
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FIGURE 10.3.2: PLAN OF REDUCED SIDE SETBACKS
8. Site Specific Regulations
a) Despite section 5.c) and 5.d), the Front Parcel Line Setback for a Principal
Building or Structure and an Accessory Building or Structure is 3.0 metres, for
the area shown in Figure 10.3.3
FIGURE 10.3.3 PLAN OF FRONT PARCEL LINE SETBACK
REDUCTION AREA
b) For Lot 5 Block 1399 Oyster District Plan VIP75559 (PID: 025-708-660) in the R-1-A
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Zone in addition to the permitted uses under sections 10.3.1 and 10.3.2, the
Principal and Accessory Uses of the R-3-A zone are permitted in Area A in figure
10.3.4 and shall be subject to the regulations of the R-3-A zone.
c) For Lot 5 Block 1399 Oyster District Plan VIP75559 (PID: 025-708-660) in the R-1-A
Zone as a density benefit pursuant to section 482 of the Local Government Act and
notwithstanding sections 10.3.3(a), 10.3.8(a) and 10.8.4(b), the maximum number
Dwelling Units, excluding Secondary Suites and Coach House Dwellings, permitted in
Area A in figure 10.3.4 shall be either:
i) 200 units, where the entire area shown as Area B in figure 10.3.4 has been
provided to the Town for park dedication pursuant to section 29 or section 30
of the Community Charter; or
ii) 125 units where only a portion of, or none of, the area shown as Area B in
figure 10.3.4 has been provided to the Town for park dedication pursuant to
section 29 or section 30 of the Community Charter
Figure 10.3.4: Density Benefit Area for Lot 5 Block 1399
Oyster District Plan VIP75559 (PID: 025-708-660)
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10.4.
OLD TOWN RESIDENTIAL (R-2)
The purpose of the Old Town Residential Zone is to accommodate residential
development in the historic Old Town.
1.
Principal Uses
a) Single Unit Dwelling.
b) Two Unit Dwelling.
c)
Townhouse Dwelling
d) Multiple Unit Dwelling
2.
Accessory Uses
a) Secondary Suite, subject to Part 6, Section 6.4.
b) Coach House Dwelling, subject to Part 6, Section 6.5.
c)
Home Based Business, subject to Part 6, Section 6.8.
d) Urban Agriculture.
e) Bed and Breakfast
f)
Backyard Poultry, subject to Part 6, Section 6.12
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 668 square
metres.
b) No Parcel shall be created which has a Frontage less than 18.28 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) Where only one dwelling unit is constructed on a parcel, no Single Unit
Dwelling shall have a Finished Floor Area that exceeds 240.0 square metres
b) Where more than four units are located on a Parcel, the maximum Floor Space
Ratio shall be 1.3.
c)
No Buildings or Structures shall exceed a Parcel Coverage of:
i) 33.0 percent where only one dwelling is located on a parcel; and
ii) 50.0 percent where more than one dwelling unit is located on a parcel
Bylaw 2099
Bylaw 2187
Bylaw 2186
Bylaw 2187
Bylaw 2169
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5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 11.0 metres.
b) No Accessory Building or Structure shall exceed a Height of 3.5 metres.
c)
No Principal Building or Structure shall be located closer to the Parcel Line than
the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
2.0 metres
Interior or Exterior Side Parcel Line
1.2 metres
Rear Parcel Line
1.5 metres
e) Despite section 10.4.5.d), a Townhouse Dwelling may be setback a minimum of
0 metres from Interior Side Parcel Lines.
f)
No Accessory Building or Structure, shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
2.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
Rear Parcel Line
1.0 metres
g) Buildings containing dwelling units on the same parcel shall be separated by a
minimum horizontal distance of:
i) 2.4 meters, where each building is sprinklered; and
ii) 4.8 meters, where any part of a building is not sprinklered
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with Part 7:
Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
Bylaw 2186
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8.
Other Regulations
a) Notwithstanding the permitted uses under subsection 10.4(1), the following
uses are not permitted where five or more units are located on a parcel:
i.
Coach House Dwelling
ii.
Two-unit Dwelling
iii.
Single Unit Dwelling
Bylaw 2187
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10.5.
OYSTER COVE RESIDENTIAL ZONE (R-2-B)
The purpose of the Oyster Cove Residential Zone is to accommodate residential
development within an established waterfront bare land strata.
1.
Principal Uses
a) Single Unit Dwelling.
b) Two Unit Dwelling.
2.
Accessory Uses
a) Home Based Business, subject to Part 6, Section 6.8.
b) Bed and Breakfast; subject to Part 6, Section 6.7.
c)
Secondary Suite, subject to Part 6, Section 6.4.
d) Coach House Dwelling, subject to Part 6, Section 6.5.
e) Recreation Activity Space.
f)
Urban Agriculture.
g) Backyard Poultry, subject to Part 6, Section 6.12
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 668 square
metres.
b) No Parcel shall be created which has a frontage less than 18.28 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) Where only one dwelling unit is constructed on a parcel, no Single Unit
Dwelling shall have a Finished Floor Area that exceeds 240.0 square metres.
b) No Two Unit Dwelling shall have a Finished Floor Area that exceeds
390.0 square metres.
c)
The maximum number of Dwelling Units permitted per Parcel is as shown in
the Table below:
PARCEL AREA
MAXIMUM DWELLING
UNITS PERMITTED
4,050.0 square metres or larger
Two units
Less than 280.0 square metres
Three units
Between 280.0 square metres and 4,050.0
square metres
Four units
d) No Buildings or Structures shall exceed a Parcel Coverage of
Bylaw 2099
Bylaw 2099
Bylaw 2186
Bylaw 2186
Bylaw 2169
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i)
40.0 percent where only one dwelling is located on a parcel; and
ii) 50.0 percent where more than one dwelling unit is located on a parcel
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 12.0 metres.
b) No Accessory Building or Structure shall exceed a Height of 3.5 metres.
c)
No Principal Building or Structure shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
SINGLE UNIT
MINIMUM SETBACK
TWO UNIT
MINIMUM SETBACK
Front Parcel Line
2.0 metres
2.0 metres
Interior Side Parcel Line
1.2 metres
0 metres
Exterior Side Parcel Line
1.2 metres
1.2 metres
Rear Parcel Line
7.5 metres
7.5 metres
Natural Boundary of the Sea
8.0 metres
8.0 metres
d) Despite Section 10.5(5)(c), no Principal Buildings or Structures located on
Strata Lot 41, Strata Lot 42, Strata Lot 43, Strata Lot 44, Strata Lot 45, District
Lot 56, Oyster District, Strata Plan 2009 shall be located closer than:
i)
6.0 metres to the Rear Parcel Line for Strata Lot 41, Strata Lot 42, Strata Lot
43, District Lot 56, Oyster District, Strata Plan 2009.
ii)
5.5 metres to the Rear Parcel Line for Strata Lot 44, District Lot 56, Oyster
District, Strata Plan 2009.
iii)
1.0 metre to the Rear Parcel Line for Strata Lot 45, District Lot 56, Oyster
District, Strata Plan 2009
e) No Accessory Building or Structure shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
SETBACK
Front Parcel Line
0.6 metres
Interior or Exterior Side Parcel Line
0.6 metres
Rear Parcel Line
1.5 metres
Natural Boundary of the Sea
8.0 metres
Bylaw 2186
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f)
Buildings containing dwelling units on the same parcel shall be separated by a
minimum horizontal distance of:
i) 2.4 meters, where each building is sprinklered; and
ii) 4.8 meters, where any part of a building is not sprinklered
6.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
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10.6.
RESIDENTIAL D (R-2-D2) - RESERVED FOR FUTURE USE
Bylaw 2163
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10.7.
MEDIUM DENSITY RESIDENTIAL (R-3)
The purpose of the Medium Density Residential Zone is to accommodate multiple-
unit developments.
1.
Principal Uses
a) Multiple-Unit Dwellings.
b) Townhouse Dwelling.
c)
Single Unit Dwelling, lawfully constructed prior to June 15, 2021
2.
Accessory Uses
a) Home Based Business, subject to Part 6, Section 6.8.
b) Recreation Activity Space.
c)
Commercial Indoor Storage limited only to the Parcel legally described as Lot
A, District Lot l56, Oyster District, Plan VIP 65504 (207 Roberts Street).
d) Secondary Suite.
e) Backyard Poultry, subject to Part 6, Section 6.12
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 2,023 square
metres.
b) No Parcel shall be created which has a Frontage less than 18.28 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) The Floor Space Ratio shall not exceed 2.0.
b) The maximum number of Dwelling Units permitted in this Zone is 60 units per
hectare of Land.
c)
No Building or Structure, excluding Buildings or Structures used exclusively for
off-street parking, shall exceed a Parcel Coverage of 50.0 percent.
d) Where all required off-street parking is provided underground, no Buildings or
Structures in this Zone shall exceed a maximum Parcel Coverage of 60.0 percent.
e) A Parcel may contain more than one Principal Building.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 12.0 metres
measured to the highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 5.0 metres.
c)
Despite Section 10.7(5)(a), for the Parcel legally described as
Lot B, District Lot 56, Oyster District, Plan VIP65504 (340 Second Avenue), the
Bylaw 2078
Bylaw 2099
Bylaw 2140
Bylaw 2186
Bylaw 2169
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Height of a Principal Building shall not exceed 10.4 metres, measured to the
highest point of the roof.
d) No Principal Buildings or Structures shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior Side or Exterior Side Parcel Line
4.5 metres
Rear Parcel Line
4.5 metres
e) No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
f)
Despite Section 10.10(5)(d and e), for the Parcel legally described on Lot B,
District Lot 56, Oyster District, Plan VIP65504 (340 Second Avenue) no
Principal Building or Structure shall be closer than:
i)
4.0 metres to the Front Parcel Line
ii)
1.5 metres to the Rear Parcel Line
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
8.
Site Specific Regulations
a) Despite Section 10.7(4)(c):
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i)
For the Parcel legally described as Plan VIS5995, District Lot 56, Oyster
District (8 White Street), the maximum number of Dwelling Units
permitted is 115 units per hectare.
ii) For the Parcel legally described as Lots 7 and 8, Block D, District Lot 56,
Plan 6460 (109 and 117 Buller Street), the maximum number of Dwelling
Units permitted is 93 units per hectare.
iii) For the Parcel legally described as Plan EPS728, District Lot 56, Oyster
District (9 White Street), the maximum number of Dwelling Units
permitted is 76 units per hectare.
iv) For the Parcel legally described as Lot B, District Lot 56, Oyster District,
Plan VIP65504 (340 Second Avenue), a density bonus may be permitted
as indicated in the table below where the amenities listed in Column 1
are provided to assist the Town of Ladysmith in meeting its greenhouse
gas emission reduction targets in accordance with the Official
Community Plan. Where the developer provides the amenities in Column
1, a density bonus is permitted as listed in Column 2.
COLUMN 1:
AMENITIES
COLUMN 2:
DENSITY BONUS
The Building built on the Land shall attain a minimum of
EnerGuide 80 Energy Standard, and the following steps
shall be completed for each Building:
1. Prior to issuance of a Building permit, provide the
Town a copy of the energy audit from a Certified
Energy Advisor.
2. Prior to issuance of a Building permit, provide the
Town a letter of credit for 1% of the construction
costs.
3. Prior to issuance of an occupancy permit, provide
the Town a letter from the Certified Energy Advisor
stating that the Building has complied with the
EnerGuide 80 Energy Standard.
4. The letter of credit will be returned once the letter
from the Certified Energy Advisor stating that the
Building has complied with the EnerGuide 80
Energy Standard has been received by the Building
Inspector.
5. The letter of credit will be cashed and retained by
the Town if the EnerGuide 80 Energy Standard is
not met.
1. A maximum of
69 Dwelling Units
per hectare of Lot
area (5 units).
2. A maximum
Parcel Coverage is
59%.
3. A Building may be
located 3.0 metres
from the north
side Lot line
(Roberts Street)
and 1.5 metres
from the south
side Lot line (Lane).
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b) For the Land area illustrated in Figure 10.7.1 (the Jewel property), being a part
of the Parcel legally described as Lot 4, District Lots 8G, 11G, 24 and 56, Oyster
District, Plan 45800, except part in Plans VIP64405, VIP71943, and VIP72131,
the following site specific regulations shall apply:
i) Despite section 10.10(4)(c), the maximum number of Dwelling Units
permitted is 115 units per hectare of Land area as shown in Figure 10.7.1,
subject to the required off-street parking for the residents of the
development being provided underground.
ii) Despite section 10.7(5)(a):
(1)
The top floor of a Principal Building greater than two storeys in Height
shall be stepped back a minimum of 3.0 metres on each Building End,
and a minimum of 1.5 metres on each Building Side.
(2)
A Principal Building not located on Transfer Beach Boulevard may
exceed a Height of 12.0 metres but shall not exceed a Height of 18.0
metres (6-Storeys). Height shall be measured to the highest point of
the roof.
c) Notwithstanding subsection 1, Townhouse Dwelling is the only permitted use
in the R-3 zone on Lot 5 Block 1399 Oyster District Plan VIP75559 (PID: 025-
708-660)
(3)
FIGURE 10.7.1 PLAN OF "THE JEWEL PROPERTY"
d) For the Parcels legally described as Lot 8, Block 5, District Lot 24, Oyster
District, Plan 703A (17 Warren Street) and Lot 7, Block 5, District Lot 24, Oyster
District, Plan 703A (11 Warren Street):
i. Despite section 10.7(5)(d), no Principal Buildings or Structures shall be
located closer to the Parcel Line than the minimum Setbacks shown in the
Table below:
Bylaw 1951
Bylaw 2124
Bylaw 2107
Bylaw 2186
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PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
3.0 metres
Interior or Exterior Side Parcel Line
1.5 metres
Rear Parcel Line
3.0 metres
ii. Despite section 10.7(5)(e), the minimum Setback for an Accessory Building
or Structure from a Front Parcel Line is 3.0 metres.
e) Despite sections 10.7(1) and 10.7(a):
i. Emergency Shelter for up to 10 people, is a permitted use; and
ii. there is no minimum Finished Floor Area requirement for a dwelling
unit in a Multiple-Unit or a Townhouse Residential Building,
on Parcel B (being a consolidation of Lots 9 & 10 see CA5603565) District
Lot 56, Oyster District, Plan 703. PID 029-974-640 (631 1st Avenue).
