Zoning Bylaw No. 729, 2023 (Consolidated November 2024)
Nakusp, British Columbia
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Village of Nakusp
Zoning Bylaw No. 729, 2023
Consolidated November 2024
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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CONSOLIDATION TABLE
Amending
Bylaw
Sections Amended
Zoning Bylaw
Amending Bylaw
No. 738, 2024 -
Adopted June 24,
2024.
1) By inserting viii) "Duplexes" to section 6.12.2(a);
2) By inserting iii) "Accessory Dwelling Unit, Attached" to section 6.12.2(b);
3) By inserting iv) "Accessory Dwelling Unit, Detached" to section 3.12.2(b); and,
4) By striking out section 3.12.1(b) and renumbering the section accordingly.
Zoning Bylaw
Amendment
Bylaw No. 744,
2024 - Adopted
November 25,
2024.
1) By striking out ACCESSORY DWELLING, ATTACHED and insert the following:
ACCESSORY DWELLING, ATTACHED means the use of a portion of a principal
building as a dwelling unit, including secondary suites and attached garage suites;
which may be attached to, or enclosed within a SINGLE DETACHED DWELLING or
a building primarily used for commercial purposes.
2) By striking out BUILDING and inserting the following:
BUILDING means any permanent structure with walls and a roof intended for
containing or sheltering a use or occupancy.
3) By striking out FENCE and insert the following:
FENCE means a constructed structure, or contiguous barrier composed of trees, shrubs, or
hedges, used as an enclosure or screening along parcel boundaries, but does not include
retaining walls, stand-alone trees, landscape buffers and screening.
4) By striking out HOME OCCUPATION and insert the following:
HOME OCCUPATION means an occupation, service, or profession carried out in a
dwelling, accessory building, or a home garden, where the occupation or profession is
clearly incidental to the use of a parcel for residential purposes and does not alter the
residential character of the premises.
5) By striking out HOTEL and insert the following:
HOTEL means a building containing six (6) or more dwelling units provided for the travelling
public as temporary accommodation, containing an office for registration, and may include
accessory uses such as eating establishments, pubs, banquet halls, meeting rooms,
personal service establishments, recreational facilities, and a caretaker's unit; a hotel may
also be called an Inn, Motel, or Lodge.
6) By striking out PARCEL LINE, EXTERIOR and insert the following:
PARCEL LINE, EXTERIOR means a Parcel line that is common to the Parcel and a
Highway, but does not include the Front Parcel Line.
7) By striking out PUB and insert the following:
PUB means an establishment where alcoholic beverages are offered for sale to the public
for consumption on the premises may include the sale of food, and may involve the brewing
of craft beers, mead, or distilling of alcohol on site, which may also be sold off-site; a PUB
may also be called a bar.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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8) By striking out SETBACK and inserting the following:
SETBACK means the minimum required distance between a building, structure, or use and
the respective Parcel Line, notwithstanding the values provided in this bylaw a SETBACK
may not be less than the minimum value prescribed by superior legislation.
9) By deleting SLEEPING UNIT.
10) By striking out 3.4.1 and insert the following:
3.4.1 In all zones, no fence, landscaping, retaining wall, or other obstruction shall be erected
or permitted at a height greater than 1.0 metre above the established elevation of the centre
point of intersecting highways within a sight triangle, at or within a distance of 6.0 metres
from the corner of the parcel at the intersection of the highway as illustrated in Image 1.
11) By inserting "Image 1" to form part of subsection 3.4.1.
12) By deleting 3.4.1 (a) from the Bylaw.
13) By striking out 3.8.4 and insert the following:
3.8.4 Except as otherwise provided in this Bylaw, no building or part thereof will be situated
in any Setback, including Front, Rear, or Side.
14) Striking out 3.10.1 (a) through (c) and insert the following:
(a) A projection from a dwelling unit that includes a balcony, open deck, open porch and any
associated steps from the stated projections to grade is exempt from front setbacks values
established in section 5, and may be situated within 1.5m of the Front parcel line, provided it
does not interfere with the regulations established in section 3.4.1 of this Bylaw.
(b) A projection from a building that includes soffits, gutters, cornices, sills, bay windows,
ornamental features, chimneys, heating and ventilating equipment, eaves, or canopies, the
depth or width of the required setback into which such projections extend may be reduced
by not more than 0.6m in any setback except the setback for an Interior Parcel line;
(c) Where such projection is a sign, the location and design thereof is not prohibited under
any other bylaw or regulation of the Village; and
15) By adding 3.10.1(d) as follows:
(d) Where such projections are underground structures, the top surface of such structure
must not extend above the average finished ground elevation.
16) By striking out 3.11.1 (a) and insert the following:
(a) A home occupation shall be carried out entirely within the dwelling unit or permitted
accessory building unless it's for the purpose of growing produce or plants for sale;
17) By deleting 3.11.1 (f) (iii) and renumbering the section accordingly.
18) By adding 3.11.1 (g) as follows:
(g) A person operating a HOME OCCUPATION may place a temporary building or structure
within the front setback of the property indicated on the business license; the building will
have a footprint of not more than 6 m2, and will not encroach into site lines as described in
Section 3.4.1; the kiosk will only be used for the purpose of selling the goods produced by
the HOME OCCUPATION.
19) By striking out 3.13.1 (b) and inserting the following:
(b) A secondary suite shall have a minimum floor area of 33m2.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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20) By deleting 3.16.1 (a) and renumbering the subsection accordingly.
21) By deleting 3.23.2 in its entirety.
22) By striking out 4.2.2 and insert the following:
In all zones:
(a) the owner may apply for a Development Permit to locate up to 50% of the required
parking spaces on an alternate Parcel located within 300m of the principal site, provided
that a covenant in favour of the Village of Nakusp connecting the parking on the alternate
Parcel with the principal site, is registered against the title of the alternate Parcel.
(b) the number of parking spaces provided on the alternate Parcel cannot interfere with the
parking spaces required for the principal use of the alternate site.
23) By striking out subsection 4.3.1 and insert the following:
Any person who applies for a Building Permit to construct or extend a building or structure,
or changes the use of a property in any zone, which requires Off-Street Parking to be
provided, may be permitted to pay the Village the per off-street parking space fee
established in the Fees and Charges Bylaw, in lieu of providing off-street parking pursuant
to the following:
(a) A person applying to the Village to allow for payment in-lieu of parking of up to
50% of the amount of parking spaces required under section 4 of the Zoning
Bylaw, will be subject to the review and subsequent approval of refusal by the
CAO; a person whose application is denied by the CAO may petition Council to
reconsider the CAO's decision by:
i. Submitting a request, in writing, to the Village Office within 14
days of the date indicated on the letter sent by the CAO stating
the application was denied; and,
ii. The person, or their authorized representative, whose
application was denied will be required to appear at the next
available Council meeting to present their argument as to why
the CAO's decision should be reconsidered.;
b. A person applying to the Village to allow for payment in-lieu of parking
of 51% to 100% of the amount of parking spaces required under section
4 of the Zoning Bylaw, will be subject to the review and subsequent
approval of refusal by Council; and,
c. In all cases, any decision rendered by Council in regards to payment in-
lieu of parking shall be final.
24) By deleting 4.3.2 and renumbering the subsection accordingly.
25) By striking out 5.2.1 and insert the following:
The location of each zone is defined in Schedule A, which is attached to, and forms a part of
this Bylaw.
26) By striking out 5.2.2 and insert the following:
Where the boundary does not follow a legally defined parcel boundary, and where the
distances are not specifically indicated, the location of the zoning boundary shall be
determined by the CAO by scaling from the map located in Schedule A of this bylaw.
27) By adding 6.1.5 (b) as follows:
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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(b) Maximum 60% where the use is a Duplex, or a Single Detached Dwelling and one
Detached Dwelling Unit.
28) By striking out 6.1.6 (a) and (b) and insert the following:
(a) Minimum setbacks for a Principal Building are as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.5 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 4.5 m
(b) The minimum setback for Accessory Buildings are as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.0 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 4.5 m
29) By striking out 6.1.8 (b) and insert the following:
(b) A maximum of one (1) short-term rental is permitted to operate on a parcel, and only if
the parcel contains another dwelling unit that is occupied long term.
30) By striking out 6.2.6 (a) and (b) and insert the following:
(a) Minimum setbacks for Principal Buildings are as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.5 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 4.5 m
(b) Minimum setbacks for Accessory buildings are as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.0 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 4.5 m
31) By striking out 6.2.8 (b) and (c) and insert the following:
(b) A maximum of one (1) short-term rental is permitted to operate on a parcel, and only if
the parcel contains another dwelling unit that is occupied long-term.