Bylaw 2076
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10.8.
LOW DENSITY RESIDENTIAL (R-3-A)
The purpose of the Low Density Residential Zone is to accommodate multiple-unit
development.
1.
Principal Uses
a) Multiple-Unit Dwellings.
b) Townhouse Dwelling.
c)
Two Unit Dwelling.
2.
Accessory Uses
a) Home Based Business, subject to Part 6, Section 6.8.
b) Recreation Activity Space.
c)
Secondary Suite.
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 892 square
metres.
b) No Parcel shall be created which has a Frontage less than 18.28 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) The Floor Space Ratio shall not exceed 0.66.
b) The maximum number of Dwelling Units permitted in this Zone is 37 Dwelling
Units per hectare of Land.
c)
No Buildings or Structures shall exceed a Parcel Coverage of 33.0 percent.
d) A Parcel may contain more than one Principal Building.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 10.0 metres
measured to the highest pint of the roof.
b) No Accessory Building or Structure shall exceed a Height of 5.0 metres.
c)
Despite Section 10.11(5)(a), for the Parcel legally described Lot 3, Block 1399,
Oyster District, Plan VIP75559 Except Part in Plan VIP80608, the Height of an
apartment Building shall not exceed 14.0 metres (4 Storeys) measured to the
highest point of the roof.
d) No Principal Building or Structure shall be located closer to the Parcel Line than
the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Bylaw 1904
Bylaw 2099
Bylaw 2140
Bylaw 2186
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Interior or Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
4.5 metres
e) No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
8.
Site Specific Regulations
a)
Despite Section 10.8(4)(b):
i)
For the Parcel legally described as Lot 3, Block 1399, Oyster District, Plan
VIP75559 Except Part in Plan VIP80608, the maximum number
of Dwelling Units is 190 in total.
ii)
For the Parcel legally described as Lot 1, District Lot 97, Oyster District, Plan
VIP84065 (1237 Fourth Avenue), the maximum number
of Dwelling Units is 48 in total.
iii)
For the Parcel legally described as Lot 3 of Lot 1, District Lot 108, Oyster
District, Plan VIP73133 (512 Jim Cram Drive), the maximum number of
Dwelling Units is 48 in total.
iv)
Despite sections 10.8(1) and 10.8(4)(c), for the Land shown in figure 10.8.1:
a) The maximum number of Dwelling Units permitted on that Land is 15 in total,
and
b) The permitted Principal Uses are Single Unit Dwelling, Townhouse Dwelling
and Two Unit Dwelling.
Bylaw 2114
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FIGURE 10.8.1: PLAN OF AREAS A, B, and C OF THE LOW DENSITY
RESIDENTIAL (R-3-A) ZONE
c) The maximum number of units permitted each of subsections 10.8
(8)(a)(i), (ii), (iii) and (iv) applies despite any subdivision of the Parcel or
Parcels specified in the subsection.
d) For the Land shown in figure 10.8.2, Single Unit Dwelling is a permitted
Principal Use.
For the areas shown as A, B and C in Figure 10.8.1:
i) Community Care Facility and Assisted Living Residence licensed under
theCommunity Care and Assisted Living Act are permitted Principal Uses
ii) Coffee Shop, Office and Personal Service Establishment are permitted
Accessory Uses to Community Care Facility and Assisted Living Residence";
Bylaw 1875
Bylaw 1881
Bylaw 2114
Bylaw 2171
Bylaw
2171
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FIGURE 10.8.2: AREA WHERE SINGLE UNIT, DWELLING IS
A PERMITTED PRINCIPAL USE
e) Notwithstanding Section 10.11.4 10.8.4 (b) and Section 10.11.5 10.8.5 (d)
for the area shown as area C in figure 10.11.1 10.8.1:
i) Community Care Facility and Assisted Living residence licensed under
the Community Care and Assisted LivingAct are permitted Principle
Uses
ii) Coffee Shop, Office and Personal Service Establishment are permitted
Accessory uses to Community Care Facility and Assisted lIving
Residence";
f) For the parcel legally described as Lot 1, Block 192, District Lot 103, Oyster
District, Plan EPP44156:
i)
Despite Section 10.8.5(a), the Height of a Multi-Unit Dwelling, located in Area A
located as shown on Figure 10.8.3 10.8.1, shall not exceed 10.0 metres, measured
to the highest point of the roof and excluding Underbuilding Parking.
ii)
Single Unit Dwelling is a permitted Principal Use in Area A located as shown on
Figure 10.8.3 10.8.1, subject to Part 10, Section 10.13 Single Dwelling Residential
- Holland Creek Area (R-1-HCA) and where the majority of the Parcel is located
below the 130 geodetic elevation in metres.
iii)
Community Care Facility and Assisted Living Residence licensed under the
Community Care and Assisted Living Act are permitted Principal Uses in Areas B,
C and D located as shown on Figure 10.8.3 10.8.1, subject to:
A)
Sub-section 4 (Density of the Use of Land, Buildings and Structures) and sub-
section 5 (Siting, Size and Dimension of Uses, Building and Structures) of
Section 13.1 Institutional (P-1) Zone.
B)
The maximum number of residential care bedrooms in a Community Care
Facility or Assisted Living Residence is 60 residential care bedrooms per
hectare of land.
Bylaw 1912
Bylaw 2171
Bylaw 2186
Bylaw 2222
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iv)
Coffee Shop, Office and Personal Service Establishment are permitted Accessory
Uses to Community Care Facility and Assisted Living Residence in Areas B, C and D
located as shown on Figure 10.8.3 10.8.1, subject to a maximum Gross Floor Area
of 100 square metres for each Accessory Use.
g) The maximum Units Per Hectare regulation in subsection 10.8.4(b), does not
apply to the area shown in figure 10.8.4.
FIGURE 10.8.3: PLAN OF AREAS A, B, C AND D OF THE LOW DENSITY RESIDENTIAL
(R-3-A) ZONE
Bylaw 2222
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FIGURE 10.8.4 AREA WHERE UNITS PER HECTARE REGULATION DOES NOT APPLY
10.9.
MANUFACTURED HOME PARK (MHP-1)
The purpose of the Manufactured Home Park Zone is to accommodate
manufactured home park communities.
1.
Principal Uses
a) Manufactured Home Park.
2.
Accessory Uses
a) Caretaker Dwelling, subject to Part 6, Section 6.6.
b) Office.
c)
Recreation Activity Space.
d) Home Based Business, subject to Part 6, Section 6.8.
3.
Sizing and Dimension of Sites and Parcels
Bylaw 2222
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a) No Manufactured Home Park Site shall be created which has a Parcel Area less
than 2.0 hectares.
b) No individual Parcel shall be created which has a Parcel Area less than 300
square metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) No individual Manufactured Home shall have a Finished Floor Area that is
greater than 223 square metres.
b) The maximum number of Dwelling Units in this Zone is 20 units per hectare
of Land.
c)
No Buildings or Structures shall exceed a Parcel Coverage of 38.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 5.0 metres
measured to the highest point of the roof.
b) No Recreation Activity Space, where provided as an Accessory Building or
Structure, shall exceed a maximum Height 5.0 metres.
c)
Any other Accessory Building or Structure shall not exceed a Height of
3.5 metres.
d) A Dwelling Unit having a minimum horizontal Building dimension less than 6.5
metres is permitted.
Bylaw 2186
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e) No Principal Buildings or Structures located on a Parcel in this Zone shall be
located closer to the Parcel Line than the minimum Setback shown in the Table
below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
4.5 metres
Interior or Exterior Side Parcel Line
1.5 metres
Rear Parcel Line
3.0 metres
f)
No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
6.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
7.
Other Regulations
a) No less than three (3) percent of the gross Parcel Area shall be used as
common Recreation Activity Space(s) and shall be located so as to be
connected to the internal road or path network.
b) For every five (5) Mobile Homes, an area equivalent to 6.0 metres by
3.0 metres shall be provided in a maximum of two locations for the common
storage of Recreation Vehicles, Boats, and similar equipment, subject to
Part 7: Landscaping and Screening Regulations.
c)
Where common waste services (refuse, organics, recycling) are provided, an
enclosed outdoor storage container shall be provided.
d) Mobile Homes shall be constructed in a factory to CSA Z240MH standards.
e) Mobile Homes shall comply with CSA Z240.10.1 Site Preparation, Foundation
and Anchoring of Manufactured Homes.
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10.10 MULTI-FAMILY MIXED USE (R-4)
The purpose of the Multi-Family Mixed-Use zone is to accommodate multiple-unit
developments and small-scale neighbourhood commercial operations.
1.
Principal Uses
a) Artist Studio
b) Bakery
c)
Coffee Shop
d) Commercial School
e) Community Care Facility
f)
Convenience Store
g) Cottage Industry
h) Multiple-Unit Dwellings.
i)
Media Production Studio
j)
Office
k)
Personal Service Establishment
l)
Retail Sales
m) Veterinary Clinic
1.
Accessory Uses
a) Home Based Business, subject to Part 6, Section 6.8.
b) Recreation Activity Space.
c)
Urban Agriculture
2.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 1336 square
metres.
b) No Parcel shall be created which has a Frontage less than 18.28 metres.
3.
Size and Density of the Use of Land, Buildings and Structures
a) The Floor Space Ratio shall not exceed 2.0.
b) The maximum number of Dwelling Units permitted in this Zone is 60 units per
hectare of Land.
c)
Notwithstanding section 10.10.3.b), a density bonus may be permitted as
indicated in Column 2, where the amenities listed in Column 1 are provided, as
shown in the table below.
Bylaw 2063
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d) No Building or Structure, excluding Buildings or Structures used exclusively for
off-street parking, shall exceed a Parcel Coverage of 50.0 percent.
e) Where all required off-street parking is provided underground, no Buildings or
Structures in this Zone shall exceed a maximum Parcel Coverage of 60.0 percent.
f)
No commercial use on a parcel shall have a Gross Floor Area greater than 200
square metres.
g)
The combined Floor Space Ratio for all commercial uses on a parcel shall not
exceed 0.5.
h) Commercial uses may only be located on the First Storey of a Building.
i)
A Parcel may contain more than one Principal Building.
4.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 19.0 metres
measured to the highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 5.0 metres.
COLUMN 1: AMENITIES
COLUMN 2: DENSITY BONUS
1. At least 40% of the number of off-
street parking spaces required in
accordance with Part 8: Parking and
Loading Regulations, are provided as
Underbuilding Parking;
2. At least 50% of the total number of
Dwelling Units provided on a Parcel
are Adaptable Dwelling Units;
3. All Principal Buildings meet or
exceed Step 2 of the British Columbia
Energy Step Code; or
4. The development is on a Parcel
that is a Remediated Site.
A maximum number of 100
Dwelling Units per hectare of
Land
1. Any one of the amenities listed
above (excluding number 4) in
combination with development of
Remediated Site
A maximum number of 180
Dwelling Units per hectare of
Land
Bylaw 2186
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c)
No Principal Buildings or Structures shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM
SETBACK
Front Parcel Line
2.5 metres
Interior Side Parcel Line
4.5 metres
Exterior Side Parcel Line
2.5 metres
Rear Parcel Line
4.5 metres
d) The maximum Finished Floor Area of the fourth Storey of a Principal Building
shall not exceed 85.0 percent of the Finished Floor Area of the Storey with the
largest Finished Floor Area.
e) The maximum Finished Floor Area of the fifth Storey of a Principal Building
shall be not exceed 80.0 percent of the Finished Floor Area of the fourth
Storey.
f)
No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
2.5 metres
2.5 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
5.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with Part 7:
Landscaping and Screening Regulations.
6.
Parking and Loading
a)
Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
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PART 11: COMMERCIAL ZONES
11.1.
LOCAL COMMERCIAL (C-1)
The purpose of the Local Commercial Zone is to accommodate small-scale
neighbourhood commercial operations.
1.
Principal Uses
a) Single Unit Dwelling.
b) Two Unit Dwelling
c)
Multiple Unit Dwelling
d) Townhouse Dwelling
e) Convenience Store.
f)
Restaurant.
g) Coffee Shop.
h) Personal Service Establishment.
i)
Office.
j)
Artist Studio.
2.
Accessory Uses
a) Secondary Suite, subject to Part 6, Section 6.4.
b) Coach House Dwelling, subject to subject to Part 6, Section 6.5.
c)
Home Based Business, subject to Part 6, Section 6.8.
d) Urban Agriculture.
e) Bed and Breakfast subject to Part 6, Section 6.7
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 668 square
metres.
b) No Parcel shall be created which has a Frontage of less than 18.28 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) Where only one dwelling unit is constructed on a parcel, no Single Unit
Dwelling shall have a Finished Floor Area that exceeds 240.0 square metres.
b) The maximum Gross Floor Area for any one commercial Use is 100.0 square
metres.
c)
The maximum number of Dwelling Units permitted per Parcel is as shown in
the Table below:
Bylaw 2186
Bylaw 2213
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PARCEL AREA
MAXIMUM DWELLING
UNITS PERMITTED
Greater than 4,050.0 square metres
Two units
Less than 280.0 square metres
Three units
Between 280.0 square metres and 4,050.0
square metres
Four units
d) No Buildings or Structures shall exceed a Parcel Coverage of:
i)
40 percent where only a single dwelling is located on a parcel; and
ii) 60.0 percent where more than one dwelling unit or a
dwelling unit and non-residential use is located on a parcel.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall exceed a Height of 11.0 metres.
b) No Accessory Buildings or Structures shall exceed a Height of 7.5 metres.
c)
No Principal Building or Structure located on a Parcel shall be located closer to
the Parcel Line than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
2.0 metres
Interior or Exterior Side Parcel Line
1.2 metres
Rear Parcel Line
1.5 metres
e) Despite section 11.1.5.(c), a Townhouse Dwelling may be setback a minimum
of 0 metres from Interior Side Parcel Lines.
f)
No Accessory Building or Structure with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
g) Buildings containing dwelling units on the same parcel shall be separated by a
minimum horizontal distance of:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
Rear Parcel Line
1.0 metres
Bylaw 1904
Bylaw 2186
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i)
2.4 meters, where each building is sprinklered; and
ii) 4.8 meters, where any part of a building is not sprinklered
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
8.
Other Regulations
a) Principal commercial Uses shall only be permitted within the First Storey of
a Building.
9.
Site Specific Regulations
a)
for Lot 5 Block 1399 Oyster District Plan VIP75559 (PID: 025-708-660), where a
parcel is located on a Lane, the minimum Parcel Area is 460 square metres and the
minimum Parcel Frontage is 13.5 metres.
b) Notwithstanding section 11.1.1, on Lot 5 Block 1399 Oyster District Plan VIP75559
(PID: 025-708-660) residential use is not permitted.
c)
For the subject Parcel shown in Schedule I, formed by consolidation of the
three parcels legally described as Lot 2 Suburban Lot 9 Oyster District Plan
1009, Lot 3 Suburban Lot 9 Oyster District Plan 1009, and Lot 4 Suburban Lot 9
Oyster District Plan 1009 (202/204 Dogwood Drive), the following site-specific
regulations shall apply:
i)
A Neighbourhood Pub is permitted as a Principal Use.
ii) Despite Section 11.1(4)(a), the maximum Gross Floor Area for a
Neighbourhood Pub use is 200 square metres.
Bylaw 2029
Bylaw 2107
Bylaw 2186
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Schedule I - Bylaw 2029
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11.2.
DOWNTOWN COMMERCIAL (C-2)
The purpose of the Downtown Commercial Zone is to accommodate a broad range
of commercial and community Uses in the historic Downtown.
1.
Principal Uses
a) Retail Sales.
b) Convenience Store.
c)
Cultural Facility.
d) Library.
e) Restaurant.
f)
Coffee Shop.
g) Bakery.
h) Office.
i)
Assembly.
j)
Personal Service Establishment.
k)
Indoor Recreation Facility.
l)
Neighbourhood Pub.
m) Liquor Retail Sales.
n) Tourist Accommodation.
o) Visitor Centre.
p) Artist Studio.
q) Commercial School.
r)
Media Production Studio.
s)
Garden Centre.
t)
Veterinary Clinic.
u) Animal Grooming.
v)
Personal Repair Service.
w) Print Shop.
x)
Cottage Industry.
y)
Public Parking.
z)
Cannabis Retail Sales but only in the Parcels that are zoned C-2 and contained
within the shaded area identified in Figure 11.2
aa) Single Unit Dwelling, lawfully constructed prior to June 15, 2021.
Bylaw 1904
Bylaw 2021
Bylaw 2078
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bb) Live/Work Unit
cc) Two Unit Dwelling, lawfully constructed prior to December 19, 2023
dd) Gas Bar lawfully constructed prior to December 19, 2023
ee) Service Station lawfully constructed prior to December 19, 2023
ff) Dwelling Unit, subject to Section 11.2(8)
gg) Motor Vehicle Body Shop lawfully constructed prior to December 19, 2023
2.
Accessory Uses
a) Home Based Business, subject to Part 6, Section 6.8.
b) Secondary Suite, lawfully constructed prior to December 19, 2023 and subject
to Part 6, Section 6.4.
c)
Coach House Dwelling, lawfully constructed prior to December 19, 2023 and
subject to Part 6, Section 6.5.
d) Urban Agriculture.
e) Motor Vehicle Sales or Rental, accessory to Service Station Use and lawfully
constructed prior to December 19, 2023
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 334 square
metres.
b) No Parcel shall be created which has a Frontage less than 9.15 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) The Floor Space Ratio shall not exceed:
i)
3.3 for parcels where at least one parcel line abuts a Street other than 1st
Avenue or a Lane; and
ii) 3.0 for all other parcels
b) Notwithstanding subsection (a), for a Gas Bar or Service Station Use, the
maximum Gross Floor Area is 500.0 square metres and the maximum Parcel
Coverage is 75.0 percent.
c)
No Buildings and Structures shall exceed a Parcel Coverage of 100 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height, measured to the
highest point of the roof, of:
i)
21 metres for parcels where at least one parcel line abuts a Street other
than 1st Avenue or a Lane; and
ii) 18.0 metres for all other Parcels.
Bylaw 2163
Bylaw 2163
Bylaw 2163
Bylaw 2163
Bylaw 2186
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b) No Accessory Building or Structure shall exceed a Height of 7.5 metres,
measured to the highest point of the roof.
c)
No Principal Building or Structure shall be located closer to the Parcel Line than
the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel or Exterior Side Parcel Line: First,
Second and Third Storeys
0.0 meters
Front Parcel or Exterior Side Parcel Line: Fourth
Storey
2.7 meters
Front Parcel or Exterior Side Parcel Line: Fifth
Storey
5.4 meters
Front Parcel or Exterior Side Parcel Line: Sixth
Storey
8.1 meters
Interior Side Parcel Line
0.0 meters
Rear Parcel Line
0.0 meters
d) No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking is prohibited between the Front Parcel Line and the front
face of the Principal Building or Structure.
b) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
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8.
Mixed Commercial and Residential Use Regulations
a) Notwithstanding section 11.2.1, within the first Storey of any Building,
Residential Use is prohibited, within 15 metres of a Parcel Line abutting 1st
Avenue.
b) Notwithstanding subsection (a), up to 25 percent of a Parcel line along 1st
Avenue may be used to provide a separate outdoor entrance for a Residential
Use.
9.
Other Regulations
a) Outdoor storage areas shall not exceed 9.3 square metres.
b) Coffee roasting is not a permitted Cottage Industry.
10. Site Specific Regulations
a) For the properties legally described as Lot 1, Block 29, Plan 703A (810 First
Avenue), automotive and machinery valve repair service is a permitted
Principal Use.
b) For the Land consisting of the Parcels legally described as:
Lot 5, Block 5, District Lot 24, Oyster District, Plan 703-A (934 Esplanade); and
Lot 6, Block 5, District Lot 24, Oyster District, Plan 703-A (940 Esplanade)
Motor Vehicles Sales or Rental is a permitted Principal Use subject to the
following conditions:
a) A maximum of fifteen vehicles is permitted for outdoor display; and
b) The outdoor display area may be located between the Exterior Side and
Front Parcel Line and the front face of the Principal Building or Structure;
and
c) The outdoor display area is subject to the requirements of DPA 2
'Downtown' as well as the landscape guidelines in DPA 3 'Commercial'
to create an attractive, welcoming view from the Trans Canada Highway.
c)
For the Parcel legally described as Lot 12, Block 30, District Lot 24, Oyster
District, Plan 703A (112 French Street), Funeral Home is a permitted Principal
Use.
d) For the Parcel legally described as Lot A, District Lot 56, Oyster District, Plan
VIP67911 (422 First Ave.) the following site-specific regulations shall apply:
i)
Despite Section 11.2(5)(c), the fourth storey of a Principal Building shall
be setback 1.5 metres from the Exterior Side Parcel Line.
Bylaw 1904
Bylaw 1897
Bylaw 1904
Bylaw 1990
Bylaw 2163
Bylaw 2163
Bylaw 2163
Bylaw 2163
Bylaw 2186
Bylaw 2186
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ii) Despite Section 11.2(7)(b), nine (9) off-street parking spaces are required
to be provided on-site and shall comply with the design standards in
Section 8.2(9).
e) For the Parcel legally described as Lot 6, Block 27, District Lot 56, Oyster District,
Plan 703 (440 1st Avenue) the following site-specific regulations apply:
i)
Despite Section 11.2.4.(b) the number of Dwelling Units on this Parcel
shall not exceed 22.
ii)
Despite Section 11.2.4.(c) the Floor Space Ratio shall not exceed 3.1.
iii)
Despite Section 11.2.4.(d) no Buildings or Structures shall exceed a Parcel
Coverage of 100.0 percent.
iv)
Despite Section 11.2.5.(a) no Buildings or Structures shall exceed a Height
of 18.0 metres, measured to the highest point of the roof.
v)
Despite Section 11.2.5.(c):
a. the fourth Storey shall be Setback at least 2.7 metres from the Front
Parcel Line.
Bylaw 2021
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Bylaw 2186
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b. The fifth Storey shall be Setback at least 5.4 metres from the Front
Parcel Line.
c. The Setback from the Rear Parcel Line shall be at least 0.0 metres.
vi)
Despite section 11.2.7(b), a total of 4 off-street parking spaces shall be
provided.
f)
For the Parcel legally described as THAT PART OF LOT 8 BLOCK 10 DISTRICT LOT
56 OYSTER DISTRICT PLAN 703 LYING SOUTH WESTERLY OF A BOUNDARY
PARALLEL TO AND 30 FEET PERPENDICULARLY DISTANT NORTH EASTERLY FROM
THE COMMON BOUNDARY LINE BETWEEN LOTS 8 AND 9 IN SAID BLOCK AND
PLAN (19 Gatacre Street), a Funeral Home is a permitted Principal Use subject
to the condition that hosting funerals or memorials is prohibited.
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11.3.
HIGHWAY SERVICE COMMERCIAL (C-3)
The purpose of the Highway Service Commercial Zone is to accommodate
commercial Uses that serve the needs of the travelling public.
1.
Principal Uses
a) Gas Bar.
b) Service Station.
c)
Convenience Store.
2.
Accessory Uses
a) Retail Sales, limited to motor vehicle parts and accessories.
b) Motor Vehicle Sales or Rental, accessory to Service Station Use.
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 892.0 square
metres.
b) No Parcel shall be created which has a Frontage less than 24.38 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) The maximum Gross Floor Area for any one commercial Use is
500.0 square metres.
b) The Floor Space Ratio shall not exceed 0.5.
c)
No Buildings or Structures shall exceed a Parcel Coverage of 75.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall exceed a Height of 6.0 metres, measured to the
highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 7.5 metres
measured to the highest point of the roof.
c)
No Principal Building or Structure located on a Parcel within this Zone shall be
located closer to the Parcel Line than the minimum Setback shown in the Table
below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
4.5 metres
Interior or Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
3.0 metres
Bylaw 1904
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d) No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
8.
Site Specific Regulations
a) On the Parcel legally described as Lot B, Plan 45624, District Lot 118, Land
District 43 (26 Symonds Street), Motor Vehicle Body Shop is a permitted
Principal Use.
b) On the Parcel legally described as Lot 12 and 13, District Lot 139, Oyster
District, Plan 7217 (1152 TransCanada Highway), Motor Vehicle Body Shop is
permitted as an Accessory Use to a Service Station Use, provided that the
Finished Floor Area of the shop does not exceed 33.0 percent of the Gross
Floor Area of the Service Station.
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11.4.
TOURIST SERVICE COMMERCIAL (C-4)
The purpose of the Tourist Service Commercial Zone is to accommodate
tourist-oriented uses.
1.
Principal Uses
a) Tourist Accommodation.
b) Restaurant.
c)
Coffee Shop.
d) Personal Service Establishment.
e) Welcome Centre.
f)
Indoor Recreation Facility.
2.
Accessory Uses
a) Office.
b) Retail Sales.
c)
Public Parking, associated with an established Marina Use in the adjacent
foreshore.
d) Yacht Club Clubhouse.
e) Dwelling Unit, subject to Section 11.4(8)(a).
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 2,000 square
metres.
b) No Parcel shall be created which has a Frontage less than 24.38 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) The maximum Gross Floor Area of a single commercial Use is 500 square
metres.
b) The Floor Space Ratio shall not exceed 0.5.
c)
No Buildings or Structures shall exceed a Parcel Coverage of 33.0 percent
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall exceed a Height of 10.0 metres, measured to the
highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 7.5 metres,
measured to the highest point of the roof.
Bylaw 2078
Bylaw 2186
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c)
No Principal Building or Structure shall be located closer to the Parcel Line than
the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
4.5 metres
Interior or Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
3.0 metres
d) No Accessory Building, with a Finished Floor Area (m2) as shown in the Table
below, shall be located closer to the Parcel Line than the minimum Setback
shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
8.
Other Regulations
a) A Dwelling Unit Use shall only be located on the second Storey.
b) The following additional Uses are permitted on the C-4 zoned portion of the
parcel illustrated in Figure 11.4.1: 1251 Rocky Creek Road:
1. Principal Uses
i)
Marina Office, including
Assembly Use
2. Accessory Uses
i)
Boat Launch
ii)
Marine fuel storage tanks
for a Marine Fuel Supply
Station on Block C, District
Lot 2054, Cowichan
District, Plan EPC721.
FIGURE 11.4.1: 1251 ROCKY CREEK ROAD
Bylaw 1961
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c)
On the C-4 zoned portion of the parcel legally described as: THAT PART OF LOT
43, OYSTER DISTRICT, SHOWN OUTLINED IN RED ON PLAN 835-R, EXCEPT THAT
PART IN PLANS 7094 AND VIP58434 (PID 005-068-002) The principle and
accessory uses of the R-1 zone are permitted, subject to the requirements of
the R-1 zone.
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11.5.
SHOPPING CENTRE COMMERCIAL (C-5)
The purpose of the Shopping Centre Commercial Zone is to accommodate
commercial uses and employment centres in an outdoor mall setting.
1.
Principal Uses
a) Retail Sales.
b) Convenience Store.
c)
Restaurant.
d) Coffee Shop.
e) Office.
f)
Cultural Facility.
g) Assembly.
h) Personal Service Establishment.
i)
Visitor Centre.
j)
Indoor Recreation Facility.
k)
Liquor Retail Sales.
l)
Commercial School.
m) Personal Repair Service.
n) Veterinary Clinic.
o) Animal Grooming.
p) Cannabis Retail Sales but in the parcels contained within the shaded areas
identified on Figures 11.5 and 11.6;
2.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 1,618 square
metres.
b) No Parcel shall be created which has a Frontage less than 24.38 metres.
3.
Size and Density of the Use of Land, Buildings and Structures
a) The maximum Gross Floor Area of a single commercial Use is 2,090 square
metres.
b) The Floor Space Ratio shall not exceed 0.7.
c)
No Buildings and Structures shall exceed a Parcel Coverage of 75.0 percent.