32) By striking out 6.3.4 (b) iii and iv and insert the following:
iii. One Multiple-Unit Residential development and one Attached Accessory Dwelling per
each Primary Dwelling Unit of a Multiple-Unit Residential development; or,
iv. One Apartment Building development.
33) By striking out 6.3.5 (b) and insert the following:
(b) Maximum 60% where a Duplex, Semi-Detached Dwelling, Multi-Unit Residential,
Townhouse, or Apartment is the principal building.
34) By striking out 6.3.6 (a) through (e) and insert the following:
(a) Minimum setbacks for Single Detached Dwelling and Duplex are as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.5 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 4.5 m
(b) Minimum setbacks for Townhouse, Multi-unit Residential are as follows:
Front Parcel Line 1.5 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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Rear Parcel Line 4.5 m
Interior Parcel Line 3.0 m
Exterior Parcel Line 4.5 m
(c) Minimum setbacks for an Apartment is as follows:
Front Parcel Line 1.5 m
Rear Parcel Line 6.0 m
Interior Parcel Line 3.0
Exterior Parcel Line 4.5 m
(d) Minimum setbacks for Accessory buildings are as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.0 m
Interior Parcel Line 3.0 m
Exterior Parcel Line 4.5 m
35) By striking out 6.3.8 (b) and insert the following:
(b) A parcel containing a Single Detached Dwelling and either an Attached or Detached
Accessory Dwelling Unit may operate one (1) short-term rental, provided one of the Dwelling
Units on the parcel is occupied long-term.
36) By striking out 6.4.4 (a) and insert the following:
(a) A maximum of 30 mobile homes per ha are permitted.
37) By striking out 6.6.8 and insert the following:
(a) A maximum of one (1) short-term rental is permitted to operate on a parcel, and only if
the parcel contains another dwelling unit that is occupied long-term.
38) By adding 6.6.9 as follows:
6.6.9 Site Specific Regulations:
(a) the maximum building height of an Accessory Building be increased to 8.39 m,
to allow for a Detached Accessory Dwelling on top of a garage, only on parcel Lot B,
Plan EPP98304 District Lot 397, Kootenay District, PID 030-971-900 (397 Lot B,
Marshall Road, Nakusp, BC).
39) By striking out 6.7.7 (b) and insert the following:
(b) A Short Term Rental is permitted to operate within an Attached Accessory Dwelling
when the primary use of the parcel is commercial business or is a Single Detached Dwelling
that is occupied long-term.
40) By striking out 6.7.7 (c) and insert the following:
(c) For clarity, only one (1) Short -Term Rental is permitted to operate on any parcel when
allowed under subsection 6.7.7 of this bylaw.
41) By adding 6.8.5 (b) and (c) as follows:
(b) Minimum setback for Single Detached Dwelling is as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.5 m
Interior Parcel Line 3.0 m
Exterior Parcel Line 4.5 m
(c) Minimum setbacks for Accessory Buildings are as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.0 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 4.5 m
42) By striking out 6.8.7 (b) and insert the following:
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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Attached and Detached Accessory Dwellings shall be permitted on any property where the
Principal Use is an Eating Establishment, Medical Clinic, Office, Personal Service
Establishment, Pub, Retail Sales, or a Single Detached Dwelling pursuant to the conditions
listed in subsection (c).
43) By adding 6.8.7 (c) (vi) as follows:
(vi) not be permitted to be combined with a Hotel unless used as Staff Housing or a
Caretaker's Unit.
44) By striking out 6.10.5 (a) and insert the following:
(a) Maximum 60%
45) By adding 6.10.9 as follows:
6.10.9 Site Specific Regulations
(a) Single Detached Dwelling be permitted as a Primary Use on Lot 1, District Lot
398, Kootenay District Plan 8435; PID: 010-917-756 (553 Hwy 6, Nakusp).
46) By striking out 6.11.6 (a) through (f) and insert the following:
(a) Minimum setback for a Single Detached Dwelling is as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.5 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 4.5 m
(b) Minimum setbacks for a Duplex is as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.5 m
Interior Parcel Line 1.5 m
Interior Parcel Line where a common wall of a Duplex is the parcel line 0m
Exterior Parcel Line 4.5 m
(c) Minimum setbacks for Townhouse and Multiple-Unit Residential are as follows:
Front Parcel Line 1.5 m
Rear Parcel Line 4.5 m
Interior Parcel Line 3.0 m
Exterior Parcel Line 4.5 m
(d) Minimum setback for an Apartment is as follows:
Front Parcel Line 1.5 m
Rear Parcel Line 6.0 m
Interior Parcel Line 3.0 m
Exterior Parcel Line 4.5 m
(e) Minimum setbacks for Accessory Buildings are as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.0 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 4.5 m
(f) Minimum setbacks for Commercial Uses are as follows:
Front Parcel Line 7.5 m
Rear Parcel Line 3.0 m
Interior Parcel Line 3.0 m
Exterior Parcel Line 4.5 m
Exterior Parcel Lines Abutting Residential (R) Zones 6.0 m
47) By striking out 6.11.5 (b) iii. and iv. and inserting the following:
iii. One Multiple-Unit Residential development and one Attached Accessory Dwelling per
each Primary Dwelling Unit of a Multiple-Unit Residential development; or
iv. One Apartment Building development.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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48) By striking out 6.11.8 (a) and inserting the following:
(a) For Single Detached Dwellings, maximum 50%;
49) By adding 6.11.8 (b) and (c) as follows:
(b) For Single Detached Dwellings, including a detached Accessory Dwelling, maximum
60%
(c) For all other permitted uses excluding Single Detached Dwelling, maximum 60%.
50) By striking out 6.12.5 (a) v) and insert the following:
v) Apartment
51) By striking out 6.12.5 (a) and insert the following:
(a) Maximum 60% for Multiple-Unit Residential, Hotel, Apartment, and a Single Detached
Dwelling with a Detached Accessory Dwelling.
52) By striking out 6.12.6 and inserting the following:
(a) Minimum setback for a Single Detached Dwelling and Duplex is as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.5 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 4.5 m
(b) Minimum setback for Multiple-Unit Residential, Hotel, or Apartment is as follows:
Front Parcel Line 1.5 m
Rear Parcel Line 3.0 m
Interior Parcel Line 3.0 m
Exterior Parcel Line 4.5 m
(c) Minimum setback for Eating Establishment, Pub, and Retail Sales is as follows:
Front Parcel Line 1.5 m
Rear Parcel Line 4.5 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 1.5 m
53) By adding 6.12.6 (d) as follows:
(d) Minimum setback for any Building other than a Building containing an allowable Primary
Use is as follows:
Front Parcel Line 4.5 m
Rear Parcel Line 1.0 m
Interior Parcel Line 1.5 m
Exterior Parcel Line 1.5 m
54) By adding 6.16.5 (b) as follows:
(b) Minimum setbacks for Assisted Living Residence and Community Care Facilities is as
follows:
Front Parcel Line 1.5 m
Rear Parcel Line 4.5 m
Interior Parcel Line 3.0 m
Exterior Parcel Line 4.5 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................................. 11
1.0
ADMINISTRATION ............................................................................................................................... 12
1.1
Application ......................................................................................................................................... 12
1.2
Compliance ....................................................................................................................................... 12
1.3
Inspection .......................................................................................................................................... 12
1.4
Offence.............................................................................................................................................. 13
1.5
Penalty .............................................................................................................................................. 13
1.6
Severability ........................................................................................................................................ 13
1.7
Metric Units ....................................................................................................................................... 13
1.8
Bylaw Amendments ........................................................................................................................... 13
2.0
DEFINITIONS ....................................................................................................................................... 14
2.1
Definitions ......................................................................................................................................... 14
3.0
GENERAL REGULATIONS .................................................................................................................. 25
3.1
Application ......................................................................................................................................... 25
3.2
Flood Damage Protection ................................................................................................................. 25
3.3
Height of Fences ............................................................................................................................... 26
3.4
Visibility at Intersections .................................................................................................................... 26
3.5
Storage of Vehicles or Equipment ..................................................................................................... 27
3.6
Signage ............................................................................................................................................. 27
3.7
Uses Permitted in All Zones .............................................................................................................. 27
3.8
Use and Siting of Land, Buildings, and Structures ............................................................................. 27
3.9
Non-Conforming Conditions .............................................................................................................. 28
3.10
Setback Exceptions ........................................................................................................................... 28
3.11
Home Occupations ............................................................................................................................ 28
3.12
Accessory Dwelling Units .................................................................................................................. 29
3.13
Secondary Suites .............................................................................................................................. 29
3.14
Garage Suites ................................................................................................................................... 30
3.15
Carriage Homes ................................................................................................................................ 30
3.16
Tiny Homes ....................................................................................................................................... 30
3.17
Container Buildings ........................................................................................................................... 31
3.18
Height Exemptions ............................................................................................................................ 31
3.19
Parcel Coverage Exemptions ............................................................................................................ 32
3.20
Drainage ............................................................................................................................................ 32
3.21
Landscaping ...................................................................................................................................... 32