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4.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 12.0 metres,
measured to the highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 7.5 metres,
measured to the highest point of the roof.
c)
No Principal Building or Structure located shall be located closer to the Parcel
Line than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Exterior Side Parcel Line
4.5 metres
Interior Side Parcel Line
3.0 metres
Rear Parcel Line
4.5 metres
d) No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
5.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
6.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
7.
Site Specific Regulations
a) For the Parcel legally described as Lot A, District Lots 24 and 38, Oyster District,
Plan VIP71248 (1130 Rocky Creek Road) all Buildings must meet or exceed Step
1 of the British Columbia Energy Step Code.
b) Notwithstanding section 6.3 subsection a)vi) a maximum of one Use with a
Drive-through service is permitted on the Parcel legally described as Lot A,
District Lots 24 and 38, Oyster District, Plan VIP71248 (1130 Rocky Creek Road),
Bylaw 2069
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provided that any Buildings associated with the Drive-through Use meet or
exceed Step 2 of the British Columbia Energy Step Code.
c) For the Parcel legally described as Lot A, District Lots 24 and 38, Oyster District,
Plan VIP71248 (1130 Rocky Creek Road) the following additional Principal Uses are
permitted:
i)
Animal Day Care.
ii) Artist Studio.
iii) Building Supply Sales.
iv) Cottage Industry.
v) Garden Centre.
vi) Home Improvement Service Industry.
vii) Micro-Brewery.
viii) Laboratory.
ix) Media Production Studio.
x) Neighbourhood Pub.
xi) Non-Motorized Recreational Equipment Sales or Rental.
xii) Print Shop.
xiii) Re-Store.
Bylaw 1995
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Figure 11.6
Bylaw 2021
Bylaw 2069
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PART 12: INDUSTRIAL ZONES
12.1.
LIVE/WORK INDUSTRIAL (I-1A)
The purpose of the Live/Work Industrial Zone is to accommodate smaller scale
business enterprises and low-impact light industrial uses with optional second
storey residential use.
1.
Principal Uses
a) Office.
b) Personal Service Establishment.
c)
Personal Repair Service.
d) Media Production Studio.
e) Artist Studio.
f)
Commercial School.
g) Print Shop.
h) Research and Development Facility.
i)
Machinery and Equipment Rental.
j)
Boat Building and Repair.
k)
Manufacturing.
l)
Trade Contractors Facilities.
m) Home Improvement Service Industry.
n) Warehouse.
o) Wholesale Sales.
2.
Accessory Uses
a) Retail Sales.
b) Dwelling Unit, subject to Section 12.1(8)(c).
c)
Home Based Business, subject to Part 6, Section 6.8.
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 600 square
metres.
b) No Parcel shall be created with a Parcel Frontage that is less than
24.38 metres.
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4.
Size and Density of the Use of Land, Buildings and Structures
a) The maximum Finished Floor Area for a Dwelling Unit shall be 140.0 square
metres.
b) No Buildings or Structures shall exceed a Parcel Coverage of 75.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall exceed a Height of 11.0 metres, measured to the
highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 7.5 metres,
measured to the highest point of the roof.
c)
No Building or Structure shall be closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
4.5 metres
Interior or Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
3.0 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Despite Part 8: Parking and Loading Regulations, the following provisions shall
apply:
i)
A minimum of one parking space per Dwelling Unit is required.
ii) A minimum of one parking space per 100 square metres of business
and Industrial Gross Floor Area is required.
iii) Every Parcel shall have a minimum of one shared parking and loading
space.
8.
Other Regulations
a) All permitted Uses must be conducted entirely within a Building.
b) No Uses which create external odours, fumes, dust heat, glare or electrical
interference are permitted.
c)
A Dwelling Unit Use shall only be located on the second Storey.
d) The following Uses are only to be located within the First Storey:
i)
Trade Contractors Facilities.
Bylaw 2099
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ii) Manufacturing.
iii) Warehouse.
iv) Boat Building and Repair.
v) Wholesale Sales.
vi) Machinery and Equipment Sales or Rental.
vii) Personal Repair Service.
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12.2.
LIGHT INDUSTRIAL (I-1)
The purpose of the Light Industrial Zone is to accommodate light industrial uses and
employment centres in an Industrial Park setting.
1.
Principal Uses
a) Gas Bar.
b) Service Station.
c)
Motor Vehicle Body Shop.
d) Motor Vehicle Sales or Rental.
e) Boat and Personal Watercraft Sales or Rental.
f)
Machinery and Equipment Sales or Rental.
g) Building Supply Sales.
h) Re-Store.
i)
Boat Building and Repair.
j)
Servicing and repair of machinery, equipment, and appliances.
k)
Restaurant.
l)
Commercial Indoor Storage.
m) Print Shop.
n) Auction.
o) Laboratory.
p) Research and Development Facility.
q) Media Production Studio.
r)
Refund Container Recycling Depot.
s)
Manufacturing, within an enclosed Building.
t)
Welding shop, machine shop and metal fabrication.
u) Home Improvement Service Industry.
v)
Trade Contractor Facilities.
w) Commercial Plant Nursery.
x)
Garden Centre.
y)
Warehouse.
z)
Wholesale Sales.
aa) Cottage Industry.
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bb) Brewery, Distillery, Bottling and Distribution.
cc) Tow-Truck Dispatch.
dd) Animal Day Care.
ee) Marine Sales and Service.
ff) Cannabis Micro-Cultivation
gg) Cannabis Micro-Processing
hh) Cannabis Research and Development
ii)
Cannabis Retail Sales but only in the Parcels that are zoned I-1 and contained
within the shaded area identified in Figure 12.2.1.
2.
Accessory Uses
a) Office.
b) Food Truck.
c)
Sani-Dump Station.
d) Caretaker Dwelling, subject to Part 6, Section 6.6 and Part 12, Section 12.2(8).
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 600 square
metres.
b) No Parcel without community water and sewer services shall be created which
is less than 0.8 hectares of area.
c)
No Parcel shall be created with a Lot Frontage that is less than 24.38 metres.
4.
Density of the Use of Land, Buildings and Structures
a) The Floor Space Ratio shall not exceed 0.7.
b) No Buildings or Structures shall exceed a Parcel Coverage of 75.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall exceed a Height of 12.0 metres, measured to the
highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 7.5 metres,
measured to the highest point of the roof.
c)
No Building or Structure shall be closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
3.0 metres
Bylaw 1961
Bylaw 1978
Bylaw 2021
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Rear Parcel Line
3.0 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
8.
Other Regulations
a) Caretaker Dwelling Use shall be limited to one Dwelling Unit per Parcel and
shall only be located on the second Storey, except that the entrance to the
Caretaker Dwelling may be located within the First Storey.
9.
Site Specific Regulations
a) For the Parcel described as Lot 1, District Lot 24, Oyster District, Plan VIP72824
except part in Plan VIP81529 (1030 Oyster Bay Drive), the following additional
Principal Uses are permitted to a maximum total Gross Floor Area of 1,460.0
square metres, with individual units not to exceed a maximum Gross Floor
Area of 465.0 square metres, or 700.0 square metres in the case of Retail
Sales:
i)
Retail Sales
ii)
Office
iii)
Coffee Shop
iv)
Personal Service Establishment
v)
Commercial School
vi)
Indoor Recreation Facility.
vii)
Visitor Centre.
viii) Veterinary Clinic.
ix)
Animal Grooming.
b) The following additional Uses are permitted on the I-1 zoned portion of the
parcel illustrated in Figure 12.1.1 1251 Rocky Creek Road:
1. Principal Uses
i)
Storage for Boats and Boathouses; and
ii)
Boathouse Construction.
2. Accessory Uses
i)
Retail Sales
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FIGURE 12.1.1: 1251 ROCKY CREEK ROAD
c)
For the Parcel legally described as Lot 7, District Lot 38, Oyster District, Plan
VIP73070 (1280 Rocky Creek Road), Marshalling Yard is a permitted Accessory
Use subject to the Marshalling Yard area having a hard surface of asphalt or
similar and being graded to contain and dispose of surface water with an
oil/water separator.
Bylaw 1962
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d) For the Parcel legally described as Parcel E (being a consolidation of Lots A and
B, see CA7024627) District Lot 38 Oyster District PLN EPP36585 (1148 Rocky
Creek Road), Cannabis Cultivation and Cannabis Processing are permitted
principal uses, subject to being contained entirely within an enclosed Building.
e) For the Parcel legally described as Lot 1 District Lot 38 Oyster District Plan
VIP86027 Except Part in Strata Plan VIS6726 (Phases 1 and 2) and Plan EPP23810
(1152 Rocky Creek Road), Cannabis Cultivation and Cannabis Processing are
permitted principal uses, subject to being contained entirely within an enclosed
Building.
f)
For the Parcel legally described as Lot D District Lot 38 Oyster District Plan
EPP36585 (1144 Rocky Creek Road), Cannabis Cultivation and Cannabis
Processing are permitted principal uses, subject to being contained entirely
within an enclosed Building.
Bylaw 2040
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12.3.
INDUSTRIAL (I-2)
The purpose of the Industrial Zone is to accommodate larger, heavy industrial
operations and employment centres in an Industrial Park or working
waterfront setting.
1.
Principal Uses
a) Any Principal Use permitted in the I-1 Zone.
b) Motor Vehicle Salvage and Wrecking Yard, subject to Section 12.3(8)(c).
c)
Log Handling, Sorting and Storage Yard.
d) Marshalling Yard.
e) Storage Yard.
f)
Freight handling or distribution.
g) Sawmill, Shake and Shingle Mill.
h) Primary Processing of Soil.
i)
Shipping Yard.
j)
Concrete Batch Plant.
k)
Fleet and Distribution services.
l)
Recycling Plant.
m) Animal Shelter.
n) Cannabis Cultivation, subject to Section 12.3(8)(a).
o) Cannabis Processing, subject to Section 12.3(8)(a).
2.
Accessory Uses
a) Office.
b) Food Truck.
c)
Sani-Dump Station.
d) Caretaker Dwelling, subject to Part 6, Section 6.6 and
Part 12, Section 12.3(8)(b).
e) Retail Sales, accessory to Sawmill, Shake and Shingle Mill.
3.
Sizes and Dimensions of Parcels
a) No Parcel shall be created which has a Parcel Area less than 2,023 square
metres.
Bylaw 1978
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b) Despite Section 12.3 (3)(a), where access to the Town of Ladysmith community
water system and/or community sewer system is unavailable, no Parcel shall
be created which has a Parcel Area less than 2.0 hectares.
c)
A Parcel shall have a minimum Frontage of 36.57 metres or 10.0 percent of the
perimeter of the Parcel whichever is the greater.
4.
Density of the Use of Land, Buildings and Structures
a) The Floor Space Ratio shall not exceed 0.3.
b) No Buildings or Structures shall exceed a Parcel Coverage of 75.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall exceed a Height of 15.0 metres, measured to the
highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 7.5 metres,
measured to the highest point of the roof.
c)
No Building or Structure with a Height greater than 12.0 metres, shall be
located closer to the Parcel Line than the minimum Setback shown in the Table
below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
10.0 metres
Interior or Exterior Side Parcel Line
10.0 metres
Rear Parcel Line
10.0 metres
d) No Building or Structure with a Height of 12.0 metres or less, shall be located
closer to the Parcel Line than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
3.0 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
Bylaw 2186
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8.
Other Regulations
a) Cannabis Cultivation and Cannabis Processing shall be restricted to the
locations shown zoned I-2 as illustrated in Figure 12.3.1: Cannabis Cultivation
and Cannabis Production Area."
b) A Caretaker Dwelling Use shall be limited to one Dwelling Unit per Parcel.
c)
A Motor Vehicle Salvage and Wrecking Yard shall be completely enclosed
within a Building or within a Landscaped or Fenced area so as not to be visible
from a Highway.
d) Despite Section 12.3(1), composting of municipal generated bio-solids is a
Principal Use on the Parcel legally described as Lot 3, District Lot 72, Oyster
District, Plan 50979 (4142 Thicke Road).
FIGURE 12.3.1: PLAN OF CANNABIS CULTIVATION AND
CANNABIS PRODUCTION AREA
Bylaw 1978
Bylaw
1978
1985
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PART 13: INSTITUTIONAL ZONES
13.1.
INSTITUTIONAL (P-1)
The purpose of the Institutional Zone is to accommodate a range of civic and
community uses.
1.
Principal Uses
a) Cultural Facility.
b) Assembly.
c)
Community Care Facility.
d) Indoor Recreation Facility.
e) Outdoor Recreation Facility.
f)
School.
g) Post Office.
h) Civic Use.
i)
Botanical Garden.
j)
Nature Centre.
k)
Farmer's Market.
l)
Public Parking.
2.
Accessory Uses
a) Retail Sales, subject to Section 13.1(8)(a).
b) Community Garden.
c)
Food Truck.
3.
Sizes and Dimensions of Parcels
a) No Parcel shall be created which has a Parcel Area less than 892 square
metres.
b) Despite Section 13.1(3)(a), no Parcel shall be created for a School Use which
has a Parcel Area less than 2.0 hectares.
4.
Density of the Use of Land, Buildings and Structures
a) No Buildings or Structures shall exceed a Parcel Coverage of 40.0 percent.
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5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 12.0 metres,
measured to the highest point of the roof.
b) Despite Section 13.1(5)(a), no Principal Building or Structure used for School
Use shall be more than one Storey.
c)
No Accessory Building or Structure shall exceed a Height of 7.5 metres,
measured to the highest point of the roof.
d) No Principal Building or Structure shall be closer to the Parcel Line than the
minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
3.0 metres
e) No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with Part 7:
Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and loading shall be provided in accordance with Part 8:
Parking and Loading Regulations.
8.
Other Regulations
a) Retail Sales shall be limited to 25.0 square metres of Gross Floor Area.
Bylaw 2186
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9.