3.22
Screening and Landscape Buffers ..................................................................................................... 33
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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TABLE 1 - Screening and Landscape Buffer Requirements ........................................................... 33
3.23
Parcel Area Exemptions .................................................................................................................... 34
3.24
Short-Term Rentals ........................................................................................................................... 34
3.25
Cannabis Retail Sales Facility ........................................................................................................... 34
3.26
Cannabis Cultivation and Processing Facilities .................................................................................. 35
3.27
Undersized Parcels ........................................................................................................................... 35
3.28
Construction of Garage Prior to Principal Residence ......................................................................... 35
3.29
Recreational Vehicles as a Residence .............................................................................................. 35
3.30
Swimming Pools ................................................................................................................................ 36
3.31
Drive Through Restaurants ................................................................................................................ 36
3.33
Temporary Use Permits ..................................................................................................................... 36
4.0
OFF-STREET PARKING AND LOADING ............................................................................................. 36
4.1
Application ........................................................................................................................................ 36
4.2
General ............................................................................................................................................. 36
4.3
Cash-In-Lieu of Parking ..................................................................................................................... 37
4.4
Off-Street Parking Requirements ....................................................................................................... 38
TABLE 2 - Required Off-Street Parking Spaces ............................................................................. 38
4.5
Off-Street Loading Area .................................................................................................................... 40
TABLE 3 - Required Off-Street Loading Spaces ............................................................................ 41
4.6
Dimensions of Parking Spaces .......................................................................................................... 41
4.7
Accessible Parking ............................................................................................................................ 41
4.8
Access to Parking Spaces ................................................................................................................. 41
TABLE 4 - Manoeuvring Aisle Requirements ................................................................................. 42
4.9
Surfacing of Off-Street Parking and Loading Spaces ......................................................................... 42
5.0
ESTABLISHMENT OF ZONES ............................................................................................................. 43
5.1
Establishment of Zones .................................................................................................................... 43
TABLE 5 - Zones........................................................................................................................... 43
5.2
Location of Zones ............................................................................................................................. 44
5.3
Delineation of Zones.......................................................................................................................... 44
6.0
ZONES ................................................................................................................................................. 45
6.1
R-1 SMALL PARCEL RESIDENTIAL ............................................................................................... 45
6.2
R-2 LOW-DENSITY RESIDENTIAL ................................................................................................. 48
6.2
R-3 MULTIPLE UNIT RESIDENTIAL ................................................................................................. 52
6.4
RM-1 MOBILE HOME PARK ............................................................................................................. 55
6.5
A-1 AGRICULTURAL ........................................................................................................................ 57
6.6
RU-1 RURAL RESIDENTIAL ............................................................................................................. 59
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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6.7
C-1 CORE COMMERCIAL ................................................................................................................ 62
6.8
C-2 SERVICE COMMERCIAL ........................................................................................................... 66
6.9
C-3 TOURIST COMMERCIAL (NAKUSP HOT SPRINGS) ................................................................ 69
6.10
C-4 HIGHWAY COMMERCIAL ......................................................................................................... 71
6.11
C-5 NEIGHBOURHOOD MIXED USE ............................................................................................... 74
6.12
LD-1 LAKESHORE DEVELOPMENT ................................................................................................ 79
6.13
M-1 LIGHT INDUSTRIAL .................................................................................................................. 82
6.14
M-2 HEAVY INDUSTRIAL ................................................................................................................. 84
6.15
P PARK ....................................................................................................................................... 86
6.16
I INSTITUTIONAL ....................................................................................................................... 88
7.0
ADOPTION ........................................................................................................................................... 90
SCHEDULES .................................................................................................................................................. 91
SCHEDULE A - Zoning Map ........................................................................................................................... 91
INTRODUCTION
Introduction - Village of Nakusp Zoning Bylaw No. 729, 2023
A Bylaw to regulate the development and re-development of lands within the Village of Nakusp.
WHEREAS the Village of Nakusp has prepared an Official Community Plan pursuant to Section
472 of the Local Government Act;
AND WHEREAS the Village of Nakusp wishes to give effect to the Official Community Plan and
otherwise implement development regulations and requirements, including through the adoption
of Land Use regulations;
AND WHEREAS the Village of Nakusp has held a public hearing pursuant to Section 464 of the
Local Government Act on the portions of this Bylaw to be enacted that require a public hearing,
including pursuant to Part 14 of the Local Government Act and the Community Charter;
NOW THEREFORE the Council of the Village of Nakusp, in open meeting duly assembled,
enacts as follows:
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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1.0
ADMINISTRATION
1.1
Application
1.1.1
This Bylaw may be cited as "Zoning Bylaw No. 729, 2023.
1.1.2 Bylaw No. 614, 2008, being cited as "Village of Nakusp Zoning Bylaw No. 614,
2008" and all its amendments are repealed.
1.1.3 This Bylaw shall apply to all land including the surface of water, buildings, and
structures within the boundaries of the Village of Nakusp.
1.1.4 The principal purpose of this Bylaw is to regulate development in the Village of
Nakusp for the benefit of the community as a whole and to reflect the community's
vision and goals as outlined in the Official Community Plan.
1.1.5 Any reference in this bylaw to an appendix, schedule, statute, regulation, bylaw or
other legislative instrument shall be deemed to mean a reference to that appendix,
schedule, statue, regulation, bylaw or legislative instrument in force at the effective
date of this bylaw, and as amended, superseded or replaced from time to time
thereafter.
1.2
Compliance
1.2.1 No land including the surface of water, buildings, or structures shall be used or
occupied, and no building or structure or part thereof shall be erected, constructed,
reconstructed, moved, or structurally altered except in conformity with this Bylaw.
1.2.2 No land shall be subdivided except in conformity with this Bylaw.
1.3
Inspection
1.3.1 The Chief Administrative Officer or their designate is authorized to enter at all
reasonable times, on any property that is subject to regulations under this Bylaw
to ascertain if the provisions of this Bylaw are being met, or the regulations are
being observed.
1.3.2 No person shall interfere with or obstruct the entry of the appointed official or any
authorized Village representative onto any land or into any building to which entry
is made or attempted pursuant to the provisions of this Bylaw.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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1.4
Offence
1.4.1 A person who violates any provision of this Bylaw, permits any act or thing to be
done in contravention of this Bylaw, or neglects to do or refrains from doing
anything required to be done by any provision of this Bylaw, commits an offence
against this Bylaw.
1.5
Penalty
1.5.1 Each day that a violation continues to occur may be deemed to be a separate
offence against this Bylaw.
1.5.2 Every person who commits an offence under this Bylaw is liable to a fine as set
in the Village of Nakusp Bylaw Notice Enforcement Bylaw No. 694, 2020, as
amended; or, liable to a fine up to $50,000 and/or 6 months imprisonment, plus
any legal costs, under the Offence Act.
1.6
Severability
1.6.1 If any section, subsection, sentence, clause or phrase of this Bylaw is for any
reason held to be invalid by the decision of any court of competent jurisdiction, the
invalid portion shall be severed from the Bylaw without affecting the validity of this
Bylaw or any remaining portions of this Bylaw.
1.7
Metric Units
1.7.1 Metric Units are used for all measurements in this Bylaw. The approximate
imperial equivalent of those units, if shown, are for convenience only and do not
form part of this Bylaw.
1.8
Bylaw Amendments
1.8.1 The Zoning Bylaw may be amended by the Village of Nakusp on its own initiative
or in response to an application for amendment.
1.8.2 Amendments to this bylaw may be made pursuant to all applicable requirements
of the Local Government Act and the Village of Nakusp Development Application
Procedures Bylaw No. 714, 2022 and as amended.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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2.0
DEFINITIONS
2.1
Definitions
In this bylaw all words or phrases have their normal or common meaning except where
this is changed, modified, restricted, or expanded by the definitions set forth in this section:
ACCESSORY BUILDING means a building or structure which is incidental to a principal
building or structure on the same parcel.
ACCESSORY DWELLING, ATTACHED means the use of a portion of a principal building
as a dwelling unit, including secondary suites and attached garage suites; which may be
attached to, or enclosed within a SINGLE DETACHED DWELLING or a building primarily
used for commercial purposes.
ACCESSORY DWELLING, DETACHED means the use of an accessory building, or part
thereof, for a dwelling unit, including carriage home, tiny home and detached garage suite.
ACCESSORY USE means a use which is subordinate or incidental to a principal use of
the parcel.
AGGREGATE EXTRACTION means the quarrying, sorting, screening, removal and
offsite sale of sand, gravel, earth or mineralized rock found on or under a site and includes
quarries, gravel pits, gravel processing and stripping of topsoil.
ASSISTED LIVING RESIDENCE means housing licensed under the Community Care and
Assisted Living Act, and as amended, where residents are provided with private living
quarters, common living facilities, and access to recreational, hospitality, and emergency
response services. Residents do not require 24-hour care and supervision.
AGRICULTURE means the use of land, buildings and structures for any of the following:
(a)
growing, producing, raising or keeping animals and plants, including
agriculture, poultry and the growing of mushrooms and the primary products
of those plants or animals, but does not include the breeding of pets or
operating a kennel;
(b)
cultivation in plantations of any specialty wood crops or specialty fibre crops
prescribed by the Minister of Agriculture;
(c)
turf production with approval under the ALCA, if required;
(d)
raising or keeping of farmed game by a person licensed to do so under the
Game Farm Act;
(e)
raising or keeping of furbearing animals by a person licensed to do so under
the Fur Farm Act;
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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(f)
raising or keeping of exotic animals prescribed by the Minister responsible
for Agriculture;
(g)
British Columbia licensed brewery, cidery, distillery, meadery, winery
provided that the use is in accordance with all conditions in the Agricultural
Land Commission Act and regulations or orders pursuant thereto; and
(h)
the following farm activities to enable uses in paragraphs (a) to (g) of the farm
on that parcel:
(i) clearing, draining, irrigating, or cultivating land;
(ii) using farm machinery, equipment, devices, materials, and structures;
(iii) applying fertilizers, manure, pesticides, biological control agents,
including ground and aerial spraying; and
(iv) storage of agricultural products and the products of on-farm processing
and on-farm product preparation.
AGRICULTURAL LAND RESERVE USE REGULATION means the Agricultural Land
Reserve Use Regulation of the Agricultural Land Commission Act [SBC 2002] Chapter
36 and as amended.
AIRPORT means any area designed, prepared, equipped or set aside for the arrival,
departure, movement or servicing of aircraft, including helicopters; and includes any
associated buildings, installations, open space, and equipment in connection therewith.
This also includes aircraft and airport related manufacturing and services.
APARTMENT means a residential development comprising of a minimum of six (6) but
not more than sixty (60) attached dwelling units sharing common amenities and
entryways.
AUTOMOTIVE SERVICE AND EQUIPMENT SHOP means the servicing and repair of
motor vehicles and the sale, installation, or servicing of related accessories and parts. This
does not include gasoline service stations or wrecking yards but may include autobody
repair and paint shops, transmission repair shops, muffler shops, automotive glass shops,
indoor automotive storage bays, and upholstery shops.
BASEMENT means a storey or storeys of a building located below the first storey.
BED AND BREAKFAST means a home occupation carried on in a single detached
dwelling owned and occupied by the operator which provides not more than 3 rooms
accommodating up to 6 transient paying guests for sleeping purposes only where the room
rate includes breakfast, which is served on the premises, but does not include Short-Term
Rentals.
BOAT LAUNCH means a ramp that extends from an upland property or right-of-way
across the foreshore and into the lake, the purpose of which is to facilitate placement and
removal of boats and other water vessels.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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BUILDING means any permanent structure with walls and a roof intended for containing or
sheltering a use or occupancy.
BUILDING PERMIT means a permit issued in accordance with the Regional District of
Central Kootenay Building Bylaw No. 2200, and as amended.
CABIN means one self-contained or non-self-contained structure no larger than 100 m2
intended for the purposes of temporary residential uses or temporary lodging for tourists
and visitors.
CAMPGROUND means designated sites for the accommodation of the travelling public
in tents, trailers, recreational vehicles and may include accessory personal service
facilities to accommodate the needs of the campers and caretaker dwellings, but
excludes the retail sale of recreational vehicles, tents and trailers.
CANNABIS has the same meaning as in the Cannabis Act (Canada), as amended or
replaced from time to time.
CANNABIS CULTIVATION FACILITY means a facility licensed by Health Canada for the
indoor and/or outdoor cultivation of cannabis. These facilities may include, but shall not
be limited to, cultivation, micro cultivation, hemp, and nurseries.
CANNABIS PROCESSING FACILITY means the processing, micro processing,
analytical testing and research of cannabis and cannabis products.
CANNABIS RETAIL SALES FACILITY means a facility licensed to sell non-medical
cannabis that complies with Health Canada regulations
CARRIAGE HOME means a dwelling unit located within a building that is accessory to
the principal dwelling unit on the parcel, including but not limited to laneway homes and
garden suites.
CEMETERY means land, buildings and/or structures used as a place for interment for
human remains or to memorialize the deceased.
CHIEF ADMINISTRATIVE OFFICER means the person appointed as such by the
Municipal Council of the Village of Nakusp, or their designate.
CHILD CARE FACILITY means an establishment licensed as required under the
Community Care and Assisted Living Act intended to provide care, educational services
and supervision of children.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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COMMUNITY CARE AND ASSISTED LIVING ACT means the Community Care and
Assisted Living Act [SBC 2002] Chapter 75, and as amended.
CIVIC USE means the non-commercial use of land, buildings, or structures for art or
cultural exhibits, ambulance stations, courts of law, fire halls, hospitals, provincial and
federal government offices, legislative chambers, libraries, municipal purposes, and police
stations.
CLUBS or LODGE means a building or establishment used by an association or
organisation for fraternal, social or recreational purposes which may include private
sleeping unit accommodation with cooking facilities.
COMMERCIAL STORAGE means a self-contained building or group of buildings
containing lockers available for rent for the storage of personal goods; or a facility used
exclusively to store bulk goods of a non-hazardous nature.
COMMUNITY CARE FACILITY means housing licensed under the Community Care and
Assisted Living Act, where 24-hour care and supervision is provided to residents.
COMMUNITY GARDEN means a publicly or privately owned parcel that is gardened
collectively and used by members of the public for growing plants for personal
consumption and instructional programming. This does not include the sale of produce for
commercial purposes.
COMMUNITY RECREATION FACILITY means a recreation, social or multi-purpose use
primarily intended for community purposes. Uses include but are not limited to community
halls, non-profit social clubs, and community centres.
COMMUNITY SEWER SYSTEM means a system of sewage disposal which serves two
or more parcels and is owned, operated, and maintained by the Village.
COMMUNITY WATER SYSTEM means a system of waterworks which serves five or
more parcels, and which is owned, operated, and maintained by the Village.
CONSTRUCTED WATER FEATURES means manufactured landscaping elements
greater than 1 m in depth for the decorative purpose of highlighting water, such as
ornamental ponds, water fountains, and other manufactured water landscaping features
intended for decoration and does not include a swimming pool.
CONTAINER BUILDING means a closed, prefabricated metal container, commonly
referred to as Intermodal Shipping Containers (ISP), or box specifically constructed for the
transportation of goods by rail, ship, or truck.
COUNCIL means the Municipal Council of the Corporation of the Village of Nakusp.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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DOCK means a structure that extends from the shore into the water that is permanently
affixed to aquatic land. Docks do not include private moorage facilities that are withdrawn
from the water during the winter season.
DUPLEX means a detached building designed to accommodate two separate dwelling
units above and below, or side by side each other with a common wall, but does not
include a primary dwelling unit with a secondary suite.
DRIVEWAY means the primary access route from a Highway (road) to a Parcel or
Building.
DRIVE THROUGH RESTAURANT means a building offering the sale of food or
beverages where transactions are made from a vehicle through a takeout window.
DWELLING UNIT means a suite operated as a housekeeping unit, used or intended to
be used as a domicile by one or more persons and usually containing cooking, eating,
living, sleeping and sanitary facilities.
DWELLING, CARETAKER means a dwelling unit that is used as a permanent residence
by an employee of a commercial or industrial operation which is associated with and on
the same parcel as the dwelling, and that does not contain an accessory dwelling unit or
a boarding or lodging use.