Site Specific Regulations
a) For the Parcel legally described as Lot 1, District Lot 52, Oyster District, Plan
VIP19565 and Lots 17 to21, District Lot 52, Oyster District, Plan VIP6865 (444,
451, 453, 455, 457, 459 and 461 Davis Road):
i)
Despite Section 13.1(1), Community Care Facility Use is
not permitted.
ii) Despite Section 13.1(4)(a), the maximum Parcel Coverage is
15 percent.
iii) The maximum number of permanent School Buildings and Structures
permitted on Lot 1, District Lot 52, Oyster District, Plan VIP19565 is 1.
b) For the Parcel legally described as Lot 1, District Lot 96, Oyster District, Plan
VIP19308 (710 Sixth Avenue):
i)
Despite Section 13.1(4)(a), the maximum Parcel Coverage is
15 percent.
ii) The maximum number of permanent School Buildings and Structures is
5.
c)
For the Parcel legally described as Block 77 of an unnumbered portion of
Oyster District, Plan 703A (317 French Street):
i)
Despite Section 13.1(4)(a), the maximum Parcel Coverage is
15 percent.
ii) The maximum number of permanent School Buildings and Structures is
1.
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13.2.
PARK AND RECREATION (P-2)
The purpose of the Park and Recreation Zone is to accommodate local parks and
open spaces with a focus on active and passive recreation uses.
1.
Principal Uses
a) Nature Centre.
b) Botanical Garden.
c)
Assembly.
d) Cultural Facility.
e) Indoor Recreation Facility.
f)
Outdoor Recreation Facility.
g) Golf Course.
h) Community Garden.
i)
Railway Passenger Depot.
2.
Accessory Uses
a) Retail Sales, subject to Section 13.2(8)(a).
b) Food Truck, subject to Section 13.2(8)(b).
c)
Food Concession.
d) Non-Motorized Recreational Equipment Sales or Rental.
e) Farmers' Market.
3.
Sizes and Dimensions of Parcels
a) No Parcel shall be created which has a Parcel Area less than 892 square
metres.
b) Section 13.2(3)(a) does not apply to parkland dedicated by subdivision.
4.
Size and Density of the Use of Land, Buildings and Structures
a)
No Building or Structure shall exceed a Gross Floor Area of 200.0 square metres.
b) No Buildings or Structures shall exceed a Parcel Coverage of 40.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 10.0 metres,
measured to the highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 5.0 metres,
measured to the highest point of the roof.
Bylaw 2186
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c)
No Principal Building or Structure shall be closer to the Parcel Line than the
minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
3.0 metres
d) No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking and loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
8.
Other Regulations
a) Retail Sales shall be limited to 50.0 square metres of Gross Floor Area.
b) Food Trucks shall be restricted to Transfer Beach Park, Forrest Field, Aggie Ball
Field, and Holland Creek Ball Field.
9.
Site Specific Regulations
a) For the Community Garden located at 525 Second Avenue, Urban Agriculture
is a permitted Principal Use.
Bylaw 1904
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13.3.
NATURE PARK (P-3)
The purpose of the Nature Park Zone is to accommodate the conservation of nature
and sensitive ecosystems.
1.
Principal Uses
a) Nature Centre.
b) Nature Park.
2.
Size and Density of the Use of Land, Buildings and Structures
a) No Building or Structure shall have a Gross Floor Area that exceeds
100.0 square metres.
b) No Buildings or Structure shall exceed a Parcel Coverage of 20.0 percent.
3.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall exceed a Height of 9.0 metres, measured to the
highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 5.0 metres,
measured to the highest point of the roof.
c)
No Principal Building or Structure located on a Parcel within this Zone shall be
located closer to the Parcel Line than the minimum Setback shown in the Table
below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
3.0 metres
d) No Accessory Building or Structure, with a Finished Floor Area (m2) as shown in
the Table below, shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
≤ 10.0 M2
MINIMUM SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
4.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
Bylaw 2186
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5.
Parking and Loading
a) Off-street parking and loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
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13.4.
RECYCLING DEPOT (P-4)
The purpose of the Recycling Depot Zone is to accommodate a regional recycling
drop-off and education centre.
1.
Principal Uses
a) Recycling Depot.
b) Transfer Station.
2.
Accessory Uses
a) Office.
b) Scale House.
c)
Assembly.
d) Eco-Education.
e) Food Truck.
3.
Sizing and Dimensions of Parcels
a) No Parcel shall be created which has a Parcel Area less than 1.0 hectare.
4.
Density of the Use of Land, Buildings and Structures
a) No Buildings or Structures shall exceed a Parcel Coverage of 60.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall exceed a Height of 15.0 metres, measured to the
highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 5.0 metres,
measured to the highest point of the roof.
c) No Building or Structure located on a Parcel within this Zone shall be located
closer to the Parcel Line than the minimum Setback shown in the Table below:
PARCEL LINE
PRINCIPAL
BUILDING OR
STRUCTURE
MINIMUM SETBACK
ACCESSORY
BUILDING OR
STRUCTURE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel Line
3.0 metres
1.5 metres
Rear Parcel Line
3.0 metres
1.5 metres
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PART 14: AGRICULTURE ZONES
14.1.
PRIMARY AGRICULTURE (A-1)
The purpose of the Primary Agriculture Zone is to accommodate farm operations on
parcels located within the Provincial Agricultural Land Reserve.
1.
Principal Uses
a) Farm Use.
b) Single Unit Dwelling.
c)
Mobile Home.
d) Horse Riding Stable.
e) Horse Riding Arena.
2.
Accessory Uses
a) Farm Operation Employee Dwelling, subject to Section 14.1(8)(a) and (b).
b) Secondary Suite, subject to Part 6, Section 6.4.
c)
Coach House Dwelling, subject to Part 6, Section 6.5.
d) Home Based Business, subject to Part 6, Section 6.8.
e) Bed and Breakfast, subject to Part 6, Section 6.7.
3.
Sizing and Dimensions of Parcels
a) No Parcel shall be created which has a Parcel Area less than 12.0 hectares.
4.
Size and Density of the Use of Land, Buildings and Structures
a) No Single Unit Dwelling shall have a Finished Floor Area that is greater than
240.0 square metres.
b) No Farm Operation Employee Dwelling shall have a Finished Floor Area that
is greater than 110 square metres.
c)
No Building or Structure shall exceed a Parcel Coverage of 35.0 percent.
d) Despite Section 14.1(4)(d), no Principal Building or Structure located within a
Farm Home Plate shall exceed coverage of 30.0 percent of the Farm Home
Plate.
e) Despite Section 14.1(4)(d), greenhouse Structures shall not exceed a Parcel
Coverage of 75.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure used for Farm Use shall exceed
a Height of 15.0 metres, measured to the highest point of the roof.
b) No Single Unit Dwelling shall exceed a Height of 11 metres.
Bylaw 1904
Bylaw 1904
Bylaw 1904
Bylaw 2099
Bylaw 2186
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c)
No Farm Operation Employee Dwelling shall exceed a Height of 7.5 metres,
measured to the highest point of the roof.
d) No Accessory Building or Structure ancillary to a Farm Use shall exceed a
Height of 7.5 metres, measured to the highest point of the roof.
e) No Accessory Building or Structure ancillary to a Residential Use and located
within a Farm Home Plate shall exceed a Height of 3.5 metres.
f)
No Principal or Accessory Buildings or Structures located within a Farm Home
Plate shall be located closer to the Parcel Line than the minimum Setback
shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
7.5 metres
Interior Side Parcel Line or
Interior Farm Home Plate Boundary
3.0 metres
Exterior Side Parcel Line
or Exterior Farm Home Plate Boundary
4.5 metres
Rear Parcel Line or
Rear Farm Home Plate Boundary
7.5 metres
g) No Principal or Accessory Buildings or Structures for a Farm Use shall be
located closer to the Parcel Line than the minimum Setback shown in the Table
below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
30.0 metres
Interior Side Parcel Line
15.0 metres
Exterior Side Parcel Line
30.0 metres
Rear Parcel Line
15.0 metres
h) Despite Section 5.2(e), no Principal or Accessory Building or Structure for a
Farm Use shall be located within 30.0 metres from the Natural Boundary of a
Watercourse.
6.
Farm Home Plate
a)
For Residential Building and Structures located on properties within the
Agricultural Land Reserve, no Buildings or Structures shall be sited outside a Farm
Home Plate.
b) No Farm Home Plate shall exceed 3,000 square metres in contiguous area.
Bylaw 1904
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c)
No Farm Home Plate shall exceed a depth of 60.0 metres as measured from
the Front Parcel Line to the rear of the Farm Home Plate.
d) The distance from the Front Parcel Line to the rear or opposite face of the
Principal Single Unit Dwelling shall not exceed 50.0 metres.
e) The distance between an Accessory Building or Structure and the Principal
Single Unit Dwelling shall not exceed 20.0 metres.
f)
The distance between any Farm Operation Employee Dwelling and the
Principal Single Unit Dwelling shall not exceed 15.0 metres.
7.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
8.
Other Regulations
a) Where the intensity of Farm Use, as identified by a professional agrologist in a
written report or as identified through a letter from the Agricultural Land
Commission, requires permanent Farm Use employees, one Farm Operation
Employee Dwelling per Parcel may be constructed, located within the Farm
Home Plate.
An Illustration of a Farm Home Plate
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b) A Farm Operation Employee Dwelling:
i)
Shall be limited to a Parcel classified as farmland under the Assessment Act.
ii) Shall not be permitted unless there is registered in the Land Title Office a
restrictive covenant restricting such Dwelling Unit to Use as a Farm
Operation Employee Dwelling.
iii) Shall not have a basement.
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14.2.
AGRICULTURE AND RESORT RECREATION (A-RR)
The purpose of the Agriculture and Resort Recreation Zone is to accommodate farm
operations on parcels located within the Provincial Agricultural Land Reserve and
those non-farm recreational uses approved by the Agricultural Land Commission.
1.
A-RR Zone Areas
a) The Agriculture and Resort Recreation Zone is divided into Sub-Areas A and B,
located as shown on the Plan in Section 14.2(13). The location of Sub-Areas A
and B shall comply with Section 14.2(13) A-RR Zone Sub-Areas.
2.
Principal Uses: Sub-Area A
a) Farm Use.
b) Single Unit Dwelling.
c)
Horse Riding Stable.
d) Horse Riding Arena.
e) Golf Course.
3.
Principal Uses: Sub-Area B
a) Farm Use.
b) Golf Clubhouse, subject to Section 14.2(12)(c).
c)
Tourist Accommodation.
4.
Accessory Uses: Sub-Area A
a) Farm Operation Employee Dwelling, subject to Section 14.2(12)(a and b).
b) Secondary Suite, subject to Part 6, Section 6.4.
c)
Coach House Dwelling, subject to Part 6, Section 6.5.
d) Golf Driving Range.
e) Home Based Business, subject to Part 6, Section 6.8.
f)
Bed and Breakfast, subject to Part 6, Section 6.7.
5.
Accessory Uses: Sub-Area B
a) Retail Sales, subject to Section 14.2(12)(d).
b) Golf Maintenance and Storage Facility.
6.
Sizing and Dimensions of Parcels
a) No Parcel in Sub-Area A shall be created which has a Parcel Area less than 12.0
hectares.
b) No Parcel in Sub-Area B shall be created which has a Parcel Area less than 1.5
hectares.
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7.
Size and Density of the Use of Land, Buildings and Structures
a) No Single Unit Dwelling shall have a Finished Floor Area that is greater than
240.0 square metres.
b) No Farm Operation Employee Dwelling shall have a Finished Floor Area that
is greater than 110 square metres.
c)
No Buildings or Structures located in Sub-Area A shall exceed a Parcel
Coverage of 35.0 percent.
d) No Principal Buildings or Structures located within a Farm Home Plate in
Sub-Area A shall exceed coverage of 30.0 percent of the Farm Home Plate.
e) No Buildings or Structures located in Sub-Area B shall exceed a Parcel
Coverage of 20.0 percent.
f)
Greenhouse Structures shall not exceed a Parcel Coverage of 75.0 percent.
8.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure in Sub-Area A or B, except a Single Unit
Dwelling, shall exceed a Height of 10.0 metres, measured to the highest point
of the roof.
b) No Single Unit Dwelling shall exceed a Height of 11.0 metres.
c)
Despite Section 14.2(8)(a), no Farm Operation Employee Dwelling shall exceed
a Height of 5.5 metres, measured to the highest point of the roof.
d) No Accessory Building or Structure located in Sub-Area A or B shall exceed a
Height of 7.5 metres, measured to the highest point of the roof, except those
Accessory Buildings or Structures located within a Farm Home Plate in Sub-
Area A which shall not exceed a Height of 3.5 metres.
e) No Principal or Accessory Buildings or Structures located within a Farm Home
Plate in Sub-Area A shall be located closer to the Parcel Line than the minimum
Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
30.0 metres
Interior Side Parcel Line or Interior Farm Home Plate Boundary
3.0 metres
Exterior Side Parcel Line or Exterior Farm Home Plate Boundary
3.0 metres
Rear Parcel Line or Rear Farm Home Plate Boundary
7.5 metres
f)
No Principal Building or Structure in Sub-Area A and Sub-Area B shall be
located closer to the Parcel Line than the minimum Setback shown in the Table
below:
Bylaw 1904
Bylaw 1904
Bylaw 2099
Bylaw 2186
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142
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
30.0 metres
Interior Side Parcel Line
15.0 metres
Exterior Side Parcel Line
30.0 metres
Rear Parcel Line
15.0 metres
9.
No Accessory Building or Structure in Sub-Area A and Sub-Area B shall be
located closer to the Parcel Line than the minimum Setback shown in the Table
below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
7.5 metres
Interior Side Parcel Line
3.0 metres
Exterior Side Parcel Line
4.5 metres
Rear Parcel Line
7.5 metres
h) Despite Section 14.2(8)(f), no Principal Building or Structure located in Sub-
Area B for Tourist Accommodation Use shall be closer to the Parcel Line than
the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Sub-Area Line
7.5 metres
Interior and Exterior Sub-Area Line
6.0 metres
Rear Sub-Area Line
6.0 metres
b) No Principal Building or Structure used for Farm Use shall exceed a Height of 15.0
metres, measured to the highest point of the roof.
i)
Despite Section 5.2(e), no Principal or Accessory Building or Structure for a
Farm Use shall be located within 30.0 metres from the Natural Boundary of a
Watercourse.