DWELLING, SINGLE DETACHED means a detached building containing one dwelling
unit occupied or intended for use as a permanent residence of one household, or where
permitted by this Bylaw, one dwelling unit and a secondary suite, and may include an
attached garage; and includes a manufactured home.
EATING ESTABLISHMENT means a commercial establishment which offers prepared
food or beverages for sale to the public including restaurants, banquet halls, coffee shops,
cafes, take-out restaurants, and catering establishments.
EDUCATION FACILITY means premises used for education or training purposes and
may include administration offices and dormitories to house students, including
elementary and secondary schools, colleges, universities, and business and trade
schools.
ENTERTAINMENT FACILITY means a facility that provides for the commercial enjoyment
of patrons and includes but is not limited to arcades, billiard halls, bowling alleys, night
clubs, social clubs, sports clubs, sports facilities, and theatres but excludes Community
Recreation Facility
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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FEES AND CHARGES BYLAW mans the Village of Nakusp Fees and Charges Bylaw
No. 693 and as amended or replaced from time to time.
FENCE means a constructed structure, or contiguous barrier composed of trees, shrubs,
or hedges, used as an enclosure or screening along parcel boundaries, but does not
include retaining walls, stand-alone trees, landscape buffers and screening.
FINANCIAL INSTITUTION means the provision of financial and investment services by a
bank, trust company, investment dealer, credit union, mortgage broker, or similar
business.
FLOOR AREA means the finished or liveable space on any storey of a building between
exterior walls and required firewalls, including a basement and the space occupied by
interior walls and partitions, but not including exits, vertical service spaces, and their
enclosing assemblies.
FORESHORE means the land area between the high and low water levels of a lake.
FRONTAGE means the width of a parcel measured along a line 6 m back from the front
parcel line and parallel thereto. In the case of a parcel fronting on more than one highway,
the shortest parcel boundary contiguous to a highway other than a lane shall be its
frontage.
FUNERAL HOME means a building designed for the purposes of furnishing funeral
supplies and services to the public and includes facilities intended for the preparation of
the deceased for burial or cremation but does not include a crematorium.
GARAGE SUITE, ATTACHED means a dwelling unit located within, or on top of a space
designed and used for the storage of motor vehicles that is attached to the principal
dwelling unit on the parcel by means of a foundation or party wall.
GARAGE SUITE, DETACHED means a dwelling unit located within, or on top of a
standalone accessory building designed and used for the storage of motor vehicles.
GOLF COURSE means a facility used for participation in the sport of golf, including but
not limited to club houses, course greens, and driving ranges.
GRADE, FINISHED means the average level of the finished surface of the ground
adjoining a building at its exterior walls or the average level of the finished surface of the
ground adjoining a structure at its support.
HEALTH SPA FACILITY means an indoor facility providing amenities and services
including, but not limited to, massage, sauna, steam baths and hot spring baths.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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HEIGHT means the vertical distance measured from the finished grade to the peak of
roof of a building or structure, but does not include roof top building appurtenances that
are less than 10% of the floor area of the building.
HIGHWAY includes a public street, path, walkway, trail, lane, bridge, road, thoroughfare,
and any other way open to public use, but does not include a private right-of-way on private
property.
HOME OCCUPATION means an occupation, service, or profession carried out in a
dwelling or accessory building, or a home garden, where the occupation or profession is
clearly incidental to the use of a parcel for residential purposes and does not alter the
residential character of the premises.
HOTEL means a building containing six (6) or more dwelling units provided for the
travelling public as temporary accommodation, containing an office for registration, and
may include accessory uses such as eating establishments, pubs, banquet halls, meeting
rooms, personal service establishments, recreational facilities, and a caretaker's unit; a
hotel may also be called an Inn, Motel, or Lodge.
KENNEL means premises used for the breeding, buying, selling or overnight boarding of
domesticated animals, excluding livestock.
LANE means a highway more than 3 m but not greater than 8 m in width, intended to
provide secondary access to parcels of land.
LANDSCAPE BUFFER means a continuous landscaped or natural area that may
comprise any combination of shrubs, trees, fences, or walkways as a means of improving
land use compatibility and environmental quality.
LOADING SPACE means an area of a parcel reserved for temporary parking for the
purpose of loading or unloading passengers, goods, or materials.
LONG-TERM means a period of time that is a continuation of 31 days or longer.
LOCAL GOVERNMENT ACT means Local Government Act [RSBC 2015] Chapter 1 as
amended.
MANUFACTURED HOME means any structure, that is designed, constructed, or
manufactured at a construction facility and transported from the construction facility to a
parcel where it is placed on a permanent foundation or cribbing to provide a dwelling or
premises, and which conforms to the requirements of the British Columbia Building Code
and manufactured to and compliant with the Canadian Standards Association (CSA) Z-
240 MH and CSA A277 MH series of standards.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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MANUFACTURING means the making of goods or wares by manual labour or by
machinery, on a large scale.
MARINA means a facility containing docking or moorage facilities where boats and other
water vessels and their accessories are berthed, stored, serviced, repaired, constructed,
or kept for sale or for rent, including but not limited to wharves.
MEDICAL CLINIC means a public or private clinic offering health care services by
qualified medical professionals, including holistic medicine practitioners.
MOBILE HOME means a single or multiple section single detached dwelling unit
(CAN/CSA Z240 certified standards or BC Building Code standards) for residential
occupancy designed to be transportable on wheels, but does not include travel trailers,
campers, or other vehicles which are exempt from the provisions of the Manufactured
Home Act [SBC 2003] Chapter 75, and as amended.
MOBILE HOME PARK means a parcel of land for the placement of two or more mobile
homes.
MOTORIZED VEHICLE SALES means the retail sale or rental of new or used
automobiles, motorcycles, snowmobiles, boats, tent trailers, travel trailers, recreational
vehicles, or similar, together with incidental insurance services, maintenance services,
and sale of parts. It includes automobile dealerships but does not include the sale of
automobiles with a gross vehicle weight rating of greater than 5,500 kg.
MULTIPLE-UNIT RESIDENTIAL means any building consisting of three, up to six
dwelling units and includes Townhouses.
OCP means the Village of Nakusp Official Community Plan, Bylaw No. 697, and as
amended.
OFFENCE ACT means Offence Act [RSBC 1996] Chapter 338 and as amended.
OFFICE means the provision of professional, management, administrative, or consulting
services in a building, including but not limited to offices for lawyers, accountants, real
estate agencies, and engineers. This includes offices for the construction and trades
industry but excludes the servicing and repair of goods, the sale of goods to the customer
on the site, and the manufacture or handling of a product.
OFF-STREET PARKING means a use providing parking spaces for the temporary storage
of vehicles, excluding traffic aisles, work areas and Highways.
OUTDOOR STORAGE means an area outside of an enclosed building where materials,
goods, products, vehicles, equipment or machinery are displayed, stored, baled, piled,
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handled, sold, or distributed, but explicitly excludes an automobile wrecking yard or a junk
yard.
PARCEL means any lot, block or other area in which land is held or into which it is
subdivided, but does not include a Highway.
PARCEL COVERAGE means the ratio of the combined floor area of principal and
accessory buildings measured at their base compared to the Parcel area and expressed
as a percentage.
PARCEL LINE, EXTERIOR means a Parcel line that is common to the Parcel and a
Highway, but does not include the Front Parcel Line.
PARCEL LINE, FRONT means a Parcel Line common to the Parcel and an abutting
Highway other than a lane, walkway, or path, or in the case of a corner Parcel, the shortest
Parcel Line or lines common to the Parcel and the abutting highway. Where the abutting
Parcel Lines are equal in length, then the front Parcel Line is the Parcel Line towards
which the majority of the buildings on adjacent Parcels are faced.
PARCEL LINE, INTERIOR means a Parcel Line common to more than one Parcel or lane
separating two Parcels.
PARCEL LINE, REAR means the Parcel Line opposite to, and most distant from the
front Parcel Line, or, where the rear portion of the Parcel is bounded by intersecting side
Parcel Lines the rear Parcel Line shall be deemed to be the point of such intersection.
PARCEL LINE, SIDE means any parcel line which is not a front or rear parcel Line.
PERSONAL SERVICE ESTABLISHMENT means a business providing personal services
to an individual related to the care and appearance of the body or the cleaning and repair
of personal effects. Uses include but are not limited to tailors, dry cleaners, dressmakers,
laundromat, shoe repair, photographers, travel agencies, barbershops, and beauty
salons.
PETROLEUM DISTRIBUTION INSTALLATION means any building or land used or
intended to be used for the wholesale of petroleum fuel or lubricants to commercial
vehicles and industrial equipment, which may include keylock methods of distribution, and
excludes bulk storage facilities.
PRINCIPAL BUILDING means the building which contains the principal use of the Parcel
and shall include attached garages or carports, but does not include accessory buildings.
PUB means an establishment where alcoholic beverages are offered for sale to the public
for consumption on the premises may include the sale of food, and may involve the
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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brewing of craft beers, mead, or distilling of alcohol on site, which may also be sold off-
site; a PUB may also be called a bar.
PUBLIC UTILITY USE means land, buildings, structures, or facilities provided by a
governmental body, crown corporation, improvement district, or by a company operating
under the Water Utilities Act, including but not limited to electrical transformer stations,
telecommunications infrastructure, sewage collection systems and treatment plants, water
pumping stations, and reservoirs.
RECREATIONAL VEHICLE means a vehicle, either designed to be towed behind a motor
vehicle or self-propelled, and includes such vehicles commonly known as travel trailers,
fifth wheels, campers, motor homes, or other similar vehicles designed to provide
temporary accommodation for recreational, camping, or travel use. A Tiny Home on
wheels is classified as a recreational vehicle.
RECYCLING DEPOT means a facility in which recyclable resources originating in
households, including but not limited to newspapers, cardboard, bottles, and metal cans
are collected, stored, flattened, crushed, or bundled to be taken to another site for
processing.
RELIGIOUS ASSEMBLY means a building wherein people regularly assemble for
religious worship and related religious, philanthropic, or social activities which is
maintained and controlled for public worship. Uses include but are not limited to accessory
manses, churches, chapels, mosques, temples, synagogues, convents, rectories, and
monasteries.
RETAIL SALES means the business of selling or renting goods, merchandise, parts, and
accessories to the consumer, excluding the sale or distribution of cannabis.
RETAINING WALL means a structure or portions thereof of any kind supported by or sunk
into land to hold back soil or rock from a building, structure, or area.
ROOFTOP DECK means an outdoor space constructed on the roof of a dwelling unit.
SECONDARY SUITE means a self-contained dwelling unit located within and is
subordinate to the principal residential use on a Parcel, not including other forms of
multiple-unit residential dwellings.
SETBACK means the minimum required distance between a building, structure, or use
and the respective Parcel line, notwithstanding the values provided in this bylaw a
SETBACK may not be less than the minimum value prescribed by superior legislation.
SERVICE STATION means any building or land, the use of which shall be the retail
sale of motor fuels, lubricant and related vehicle operating components and may
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include automobile diagnostic centres, the servicing and minor repairing of motor
vehicles, car wash facilities, and the sale of automotive accessories.
SCREENING means a fence, wall, hedge, berm or combination thereof used to visually
separate areas or uses on a Parcel.
SHORT-TERM RENTAL means the rental of a Dwelling Unit to paying guests for
periods not exceeding thirty (30) days but does not include a Hotel, Bed and Breakfast,
or Tourist Accommodation as defined in this bylaw;
SIGN means any device visible from a public place that communicates information about
a product, service, place, activity, person, institution, business, or solicitation.
STAFF HOUSING means dwelling units used exclusively by an employer to provide living
accommodations primarily to staff. It is intended to be rental housing for staff who may
have difficulty finding market-supplied housing because their income is below the median
household income or due to the lack of available rental housing. The dwelling units include
common areas such as a lobby, kitchen, separate living areas and does not include short-
term rental or rental of rooms for any other purpose.
STOREY means that portion of a building that 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.
STRUCTURE means a construction or portion thereof of any kind, whether fixed to,
supported by or sunk into land, but specifically excludes landscaping, fences, paving and
retaining structures less than 1.5 m in height.
SWIMMING POOL means a constructed or prefabricated pool, existing or prospective,
situated wholly or in part above or below the adjacent ground level, used primarily for
swimming, bathing or wading, having a surface water area greater than 15 m2 or a depth
of 600 mm and does not include a constructed water feature.
TINY HOME means a detached dwelling unit no greater than 37.2 m2 in size on a
permanent or temporary foundation that may be a principal or accessory residential use
on a Parcel. Tiny homes on wheels are classified as a recreational vehicle unless the
wheels are removed and replaced by a temporary or permanent foundation. Tiny homes
may also be referred to as carriage homes when permitted as an accessory dwelling.
TOURIST ACCOMODATION means commercial facilities providing temporary
accommodation for the travelling public, which may be in the form of cabins,
campgrounds, cottages, resorts, or yurts.
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TOWNHOUSE means a building divided into three or more dwelling units with separate
private entrance to each unit and with each unit sharing at least one wall with another unit,
including row housing and stacked row housing.
TRANSPORTATION DEPOT means a use providing for the shipping and receiving of
goods and people including the operation of truck terminals, freight handling, passenger
and transit depots, and taxi dispatch offices.
VETERINARY CLINIC means a facility for the prevention, cure and alleviation of disease
and injury to animals and includes provisions for their overnight care but does not include
a kennel.
VILLAGE means the Village of Nakusp in the Province of British Columbia;
WRECKING YARD means any land or building used for the collection, demolition,
dismantlement, storage, salvage, recycling or sale of waste materials including scrap
metal, vehicles, machinery, and other discarded materials.
YARD means an area between the principal building and relevant Parcel Line.
YARD, FRONT means the area between side Parcel Lines extending from the front Parcel
Line to the nearest wall or supporting member of a building or structure.
YARD, REAR means the area between side Parcel Lines extending from the rear Parcel
line to the nearest wall or supporting member of a building or structure.
YARD, SIDE means the portion of a Parcel extending from the front yard to the rear yard
between the side Parcel Line and the nearest wall or supporting member of a building or
structure.
3.0 GENERAL REGULATIONS
3.1
Application
3.1.1 Except as otherwise specified in this Bylaw, Sections 3.1 to 3.33 inclusive apply to
all zones established under this Bylaw.
3.2
Flood Damage Protection
3.2.1 Notwithstanding any other regulations of this Bylaw, the Village of Nakusp will use
the floodplain regulations set out in the Regional District of Central Kootenay
Floodplain Management Bylaw No 2080, 2009 as amended or replaced from time
to time.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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3.3
Height of Fences
3.3.1 No fence shall exceed 2.13 m (7 ft) in height in an interior side yard, exterior side
yard, front yard, and back yard. Fences on corner Parcels within a sight triangle as
described in Section 3.4.1 of this Bylaw shall not exceed 1m in height.
3.4
Visibility at Intersections
3.4.1 In all zones, no fence, landscaping, retaining wall, or other obstruction shall be
erected or permitted at a height greater than 1.0 metre above the established
elevation of the centre point of intersection highways within a sight triangle, at
or within a distance of 6.0 metres from the corner of the parcel at the intersection
of the highway as illustrated in Image 1.
Image 1
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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3.5
Storage of Vehicles or Equipment
3.5.1 Except as otherwise provided in this Bylaw, no Parcel shall be used for:
(a)
the wrecking or storage of vehicles, equipment or materials in disrepair or
derelict condition;
(b)
the storage of any unlicensed vehicle that is not contained within a carport
or accessory building.
3.6
Signage
3.6.1 All signage posted in the Village of Nakusp shall be in accordance with the
regulations of the Village of Nakusp bylaw or Signage Guidelines that governs
the display of signs, as adopted by the Village and as amended from time to
time.
3.7
Uses Permitted in All Zones
3.7.1 Subject to Section 6.0, the following uses are permitted in all zones established in
this Bylaw, except parcels designated Agricultural Land Reserve (ALR). For ALR
parcels, refer to Agricultural Land Reserve Use Regulation
(a)
Public Parks, playgrounds
(b)
Civic Use;
(c)
Public Utility Use
(d)
Child Care Facilities; and
(e)
Community Gardens
3.8
Use and Siting of Land, Buildings, and Structures
3.8.1 Except as otherwise provided in this Bylaw, not more than one principal building
shall be permitted per Parcel.
3.8.2 The use of land, including the surface of water, of buildings, and of structures must
be in accordance with the permitted uses specified in this Bylaw. All other uses,
by exclusion, are explicitly prohibited.
3.8.3 The construction, reconstruction, alteration, moving, or extension of buildings and
structures within any zone must be in conformity with the regulations for the siting,
size, and dimensions of buildings and structures specified in this Bylaw.
3.8.4 Except as otherwise provided in this Bylaw, no building or part thereof will be
situated in any Setback, including Front, Rear, or Side.
3.8.5 Constructed water features must not be constructed within 3 m of any property
line.
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3.8.4 Swimming pools must not be constructed within any front yard or within 3 m to any
property line.