Bylaw 1904
Bylaw 2186
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10. Farm Home Plate
a)
For Residential Building and Structures located on properties within the
Agricultural Land Reserve, no Buildings or Structures shall be sited outside a Farm
Home Plate.
b) No Farm Home Plate shall exceed 3,000 square metres in contiguous area.
c)
No Farm Home Plate shall exceed a depth of 60.0 metres as measured from
the Front Parcel Line to the rear of the Farm Home Plate.
d) The distance from the Front Parcel Line to the rear or opposite face of the
Principal Single Unit Dwelling shall not exceed 50.0 metres.
e) The distance between an Accessory Building or Structure and the Principal
Single Unit Dwelling shall not exceed 20.0 metres.
f)
The distance between any Farm Operation Employee Dwelling and the
Principal Single Unit Dwelling shall not exceed 15.0 metres.
11. Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
12. Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
An Illustration of a Farm Home Plate
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13. Other Regulations
a) Where the intensity of Farm Use in Sub-Area A, as identified by a professional
agrologist in a written report or as identified through a letter from the
Agricultural Land Commission, requires permanent Farm Use employees, one
Farm Operation Employee Dwelling per Parcel may be constructed, located
within the Farm Home Plate.
b) A Farm Operation Employee Dwelling:
i)
Shall be located only on a Parcel classified as farm under the Assessment
Act.
ii) Shall not be permitted unless there is registered in the Land Title Office a
Section 219 covenant in favour of the Town, in priority over any financial
charges, in respect of any Farm Operation Employee Dwelling restricting
such Dwelling to Use as a Farm Operation Employee Dwelling.
c)
A Golf Clubhouse Use in Sub-Area B shall be subject to the active operation of
a Golf Course Use in Sub-Area A.
d) Retail Sales are limited to the sale of goods, wares, or merchandise associated
with golfing to a maximum Gross Floor Area of 140.0 square metres.
e) The golf course or driving range shall be situated so golf balls do not create a
nuisance or a danger to adjacent Parcels or an abutting Street.
f)
Light poles shall be sited and shielded so as to direct light away from
adjacent Parcels.
g) Safety netting shall be setback from the Parcel Lines by at least 30.0 metres.
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14. Plan of the Agriculture and Resort Residential (A-RR) Zone Sub-Areas
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PART 15: FORESTRY ZONES
15.1.
FORESTRY (F-1)
The purpose of the Forestry Zone is to accommodate small-scale woodlot operations.
1.
Principal Uses
a) Silviculture, excluding sawmilling and all Manufacturing and dry land log
sorting operations.
b) Primary Processing of Gravel.
2.
Accessory Uses
a) Single Unit Dwelling.
b) Secondary Suite, subject to Part 6, Section 6.4.
c)
Caretaker Dwelling Unit, subject Part 6, Section 6.6.
d) Home Based Business, subject to Part 6, Section 6.8.
3.
Sizing and Dimensions of Parcels
a) No Parcel shall be created which has a Parcel Area less than 20 hectares.
4.
Density of the Use of Land, Buildings and Structures
a) No Principal or Accessory Buildings or Structures shall exceed a Parcel
Coverage of 30.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 15 metres,
measured to the highest point of the roof.
b) Despite Section 15.1(5)(a), no Single Unit Dwelling shall exceed a Height of 7.5
metres.
c)
A Dwelling Unit with a minimum horizontal Building dimension is permitted.
d) No Principal Buildings or Structures shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
30.0 metres
Interior Side Parcel Line
15.0 metres
Exterior Side Parcel Line
30.0 metres
Rear Parcel Line
15.0 metres
Bylaw 2186
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d) No Accessory Buildings or Structures shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
7.5 metres
Interior Side Parcel Line
3.0 metres
Exterior Side Parcel Line
4.5 metres
Rear Parcel Line
7.5 metres
6.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
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PART 16: MARINE ZONES
16.1.
MARINE RESIDENTIAL MOORAGE (W-1)
The purpose of the Marine Residential Moorage Zone is primarily to accommodate
moorage associated with an established upland residential use.
1.
Principal Uses
a) Moorage, accessory to an adjacent upland Residential Use
b) Short-term Moorage.
2.
Permitted Buildings and Structures
a) One Dock consisting of a single elevated pier/walkway, ramp, and Moorage
float per adjacent upland Parcel.
b) One Gear Locker per adjacent upland Parcel.
3.
Size and Density of the Use of Land, Buildings and Structures
a) No Gear Locker shall have a maximum Finished Floor Area
that is greater than 10.0 square metres.
b) The maximum surface area of all Dock Structures shall be 20.0 square metres.
4.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Building or Structure shall exceed a Height of 2.0 metres, measured to the
highest point of the roof.
b) No Gear Locker shall be located closer than 10.0 metres to the Natural
Boundary of the sea.
c)
Docks, pier/walkway, floats, ramps or other similar Structures shall not extend
more than 30 metres from the present Natural Boundary of the upland Parcel.
d) No Building or Structure shall be sited within 125 metres of the W-4 Zone.
e) An access ramp associated with any Docks, pier/walkway, floats or other
similar Structures shall be limited to a width of 1.5 metres.
f)
All portions of a Dock, other than the access ramp referred to in Section
16.1.4(e), shall be limited to a width of 3.0 metres.
g) All piers/walkways and access ramps must be a minimum of 2.0 metres above
the highest High Water Mark and have a minimum clearance of 2.0.metres
above the seabed to allow unimpeded pedestrian passage along the foreshore
at low tide.
h) The bottom of any Moorage floats must have be a minimum of 1.5 m above
the seabed during the lowest tide.
Bylaw 2186
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5.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
6.
Other Regulations
a) It is a condition of a Moorage Use that the adjacent upland Parcel must be
used for a Residential Use.
b) The surface of the water may be used for Moorage Use by a Boat with a toilet
only if the Boat has a sewage holding tank.
c)
No Moorage of motorized Boats shall be permitted on the water Lot legally
described as District Lot 462, Cowichan District.
d) No fuel storage shall be permitted on any Structure in the W-1 Zone.
e) Moorage Accessory to upland Multiple Unit Dwelling use shall be limited to
one berth per Dwelling Unit.
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16.2.
MARINA (W-2)
The purpose of the Marina Zone is to accommodate marinas, commercial moorage
and related services and facilities, with the intent of maintaining a small-scale
harbour character.
1.
Principal Uses
a) Marina.
b) Commercial Moorage.
c)
Short-term Moorage.
d) Boat Launch.
e) Restaurant.
f)
Cultural Facility.
g) Welcome Centre, including Assembly Use.
h) Seafood Sales.
i)
Non-Motorized Recreational Equipment Sales or Rental.
j)
Boat Building and Repair.
k)
Marine Rescue Facility.
l)
Marine Fuel Supply Station.
2.
Accessory Uses
a) Office.
b) Sewage Pump-out.
c)
Yacht Club Clubhouse.
d) Live-Aboard, on the water Lot legally described as Block C of District Lot 2016,
Cowichan District, subject to Section 16.2(7)(a).
e) Retail Sales, subject to Section 16.2(4)(b).
3.
Permitted Buildings and Structures
a) Piers and walkways.
b) Dock, floats, ramps, quays, and other similar Structures.
c)
Boathouse, on the water Lots legally described as Block C of District Lot 2054,
Cowichan District and District Lot 2061, Cowichan District.
d) Boat Shelter.
e) Mooring buoys.
f)
Dolphins, pilings.
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g) Breakwater.
h) Barge Ramp.
4.
Size and Density of the Use of Land, Buildings and Structures
a) Live-Aboards shall be limited to a maximum of 12 and shall be connected to
community water system and community sanitary sewer system.
b) All Retail Sales shall be limited to 25.0 square metres of Gross Floor Area.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Boathouse shall exceed a Height of 9.0 metres, measured to the highest
point of the roof.
b) All other Buildings or Structures shall not exceed 7.5 metres in Height,
measured to the highest point of the roof.
c)
An access ramp associated with any Docks, floats, piers/walkways or other
similar Structures shall be limited to a width of 2.4 metres, except for a Barge
Ramp which shall be limited to a width of 6.0 metres.
d) No Buildings or Structures, not including Docks, floats, ramps, quays, or other
similar Structures, shall be closer than 10.0 metres to the Natural Boundary of
the sea.
e) Any Docks, floats, ramps, quays, or other similar Structures shall not be located
within the seaward extension, perpendicular to the shoreline, of the boundary
of a streamside protection riparian area located 30 metres on either side of
the Natural Boundary of a Watercourse, excluding the sea.
f)
No Buildings or Structures shall be sited within 125 metres of the boundary of
the W-4 Zone actively used for purposes permitted in the W-4 Zone.
6.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
7.
Other Regulations
a) A Marina Use must be in existence for Live-Aboard Use to be permitted in the
water Lot legally described as Block C of District Lot 2016, Cowichan District,
and is only permitted if the Marina Docks are open to the public at all times.
Bylaw 2186
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16.3.
MARINE INDUSTRIAL (W-3)
The purpose of the Marine Industrial Zone is to accommodate marine and
forestry-related industrial Uses.
1.
Principal Uses
a) Log Handling, Sorting, and Storage Yard.
b) Boat Building and Repair.
c)
Marine Park.
d) Boat Launch.
2.
Accessory Uses
a) Office.
b) Loading and Unloading associated with an upland Industrial Use.
3.
Permitted Building and Structures
a) Dock, floats, ramps, quays, and other similar Structures.
b) Breakwater.
4.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure in shall exceed a Height of 15.0 metres,
measured to the highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 5.0 metres,
measured to the highest point of the roof.
c)
No Buildings or Structures, not including Docks, floats, ramps, quays, or other
similar Structures, shall be closer than 5.0 metres to the Natural Boundary of
any body of water.
d) Any Docks, floats, ramps, quays, or other similar Structures shall not be sited
within the seaward extension, perpendicular to the shoreline, of the boundary
of a riparian area located 30 metres on either side of the Natural Boundary of
a Watercourse.
e) No Principal or Accessory Buildings or Structures shall be sited within 300
metres of the boundary of the W-4 Zone.
5.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
Bylaw 2186
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16.4.
MARINE HARVESTING (W-4)
The purpose of the Marine Harvesting Zone is to accommodate shellfish
aquaculture operations.
1.
Principal Uses
a) Shellfish Aquaculture.
2.
Permitted Structures
a) Structures Accessory to Shellfish Aquaculture.
3.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Structure shall exceed a Height of 2.0 metres, measured to the highest
point of the roof.
Bylaw 2186
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16.5.
MARINE CONSERVATION (W-5)
The purpose of the Marine Conservation Zone is to protect and conserve estuaries
and sensitive wetland ecosystems.
1.
Principal Uses
a) Marine conservation.
2.
Permitted Structures
a) Boardwalk.
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16.6.
MARINE PARK AND RECREATION (W-P)
The purpose of the Marine Park and Recreation Zone is to accommodate low-impact
water-oriented recreation.
1.
Principal Uses
a) Marine Park.
2.
Accessory Uses
a) Short-term Moorage, subject to Section 16.6(5)(a).
3.
Permitted Structures
a) Dock, floats, ramps, piers/walkways and other similar Structures.
b) Boardwalk.
4.
Siting, Sizing and Dimension of Structures
a) No Structures shall be sited closer than 6 metres from the seaward extension,
perpendicular to the shoreline, of an adjacent upland Side Parcel Line or the
water Lot boundary.
5.
Other Regulations
a) Short-term Moorage shall not include an overnight period unless the Moorage
is required in the course of navigation.
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PART 17: COMPREHENSIVE DEVELOPMENT ZONES
17.1.
COMPREHENSIVE DEVELOPMENT 1 - RESERVED FOR FUTURE USE
Bylaw 2069
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17.2.
COMPREHENSIVE DEVELOPMENT 2 - CLUSTER HOUSING (CD-2)
The purpose of the Comprehensive Development Two zone is to accommodate
low-density comprehensive residential development, with the opportunity of a
density bonus for demonstrated enhanced energy efficiency.
1.
Principal Uses
a) Single Unit Dwelling.
2.
Accessory Uses
a) Home Based Business, subject to Part 6, Section 6.8.
b) Despite Part 6, Section 6.4, a Secondary Suite is not permitted.
3.
Sizing and Dimensions of Parcels
a) No Parcel shall be created which has a Parcel Area less than 1.0 hectare.
4.
Density of the Use of Land, Buildings and Structures
a) The maximum number of Dwelling Units in this Zone is 12 units.
b) Despite Section 17.2(4)(a), a density bonus is permitted within the CD-2 Zone
as indicated in the table below where amenities listed in Column 1 are
provided to assist the Town of Ladysmith in meeting its greenhouse gas
emission reduction targets in accordance with the Official Community Plan.
Where the developer provides the amenities listed in Column 1, a density
bonus is permitted as listed in Column 2.
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COLUMN 1:
AMENITIES
COLUMN 2:
DENSITY BONUS
Each Single Unit Dwelling shall attain a minimum of
EnerGuide 80 Energy Standard, and the following steps shall
be completed for each Single Unit Dwelling:
1. Prior to issuance of a Building permit, provide to the
Town a copy of the energy audit from a Certified Energy
Advisor.
2. Prior to issuance of a Building permit, provide a letter
of credit to the Town for 1% of the construction costs.
3. Prior to issuance of an occupancy permit, provide to the
Town a letter from the Certified Energy Advisor stating
that the Single Unit Dwelling has complied with the
EnerGuide 80 Energy Standard.
4. The letter of credit will be returned once the letter from
the Certified Energy Advisor stating that the Single Unit
Dwelling has complied with the EnerGuide 80 Energy
Standard has been received by the Building Inspector.
5. The letter of credit will be cashed and retained by the
Town if the Energuide 80 Energy Standard is not met.
A
maximum of
20 Dwelling Units
is permitted in the
CD-2 Zone.
c) No Accessory Building shall have a Gross Floor Area that is greater than
45 square metres.
d) No Principal or Accessory Buildings or Structures when combined shall exceed
a total Parcel Coverage of 30.0 percent.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building shall have a horizontal Building dimension less than
6.5 metres.
b) No Principal Building or Structure shall exceed a Height of 7.5 metres.
c)
No Accessory Building or Structure shall exceed a Height of 3.5 metres.
d) No Accessory Building or Structure shall exceed one Storey.