3.9
Non-Conforming Conditions
3.9.1 Where the use of land, buildings or structures or portions thereof does not conform
with this Bylaw and was lawfully used prior to the enactment of this Bylaw, the use
of the land, building or structure or portion thereof may be continued as a non-
conforming use subject to the provisions within Part 14, Division 14 of the Local
Government Act.
3.9.2 Any Parcel which is shown on a plan duly filed in the Land Title Office, which has
less than the minimum Parcel area or frontage required, may be developed for any
of the uses permitted in the zone, provided that all other requirements applicable
within the zone can be met.
3.10 Setback Exceptions
3.10.1 Where under the provisions of this Bylaw, the minimum setback of a Parcel, for a
part of a building or structure, may be reduced provided that:
(a)
A projection from a dwelling unit that includes a balcony, open deck, open
porch and any associated steps from the stated projections to grade is
exempt from front setbacks values established in section 5, and may be
situated within 1.5 m of the Front parcel line, provided it does not interfere
with the regulations established in section 3.4.1 of this Bylaw;
(b)
A projection from a building that includes soffits, gutters, cornices, sills, bay
windows, ornamental features, chimneys, heating and ventilating equipment,
eaves, or canopies, the depth of width of the required setback into which
such projections extend may be reduced by not more than 0.6 m in any
setback except the setback for an Interior Parcel line;
(c)
Where such projection is a sign, the location and design thereof is not
prohibited under any other bylaw or regulation of the Village; and,
(d)
Where such projections are underground structures, the top surface of such
structure must not extend above the average finished ground elevation.
3.11 Home Occupations
3.11.1 Home occupations shall comply with all of the following regulations:
(a)
a home occupation shall be carried out entirely within the dwelling unit or
permitted accessory building unless it's for the purpose of growing produce
or plants for sale;
(b)
no signs or displays, other than one non illuminated name sign not exceeding
0.75 m2 attached flat against the dwelling unit or accessory building, shall be
permitted;
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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(c)
outdoor storage of materials and equipment shall not be permitted, however
for certainty, items may be placed outside for display purposes during the
hours the home business is open to the public;
(d)
only 1 person shall be employed in a home occupation who is not a resident
of the dwelling unit in which the home occupation is taking place;
(e)
no retail sales other than the sale of goods produced on the premises is
permitted;
in the RU-1 zone, the floor area for a home occupation within a dwelling unit
shall be limited to 100 m2; home occupations that are accommodated within
accessory buildings are limited to 100 m2 for this area;
(f)
the following uses are not permitted as a home occupation:
(i) stable, kennel, veterinary clinic l, animal breeding operation, restaurant;
(ii) the salvage, repair, maintenance of motor vehicles, vehicle engines,
heavy equipment or parts;
(iii) uses that produce noise, vibration, smoke, dust, odour, litter, heat, fire
hazard, electrical interference, or traffic congestion other than normally
associated with a dwelling unit.
(g)
a person operating a home occupation may place a temporary building or
structure within the front setback of the property indicated on the business
license; the building will have a footprint of not more than 6 m2, and will not
encroach into site lines as described in Section 3.4.1; the kiosk will only be
used for the purpose of selling the goods produced by the HOME
OCCUPATION.
3.12 Accessory Dwelling Units
3.12.1 The following pertains to secondary suites, carriage homes, garage suites, and
tiny homes:
(a)
Parking must be provided in accordance with Section 4 - Off Street Parking
and Loading of this Bylaw.
(b)
Accessory Dwelling Units may not be subdivided by any means.
(c)
Accessory Dwelling Units constructed on Parcels with on-site septic disposal
must provide written confirmation from a Registered Onsite Wastewater
Practitioner that the existing sewage system has capacity in accordance with
the Sewerage System Regulation requirements for both the accessory and
principal dwelling units.
(d)
Accessory Dwelling Units are not permitted on Parcels that contain a
caretaker dwelling.
3.13 Secondary Suites
3.13.1 The following shall apply in zones where a secondary suite is a permitted use:
(a)
A secondary suite shall be entirely contained within a principal dwelling.
(b) A secondary suite shall have a minimum floor area of 33 m2.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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3.14 Garage Suites
3.14.1 The following shall apply in zones where attached or detached garage suites are
a permitted use:
(a)
An attached or detached garage suite shall be entirely contained within the
foot-print of an attached or detached garage.
(b)
The entrance to the garage suite shall be a separate exterior entrance that
does not require passage through any part of the building used for motor
vehicle parking or accessory uses.
(c)
A garage suite shall not include a rooftop deck.
(d)
The maximum floor area of a detached garage suite shall be 90 m2 or 75%
of the habitable floor space of the building housing the principal residence on
the Parcel, whichever is less.
(e)
The maximum floor area of an attached garage suite shall be 90 m2 or 45%
of the habitable floor space of the principal dwelling in which the attached
garage suite is contained, whichever is less.
3.15 Carriage Homes
3.15.1 The following shall apply in zones where carriage home is a permitted use:
(a)
No portion of the roof of a carriage home shall be higher than the peak of the
roof of the building housing the principal residence on the same Parcel.
(b)
A carriage home shall not include a rooftop deck.
(c)
The maximum floor area of a carriage home shall be 90 m2 or 75% of the
habitable floor space of the building housing the principal residence on the
Parcel, whichever is less.
(d)
A carriage home shall be separated a minimum distance of 3 m from the
building housing the principal residence on the same Parcel.
3.16 Tiny Homes
3.16.1
The following shall apply in zones where tiny home is a permitted use:
(a)
A tiny home shall have a maximum floor area of 37.2 m2;
(b)
A tiny home permitted as an Accessory Use on a property shall:
i)
be separated a minimum distance of 3 m from the building housing
the principal residence on the same Parcel,
ii)
not exceed 37.2 m2 or 75% of the habitable floor space of the
building housing the principal residence on the Parcel, or whichever
is less; and,
iii)
not have a roof higher than the peak of the roof of the building
housing the principal residence on the Parcel
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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3.17 Container Buildings
3.17.1
Container buildings are permitted as an accessory use for outdoor storage
purposes in the M-1, M-2, RU-1, A-1, I, C-1, C-2, and C-4 zones, and as noted
in this bylaw on a site specific basis; the following conditions apply:
a)
A maximum of two (2) container buildings are permitted as an accessory
use per 0.2 ha of land, to a maximum of five (5) container buildings per
Parcel in the RU-1, M-1, and M-2 zones.
b)
One (1) container building maximum is permitted per Parcel as an
accessory use in all other zones where container buildings are permitted.
c)
Container buildings must be located in the rear yard of any Parcel.
d)
Container buildings must not encroach into any rights-of-way, setbacks,
easements, required parking spaces, or required landscaping buffers/areas
on the Parcel.
e)
Container buildings located in C-1, C-2, and C-4 zones must be screened
from view in the form of a solid fence or landscaping as described in Table
1 of this Bylaw that is prescribed for parcel boundaries, or at the discretion
of the CAO, clad in a building material that shall match the general
appearance of the principal building on a Parcel the container building is
situated on.
f)
Container buildings located in all other zones where permitted and where
the Parcel borders a residential zone, shall be screened from view in the
form of a solid fence or landscaping as described in Table 1 of this Bylaw,
or at the discretion of the CAO, clad in a building material that shall match
the general appearance of the principal building on the Parcel the container
building is situated on.
3.17.2
A person may place a maximum of two (2) container buildings temporarily for
storage purposes during the period that the property owner has been issued a
valid building permit by the Regional District of the Central Kootenay; the
temporary container building(s) must be removed upon expiry of the building
permit and are exempt from provisions outlined in (a) of this section of this
bylaw.
3.17.3
Container buildings shall not be stacked.
3.17.4
Container buildings shall be adequately ventilated.
3.18 Height Exemptions
3.18.1 The height of buildings and structures permitted elsewhere in this Bylaw may be
exceeded for the following:
(a)
flag poles;
(b)
water towers;
(c)
telecommunications towers;
(d)
transmission towers;
(e)
observation towers;
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 32
(f)
chimneys;
(g)
spires;
(h)
domes;
(i)
monuments;
(j)
roof top appurtenances;
(k)
industrial cranes;
(l)
lighting poles;
(m) stair towers;
(n)
multiple-unit residential elevator shafts;
(o)
stadium bleachers; and
(p)
fire and hose towers.
3.18.2 Mechanical apparatus located on a roof top must be screened from view and not
cover more than 10% of the roof area of a building.