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e) No Principal or Accessory Buildings or Structures shall be located closer to the
Parcel Line than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior Side Parcel Line
6.0 metres
Exterior Side Parcel Line
6.0 metres
Rear Parcel Line
6.0 metres
f)
Despite Section 17.2(5)(e), the Setback from the north Side Parcel Line for Unit
#1 may be 4.5 metres.
6.
Landscaping and Screening
a) Despite Part 5, Section 5.21: Fence Regulations, a continuous wooden
Fence with a minimum Height of 1.2 metres shall be provided on Parcel Lines
adjacent to neighbouring Residential development, as shown on
Figure 17.2.1: Comprehensive Development 2 (CD-2) Zone Site Plan.
b) Disposal of surface run-off and rain water must be managed in part through
the installation of a Bio-Swale, generally as shown on Figure 17.2.1.
c) A minimum of 40% of the Parcel Area in the CD-2 Zone shall remain free of
coverage by impermeable surfaces.
d) Existing vegetation within the conservation buffer area identified on
Figure 17.2.1 shall be maintained and preserved to provide a protection and
buffer for the steep slope and Holland Creek trail.
7.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
b) In addition to the parking required in accordance with Section 17.2(7)(a), a
minimum of six parking stalls shall be provided for visitor parking.
8.
Site Plan
a) The location of Buildings and Structures shall generally comply with
Figure 17.2.1: Comprehensive Development 2 (CD-2) Zone Site Plan.
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FIGURE 17.2.1: COMPREHENSIVE DEVELOPMENT 2 (CD-2) ZONE SITE PLAN
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17.3.
COMPREHENSIVE DEVELOPMENT 3 - MALONE RESIDENTIAL (CD-3)
The purpose of the Comprehensive Development 3 Zone is to accommodate a
mixed residential neighbourhood with a range of housing options and densities.
Emphasis is placed on protecting the natural ecosystems and landscape through
comprehensive site planning.
1.
CD-3 Zone Areas
a) The Comprehensive Development 3 Zone is divided into Areas A, B and C,
located as shown on the Plan in Section 17.3(15). The location of Areas A, B,
and C shall comply with Section 17.3(15) CD-3 Zone Areas.
2.
Principal Uses: Area A
a) Single Unit Dwelling.
b) Two Unit Dwelling.
3.
Principal Uses: Area B
a) Single Unit Dwelling.
b) Two Unit Dwelling.
4.
Principal Uses: Area C
a) Multiple-Unit Dwellings.
5.
Accessory Uses: Area A and B
a) Home Based Business, subject to Part 6, Section 6.8.
b) Secondary Suite, subject to Part 6, Section 6.4.
c)
Coach House, subject to Part 6, Section 6.5.
6.
Accessory Uses: Area C
a) Home Based Business, subject to Part 6, Section 6.8.
7.
Sizing and Dimensions of Parcels: Area A and B
a) No Parcel shall be created which has a Parcel Area less than 668 square metres
in area.
b) No Parcel shall be created which has a frontage less than 12.0 metres.
8.
Sizing and Dimensions of Parcels: Area C
a) No Parcel shall be created which has a Parcel Area less than 2.5 hectares.
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9.
Size and Density of the Use of Land, Buildings and Structures: Areas A and B
a) Where only one dwelling unit is constructed on a parcel no Single Unit
Dwelling shall have a Finished Floor Area that exceeds 240.0 square metres.
b) The maximum number of Dwelling Units permitted per Parcel in Areas A and B
is as shown in the Table below:
PARCEL AREA
MAXIMUM DWELLING
UNITS PERMITTED
4,050.0 square metres or larger
Two units
Less than 280.0 square metres
Three units
Between 280.0 square metres and 4,050.0
square metres
Four units
c)
No Building or Structure shall exceed a Parcel Coverage of:
i) 33.0 percent where only one dwelling is located on a parcel; and
ii) 50.0 percent where more than one dwelling unit is located on a parcel.
10. Density of the Use of Land, Buildings and Structures: Area C
a) The maximum number of Dwelling Units is 103 Dwelling Units.
b) The Floor Space Ratio shall not exceed 0.66.
c)
No Building or Structure shall exceed a Parcel Coverage of 33.0 percent.
d) A Parcel may contain more than one Principal Building.
11. Siting, Sizing and Dimension of Uses, Buildings and Structures: Areas A and B
a) No Principal Building or Structure shall exceed a Height of 11.0 metres.
b) No Accessory Building or Structure shall exceed a Height of 3.5 metres.
c)
No Principal Building or Structure, or Coach House Dwelling shall be located
closer to the Parcel Line than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
4.5 metres
Interior or Exterior Side Parcel Line
1.2 metres
Rear Parcel Line
1.5 metres
d) Despite Section 17.3(11)(c), any portion of a Building comprising an attached
garage shall be offset a minimum of 1.5 metres from the front face of the
Building.
Bylaw 1904
Bylaw 2099
Bylaw 2186
Bylaw 2186
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e) Despite Section 17.3(11)(c), no Buildings or Structures shall be located closer
than 6.0 metres to the boundary of a hydro right of way Lot line.
f)
Buildings containing dwelling units on the same parcel shall be
separated by a minimum horizontal distance of:
i)
2.4 meters, where each building is sprinklered; and
ii) 4.8 meters, where any part of a building is not sprinklered
g)
No Accessory Building or Structure shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
1.0 metres
Rear Parcel Line
1.0 metres
h) Despite Section 17.3(11)(f), no Accessory Buildings or Structures shall be located
closer than 6.0 metres to the boundary of a hydro right of way Lot line.
12. Siting, Sizing and Dimension of Uses, Buildings and Structures: Sub-Areas C
a) No Principal Building or Structure shall exceed a Height of 10.0 metres,
measured to the highest point of the roof.
b) No Building or Structure shall be located closer to the Parcel Line than the
minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior Side Parcel Line
3.0 metres
Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
3.0 metres
c)
Despite Section 17.3(12)(b), no Building or Structure shall be located closer
than 6.0 metres to the boundary of a hydro right of way Lot line and 6.0
metres to the boundary of Area B as shown on the plan in Section 17.3(16).
d) No Buildings or Structures may be located within a Streamside Protection
Enhancement Area as defined by the Riparian Area Regulation, B.C. Reg.
376/2004.
Bylaw 2186
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13. Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
14. Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8 Parking and Loading Regulations.
15. Plan of the Comprehensive Development 3 (CD-3) Zone Areas
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17.4.
COMPREHENSIVE DEVELOPMENT 4 - WATERFRONT RESERVE ZONE (CD-4)
The purpose of the Comprehensive Development 4 Zone is to permit existing uses
and new uses requiring limited infrastructure until further planning, analysis and
consultation are completed.
1.
CD-4 Zone Areas
b) The Comprehensive Development 4 Zone is divided into Sub-Areas A and B,
located as shown on the Plan in Section 17.4(11). The location of Sub-Areas A
and B shall comply with Section 17.4(11) CD-4 Zone Areas.
2.
Principal Uses: Sub-Area A
a) Nature Park.
b) Outdoor Recreation Facility.
c)
Assembly.
d) Community Garden.
e) Farmer's Market.
f)
Railway Passenger Depot.
3.
Principal Uses: Sub-Area B
a) Nature Park.
b) Outdoor Recreation Facility.
c)
Assembly.
d) Community Garden.
e) Farmer's Market.
f)
Cottage Industry.
g) Cultural Facility.
h) Office.
i)
Artist Studio.
j)
Visitor Centre.
k) Railway Passenger Depot.
l)
Micro-Brewery.
m) Brewery, Distillery, Bottling and Distribution.
n) Retail Sales.
o) Coffee Shop.
p) Restaurant.
q) Artifact and Boat Restoration.
Bylaw 2012
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4.
Accessory Uses
a) Food Truck.
b) Retail Sales.
c)
Public Parking, Short-Term.
d) Temporary Overnight Accommodation.
5.
Sizing and Dimensions of Parcels
a) No Parcel shall be created which has a Parcel Area less than 1 hectare.
6.
Size and Density of Use of Land, Buildings and Structures
a) No Buildings or Structures shall exceed a Parcel Coverage of 5.0 percent.
7.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Building shall exceed a Height of 9.0 metres, measured to the highest point
of the roof.
b) No Buildings or Structures located on a Parcel within this Zone shall be closer to
the Parcel Line than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
3.0 metres
8.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
9.
Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance with
Part 8: Parking and Loading Regulations.
Bylaw 1904
Bylaw 2012
Bylaw 2012
Bylaw 2012
Bylaw 2012
Bylaw 2186
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10. Plan of the Comprehensive Development 4 (CD-4) Zone Sub-Areas
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17.5 COMPREHENSIVE DEVELOPMENT 5 - COMMUNITY HOUSING ZONE (CD-5)
The purpose of the CD-5 Community Housing Zone is to accommodate multiple unit
rental tenure housing to serve the community's diverse housing needs.
1.
Principal Uses
a) Multiple-Unit Dwellings.
2.
Accessory Uses
a) Home Based Business, subject to Part 6, Section 6.8.
b) Recreation Activity Space.
c) Assembly.
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 2,023 square
metres.
b) No Parcel shall be created which has a Frontage less than 18.28 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) The Floor Space Ratio shall not exceed 1.5.
b) The maximum number of Dwelling Units permitted in this Zone is 180 units
per hectare of Land.
c) No Building or Structures shall exceed a Parcel Coverage of 50.0 percent.
d) Despite Section 17.5 (4)(d) where all required off-street parking is provided
underground, no Buildings or Structures in this Zone shall exceed a maximum
Parcel Coverage of 60.0 percent.
e) A Parcel may contain more than one Principal Building.
5. Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 12.5 metres,
measured to the highest point of the roof.
b) No Accessory Building or Structure shall exceed a Height of 5.0 metres.
c) No Principal Buildings or Structures shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM
SETBACK
Front Parcel Line
6.0 metres
Interior Side or Exterior Side Parcel Line
4.5 metres
Bylaw 1983
Bylaw 2099
Bylaw 2186
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Rear Parcel Line
4.5 metres
d) No Accessory Building or Structure, with a Finished Floor Area (m2) as shown
in the Table below, shall be located closer to the Parcel Line than the
minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM
SETBACK
≤ 10.0 M2
MINIMUM
SETBACK
>10.0 M2
Front Parcel Line
6.0 metres
6.0 metres
Interior or Exterior Side Parcel
Line
1.0 metres
1.5 metres
Rear Parcel Line
1.0 metres
1.5 metres
6. Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7. Parking and Loading
a) Off-street parking and off-street loading shall be provided in accordance
with Part 8: Parking and Loading Regulations.
8. Form of Tenure
a) One hundred percent (100%) of the Dwelling Units in the CD-5 Zone shall be
limited to Residential Rental Tenure.
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17.6 COMPREHENSIVE DEVELOPMENT 6 - BELAIRE MIXED-USE (CD-6)
The purpose of the CD-6 Belaire Mixed-Use is to accommodate a four-storey mixed-
use development containing ground floor commercial and second, third, and fourth
floor multi-family residential development.
1.
Principal Uses
a) Coffee shop
b) Community care facility
c) Media production studio
d) Multiple-Unit Dwellings
e) Neighbourhood pub
f) Office
g) Personal service establishment
h) Restaurant
i) Retail sales
j) Veterinary clinic
2.
Accessory Uses
a) Home Based Business, subject to Part 6, Section 6.8.
3.
Sizing and Dimension of Parcels
a) No Parcel shall be created which has a Parcel Area less than 1,500 square
metres.
b) No Parcel shall be created which has a Frontage less than 30 metres.
4.
Size and Density of the Use of Land, Buildings and Structures
a) The Floor Space Ratio shall not exceed 1.3.
b) The maximum number of Dwelling Units permitted in this Zone is one.
c)
Notwithstanding Section 17.6(4)(b), the owner shall be entitled to a maximum
residential density of 53.5 units per hectare, to a maximum of 8 units,
provided that:
i) the owner constructs, at their cost, street parking and drainage
improvements, in accordance with the standards established by the
Town, on that portion of Rigby Place immediately adjacent to Wickham
Park; and
Bylaw 2020
Bylaw 2066
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ii) prior to obtaining a building permit for the dwelling units under this
section, the owner provides a bond or other surety satisfactory to the
Town from which the Town may draw upon if the owner fails to
complete the works under (i).
d) Notwithstanding Section 17.6(4)(b) and (c), the owner shall be entitled to a
maximum residential density of 78.5 units per hectare, to a maximum of 12
units, provided that:
i)
the owner constructs, at their cost, street parking and drainage
improvements, in accordance with the standards established by the
Town, on that portion of Rigby Place immediately adjacent to Wickham
Park;
ii) the owner constructs, at their cost, a public gathering space, in
accordance with the standards established by the Town, in Wickham
Park;
iii) prior to obtaining a building permit for the dwelling units under this
section, the owner provides a bond or other surety satisfactory to the
Town from which the Town may draw upon if the owner fails to
complete the works under (i) and (ii);
iv) a minimum of 60 percent of the off-street parking spaces for the dwelling
units, as required in Part 8: Parking and Loading Regulations, are
provided as Underbuilding Parking; and
v) all Principal Buildings meet or exceed Step 1 of the British Columbia
Energy Step Code.
e) No commercial use on the parcel shall have a Gross Floor Area greater than
250 square metres.
f)
The combined Floor Space Ratio for all commercial uses on the property shall
not exceed 0.5.
g)
No Building or Structures shall exceed a Parcel Coverage of 40.0 percent.
h) A Parcel may contain more than one Principal Building.
5.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) No Principal Building or Structure shall exceed a Height of 14.5 metres,
measured to the highest point of the roof.
No Accessory Building or Structure shall exceed a Height of 5.0 metres.
b) No Principal Buildings or Structures shall be located closer to the Parcel Line
than the minimum Setback shown in the Table below:
PARCEL LINE
MINIMUM SETBACK
Bylaw 2186
TOWN OF LADYSMITH ZONING BYLAW 2014, No. 1860 - SCHEDULE A - CONSOLIDATION, December 6, 2024
172
Front Parcel Line (Belaire Street)
2.0 metres
Interior Side Parcel Line
4.5 metres
Exterior Side Parcel Line
2.0 metres
Rear Parcel Line
17.0 metres
c)
The maximum Finished Floor Area of the fourth Storey of a Principal Building
shall not exceed 80.0 percent of the Finished Floor Area of the Storey with the
largest Finished Floor Area.
d) No Accessory Building or Structure, with a Finished Floor Area greater than 15
m2, shall be located closer to the Parcel Line than the minimum Setback shown
in the Table below:
PARCEL LINE
MINIMUM SETBACK
Front Parcel Line
6.0 metres
Interior Side Parcel Line
4.5 metres
Exterior Side Parcel Line
3.0 metres
Rear Parcel Line
13.0 metres
6.
Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
7.
Parking and Loading
a) Off-street parking shall be provided in accordance with Part 8: Parking and
Loading Regulations.
b) Notwithstanding (a);
i)
the total number of on-site loading spaces required on a parcel shall be
one; and
ii) a maximum of 50 percent of the total off-street parking requirement
may be designated as small car spaces.
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17.7 COMPREHENSIVE DEVELOPMENT 7 - ROCKY CREEK ROAD MIXED-USE
RESIDENTIAL (CD-7)
The purpose of the Comprehensive Development 7 Zone is to accommodate a
mixed-use residential neighbourhood with a range of housing options and densities,
with flexibility in permitted uses to allow for the option of Live-Work uses adjacent
to Rocky Creek Road and to provide access to local commercial services for existing
and future residents.
1.
Principal Uses
a) Artist Studio.
b) Bakery.
c)
Coffee Shop.
d) Commercial School.
e) Community Care Facility.
f)
Convenience Store.
g) Cottage Industry.
h) Liquor Retail Sales.
i)
Media Production Studio.
j)
Micro-Brewery.
k)
Multiple-Unit Dwelling.
l)
Neighbourhood Pub.
m) Non-Motorized Recreational Equipment Sales or Rental
n) Office.
o) Personal Service Establishment.
p) Restaurant.
q) Retail Sales.
r)
Single Unit Dwelling.
s)
Tourist Accommodation.
t)
Two Unit Dwelling.
u) Townhouse Dwelling.
v)
Veterinary Clinic.
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2.
Accessory Uses
a) Coach House Dwelling, as an Accessory Use to a Single Unit Dwelling, and
subject to Part 6, Section 6.5.
b) Home Based Business, subject to Part 6, Section 6.8.
c)
Recreation Activity Space.
d) Secondary Suite, subject to Part 6, Section 6.4.
e) Urban Agriculture.
3.
Sizing and Dimensions of Parcels
a) No Parcel for a Single Unit Dwelling Use shall be created which has a Parcel
Area less than 372 square metres in area.
b) No Parcel for a Two Unit Dwelling Use shall be created which has a Parcel Area
less than 780 square metres in area.
c)
No Parcel for a Multiple-Unit Dwelling or a Townhouse Dwelling shall be
created which has a Parcel Area less than 2023 square metres.
d) No Parcel for a commercial use shall be created which has a Parcel Area less
than 668 square metres in area.
e) No Parcel shall be created which has a Frontage of less than 12.19 metres.
4.
Total Density of the Use of Land, Buildings and Structures
a) For the Parcel legally described as Lot A, District Lots 81, 86 and 98, Oyster
District, Plan EPP87265 (PID: 030-801-460), the maximum number of Dwelling
Units is 282 in total.
b) The maximum number of Dwelling Units permitted by subsection 17.7.4.a)
applies despite any subdivision of the Parcel specified.
c)
For the purpose of calculating the maximum total density permitted by
17.7.4.a) and b), an Accommodation Unit for a Tourist Accommodation Use will
be counted as a Dwelling Unit.
5.
Size and Density of the Use of Land, Buildings and Structures
a) For a Single Unit Dwelling section 10.4.4. "Size and Density of the Use of Land,
Buildings and Structures" of Section 10.4 "Single Dwelling Residential - Small
Lot B Zone (R-1-A)" shall apply.
b) For a Two Unit Dwelling section 10.6.4. "Size and Density of the Use of Land,
Buildings and Structures" of Section 10.6 "Old Town Residential (R-2)" shall
apply.
c)
For a Multiple-Unit Dwelling or a Townhouse Dwelling the Floor Space Ratio
shall not exceed 2.0.
Bylaw 2186
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d) For a Parcel created for a Multiple-Unit Dwelling or a Townhouse Dwelling, no
Building or Structure shall exceed a Parcel Coverage of 50.0 percent.
e) No commercial use on a Parcel shall have a Gross Floor Area greater than 200
square metres.
d) Despite subsection 17.7.5.e) a maximum of one commercial use on the Parcel
legally described as Lot A, District Lots 81, 86 and 98, Oyster District, Plan
EPP87265 (PID: 030-801-460), may have a Gross Floor Area of no greater than
500 square metres. The maximum of one commercial use no greater than 500
square metres applies despite any subdivision of the Parcel specified.
f)
The combined Floor Space Ratio for all commercial uses on a Parcel shall not
exceed 0.5.
g) Commercial uses may only be located on the First Storey of a Building.
h) Despite section 17.7.5(g) Tourist Accommodations may be located above the
First Storey of a Building.
i)
A Parcel may contain more than one Principal Building.
j)
Despite section 17.7.5.(i) a Parcel for a Single Unit Dwelling shall not contain
more than one Principal Building.
6.
Siting, Sizing and Dimension of Uses, Buildings and Structures
a) For a Single Unit Dwelling section 10.4.5. "Siting, Sizing and Dimension of Uses,
Buildings and Structures" of Section 10.4 "Single Dwelling Residential - Small
Lot B Zone (R-1-A)" shall apply.
b) For a Two Unit Dwelling section 10.6.5 "Siting, Sizing and Dimension of Uses,
Buildings and Structures" of Section 10.6 "Old Town Residential (R-2)" shall
apply.
c)
For a Multiple-Unit Dwelling or a Townhouse Dwelling section 10.10.5 "Siting,
Sizing and Dimension of Uses, Buildings and Structures" of Section 10.10
"Medium Density Residential (R-3)" shall apply.
d) Despite section 10.10.5.(a) a Multiple-Unit Dwelling Building shall not exceed a
Height of 21.0 metres, measured to the highest point of the roof.
e) Despite section 10.10.5.(d) no Multiple-Unit Dwelling Building shall be located
closer than 6.0 metres from any Parcel Line that abuts a Parcel that contains a
Single Unit Dwelling or a Two Unit Dwelling.
7.
Landscaping and Screening
b) Landscaping and screening shall be provided in accordance with
Part 7: Landscaping and Screening Regulations.
Bylaw 2186
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8.
Parking and Loading
b) Off-street parking and off-street loading shall be provided in accordance with
Part 8 Parking and Loading Regulations.
9.
Additional Option for Live-Work Industrial Development
a) For the portion of Parcel legally described as Lot A, District Lots 81, 86 and
98, Oyster District, Plan EPP87265 (PID: 030-801-460), shown in Figure
17.7, the Uses permitted in the I-1A Zone are permitted in addition to the Uses
listed in section 17.7.1 and 17.7.2, subject to meeting the requirements for:
sizing and dimension of parcels; size and density of the use of the land,
buildings and structures; siting sizing and dimensions of uses, buildings and
structures; landscaping and screening; parking and loading; and, other
regulations as provided in sections 12.1.3 to 12.1.8 of Section 12.1 "Live/Work
Industrial (I-1A)".
Figure 17.7
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17.8
Holland Creek Mixed-Use Residential (CD-8)
The purpose of the Comprehensive Development 8 Zone is to accommodate mixed-use
residential neighbourhoods with a range of housing options and densities and local
commercial services.
1. Principal Uses
a) Multiple Unit Dwelling
b) Single Unit Dwelling
c) Townhouse Dwelling
d) Two Unit Dwelling
2. Accessory Uses
a) Artist Studio
b) Bakery
c) Coach House subject to Part 6, Section 6.5
d) Coffee Shop
e) Community Care Facility
f) Convenience Store
g) Cottage Industry
h) Home Based Business, subject to Part 6, Section 6.8.
i) Office
j) Personal Service Establishment
k) Retail Sales
l) Secondary Suite subject to Part 6, Section 6.4.
3. Sizing and Dimension of Parcels
a) No Parcel for a Single Unit Dwelling Use shall be created which has a Parcel Area less
than 372 square metres in area.
b) No Parcel for a Two Unit Dwelling, Townhouse Dwelling or Multiple-Unit Dwelling
Use shall be created which has a Parcel Area less than 780 square metres in area.
c) No Parcel shall be created which has a Frontage of less than 12.19 metres.
4. Size and Density of the Use of Land, Buildings and Structures
a) For a Single Unit Dwelling section 10.4.4. "Size and Density of the Use of Land,
Buildings and Structures" of Section 10.4 "Single Dwelling Residential - Small Lot B
Zone (R-1-B)" shall apply.
b) For a Two Unit Dwelling section 10.6.4. "Size and Density of the Use of Land,
Buildings and Structures" of Section 10.6 "Old Town Residential (R-2)" shall apply.
c) For a Multiple-Unit Dwelling or a Townhouse Dwelling the Floor Space Ratio shall
not exceed 2.0.
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d) Notwithstanding subsections 17.8(4) (a), (b) and (c), the maximum number of
Dwelling Units permitted in this zone shall not exceed:
i.
100 units in Area A as shown in Figure 17.8.1; and
ii.
400 units in Area B as shown in Figure 17.8.1
FIGURE 17.8.1
e) The maximum Parcel Coverage of all Buildings and/or Structures, excluding Buildings
or Structures used exclusively for off-street parking, shall be 50.0 percent.
f) Where at least 50% of required off-street parking is provided underground, the
maximum Parcel Coverage of all Buildings and/or Structures, excluding Buildings or
Structures used exclusively for off-street parking, shall be 60.0 percent.
g) No commercial use shall have a Gross Floor Area greater than 200 square metres.
h) The combined Floor Space Ratio for all commercial uses on a Parcel shall not exceed
0.5.
i) Commercial uses may only be located on the First Storey of a Building.
j) A Parcel may contain more than one Principal Building.
k) Despite subsection 17.8(4)(j) a parcel less than 780 square meters shall not contain
more than one Principal Building
5. Siting, Sizing and Dimension of Uses Buildings and Structures
a) No Multi-Family Building shall exceed a Height of 14 metres.
b) No Single-Unit or Two-unit Building shall exceed a Height of 9.0 metres
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c) Despite subsection (b), where the roof pitch of a Single-Unit or Two-unit is less than
4:12, the maximum Height shall be 7.5 metres.
d) No Accessory Building or Structure shall exceed a Height of 7.5 metres; except
where the roof pitch is less than 4:12, in which case the maximum shall be 5.0
metres.
e) No Principal Buildings or Structures shall be located closer to the Parcel Line than the
minimum setback shown in the Table below:
Parcel Line
Minimum Setback
Front Parcel Line
6.0 metres
Interior Side of Parcel (Single-unit dwelling
or Two-unit dwelling)
2.0 Metres
Exterior Side of Parcel (Single-unit
dwelling or Two-unit dwelling)
2.5 metres
Exterior/Interior Side of Parcel (multiple-
unit dwelling)
4.5 metres
Rear Parcel Line
4.5 metres
f) No Accessory Building or Structure shall be located closer to the Parcel Line than the
minimum Setback shown in the Table below:
Parcel Line
Minimum Setback
Front Parcel Line
6.0 metres
Interior or Exterior Side Parcel Line
1.5 metre
Rear Parcel Line
1.5 metre
6. Landscaping and Screening
a) Landscaping and screening shall be provided in accordance with Part 7: Landscaping
and Screening Regulations.
7. Parking and Loading
A) Off-street parking and off-street loading shall be provided in accordance with Part 8:
Parking and Loading Regulations.
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METRIC CONVERSION CHART
This chart is provided for convenience only and does not form part of this Bylaw.
METRES FEET
METRES
FEET
(m)
(ft)
(m)
(ft)
0.1
0.3
5.8
19
0.165
0.5
6
19.7
0.2
0.7
7
23
0.3
1
7.3
24
0.4
1.3
7.32
24
0.5
1.6
7.5
24.6
0.6
2
7.6
25
0.7
2.3
8
26
0.8
2.6
9
29.5
0.9
2.9
9.15
30
1
3.3
9.3
30.5
1.2
3.9
9.5
31.2
1.4
4.6
10
32.8
1.5
4.9
10.4
34.1
1.8
5.9
10.5
34.4
1.9
6.2
11
36.1
2
6.6
12
39.4
2.1
6.9
12.19
40
2.2
7.2
13.5
44.3
2.29
7.5
14
45.9
2.4
7.9
15
49.2
2.5
8.2
18
59
2.6
8.5
18.28
60
2.7
8.9
20
65.6
2.75
9
21
68.9
3
9.8
24.38
80
3.5
11.5
30
98.4
3.6
11.8
36.57
120
3.7
12.1
45
147.6
4.5
14.8
50
164
4.9
16.1
60
196.9
5
16.4
90
295.3
5.2
17.1
100
328
5.5
18
125
410.1
5.7
18.7
SQUARE
METRES
SQUARE
FEET
SQUARE
METRES
SQUARE
FEET
(m2)
(ft2)
(m2)
(ft2)
0.4
4.3
110
1,184
1
10.8
121
1,302
2
21.5
137
1,475
3
32.3
140
1,507
3.5
37.7
175
1,884
4
43.1
200
2,153
5
53.8
223
2,400
6
64.6
240
2,583
7
75.3
277
2,972
8
86.1
300
3,229
9
96.9
334
3,595
9.3
100.1
372
4,004
10
107.6
390
4,198
20
215.3
400
4,306
25
269.1
465
5,005
30
322.9
500
5,382
32
344.4
600
6,458
37
398.3
626
6,738
40
430.6
668
7,190
45
484.4
695
7,481
50
538.2
700
7,535
60
645.8
780
8,396
70
753.5
892
9,601
71
764.2
1,000
10,764
83
893.4
1,250
13,455
85
914.9
1,394
15,005
90
968.8
1,460
15,715
100
1,076
HECTARES
ACRES
(Ha)
1
2.47
1.5
3.71
2
4.94
12
29.7
20
49.4
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Town of Ladysmith
ZONING BYLAW 2014, NO.1860
SCHEDULE B - ZONING BYLAW MAP
Town of Ladysmith
ZONING BYLAW 201
O 1860
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