3.19 Parcel Coverage Exemptions
3.19.1 The area of the following is not included in the calculation of Parcel Coverage:
(a)
Uncovered and open exterior balconies and stairs;
(b)
Decks and porches under 1 m²;
(c)
Eaves and gutters, cornices, sills, bay windows, sunshades, or other similar
features, providing that the feature does extend to grade level adjacent to the
building;
(d)
Chimneys and columns external to the building;
(e)
Driveways, manoeuvring aisles, and Parking and Loading Spaces;
(f)
Sidewalks, patios, and hard surfacing of the ground; and,
(g)
Underground structures, provided that the top surface of any part of such
structures does not extend above the average finished ground elevation.
3.20 Drainage
3.20.1 All developments shall be provided with the required stormwater works in
conformity with the current Subdivision and Development Servicing Bylaw adopted
by the Village and as amended from time to time.
3.21 Landscaping
3.21.1 Landscape features such as arbours, trellises, constructed water features, and
ornaments are exempt from setback requirements, except where a landscape
feature exceeds 2 m in height, in which case it shall be located 1.5 m from any
Parcel Line.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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3.22 Screening and Landscape Buffers
3.22.1 Screening and landscape buffers shall be provided in accordance with Table 1
below by the owner of the Parcel prior to the completion of a development, building
or structure on the Parcel and shall be constructed, erected, installed or planted
and inspected and approved prior to the issuance of an occupancy permit.
TABLE 1 - Screening and Landscape Buffer Requirements
Zone
Screening or Buffer Requirement
C-1, C-5
a) Landscaping, screening or fencing of not less than 2.13 m in height
shall be provided along all Parcel boundaries that abut a residential
zone.
C-2, C-3, C-4, M-1, M-2
a) Solid Screening or fencing of not less than 2.13 m in height and a
thick landscape buffer of not less than 1.8 m in width shall be
provided along all Parcel boundaries that abut a residential zone.
b) For automotive service related establishments in these zones, the
width of landscape buffers may be reduced to a minimum of 1 m.
c) For Parcels that abut a highway, a thick landscape buffer or
screening or fencing may be provided in these zones.
LD-1
a) Landscape buffers of not less than 1 m in height and 1.3 m in width
may
be
provided
along
Parcel
Lines
that
abut
the
Waterfront/Lakefront Promenade.
R-3
a) Storage, garbage / recycling containers, shall be screened at least
2.2 high, whether by a landscape buffer, a solid decorative fence, a
building or a combination thereof.
A-1
a) Refer to Guide to Edge Planning (2015), Ministry of Agriculture BC.
Up to a 30 m residential building setback from the ALR boundary and
an associated 15 m vegetated buffer to reduce the potential for
urban/agricultural conflicts.
3.22.2 Pursuant to section 3.4 of this Bylaw, screening and landscape buffers provided
within the visibility triangle area described in this section shall conform with the
regulations relating to fences and be no greater than 1 m in height.
3.22.3 The height of screening and landscape buffers is determined by measurement
from the finished grade level.
3.22.4 Any portion of a retaining wall projecting above the surface of the ground which it
supports is considered as a screen and is subject to the requirements of this
section.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
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3.23 Parcel Area Exemptions
3.23.1 If a Parcel has insufficient area to be subdivided in accordance with the minimum
Parcel area required in Section 6 of this Bylaw, the Parcel may nonetheless be
subdivided if the proposed subdivision is one of the following and meets local
health authority requirements:
(a)
a subdivision to adjust a boundary that does not create, or make it possible
to create, a greater number of Parcels than existed at the time of application;
(b)
the subdivision of a Parcel that is divided by a highway or Forest Service
Road if the boundaries of the highway or road will be the boundaries of the
new Parcel;
(c)
the subdivision of a Parcel on which two or more single detached, duplex or
combination of single detached and duplex dwellings existed prior to the
adoption of this by-law and the purpose and effect of the subdivision is only
to provide a separate Parcel for each building; or
(d)
the subdivision of a Parcel divided by a zone boundary if the zone boundary
will be the boundaries of the new Parcels.
3.24 Short-Term Rentals
3.24.1 The following shall apply in zones where short-term rental is a permitted use:
(a)
A valid business license must be issued by the Village for operation.
(b)
A maximum of one short-term rental is permitted on a Parcel.
(c)
A short-term rental may not operate on the same Parcel where a Bed and
Breakfast, Hotel, Tourist Accommodation is operating.
(d)
A short-term rental may operate within a principal or accessory dwelling unit
pursuant to the conditions of use stated in Section 6.
(e)
Parking for the principal or accessory dwelling unit in which the short-term
rental will operate must be provided in accordance with Section 4.
3.25 Cannabis Retail Sales Facility
3.25.1 Cannabis Retail Sales Facility shall comply with all of the following regulations:
(a)
Must be licensed by the British Columbia Liquor Control and Licensing
Branch under the provisions of Cannabis Control and Licensing Act [SBC
2018] Chapter 29, and as amended; and Cannabis Distribution Act [SBC
2018] Chapter 29, and as amended.
(b)
Must not be located within 500 m of a school, day care or playground.
(c)
Is prohibited as a home occupation.
(d)
May be located on a Parcel approved by Council by means of a zoning
amendment to add the use to a specific property.
(e)
May be located on a property zoned C-1 or C-4.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 35
3.26 Cannabis Cultivation and Processing Facilities
3.26.1 A Cannabis Cultivation Facility and/or Cannabis Processing Facility shall not be
permitted on lands outside of the Agricultural Land Reserve.
3.26.2 A Cannabis Cultivation Facility and/or Cannabis Processing Facility shall not be
located less than 1,000 m from the nearest point of any Parcel on which another
Cannabis Cultivation Facility or Cannabis Processing Facility is located.
3.27 Undersized Parcels
3.27.1 Parcels of land that are shown on a plan deposited in the BC Land Title Office prior
to the adoption of this Bylaw, which have less than the minimum Parcel size, width
or depth requirements as established in the zone in which the Parcel is situated,
may be used for any permitted use in that zone subject to meeting all of the other
regulations outlined in this Bylaw.
3.28 Construction of Garage Prior to Principal Residence
3.28.1 A garage with an accessory dwelling unit may be constructed on a property where
single detached dwellings are permitted prior to construction of the principal
residence so long as a valid building permit has been issued by the Regional
District of Central Kootenay for the construction of the principal residence.
3.28.2 A garage containing an accessory dwelling unit must adhere to the regulations
outlined in the Section 3 Accessory Dwelling Units and Garage Suites regulations.
3.28.3 Notwithstanding this section, no accessory buildings may be constructed prior to
construction of a principal building.
3.29 Recreational Vehicles as a Residence
3.29.1 A Recreational Vehicle used as a temporary residence, may be permitted for a
maximum twenty-one (21) days during the period of April 1 to October 31, as an
accessory use in R-1, R-2, R-3, RM-1, RU-1, and A-1 zones; and in C-2, C-4, and
C-5 zones if the primary use of the property is a dwelling.
3.29.2 A Recreational Vehicle used as a temporary residence may be permitted for more
than twenty-one (21) days subject to the issuance of a temporary use permit by
the Village to permit a Recreational Vehicle as a temporary use.
3.29.3 For certainty, a Recreational Vehicle are prohibited from being occupied as a
permanent dwelling unit on any Parcel of land located within the Village.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 36
3.30 Swimming Pools
3.30.1 Installation of swimming pools is subject to the provisions of Regional District of
Central Kootenay Building Bylaw No. 2200, 2010, as amended from time to time.
3.31 Drive Through Restaurants
3.31.1 Drive-through restaurants shall not be permitted to operate in any zone located
within the Village.
3.32 Mobile and Manufactured Homes
3.32.1 A Manufactured Home or Mobile Home that was manufactured more than 20 years
from the date it is intended to be moved onto a Parcel of land within the Village,
shall not be permitted to be used as a Dwelling Unit, except in the M1 and M2
zones where it may only be used as an Accessory Use as a Caretaker Dwelling.
3.33 Temporary Use Permits
3.33.1 All areas within the boundaries of the Village of Nakusp are designated for the
issuance of temporary use permits to allow for the provision of uses on a temporary
basis that are not explicitly permitted in the zoning.
3.33.2 A temporary use permit may only be renewed once for the same use.
3.33.3 If a temporary use permit has expired before a renewal has been applied for, a
new temporary use permit is required.
4.0
OFF-STREET PARKING AND LOADING
4.1
Application
4.1.1 Except as otherwise specified, Section 4 applies to all zones established under
this Bylaw.
4.2
General
4.2.1 Unless otherwise noted in this Bylaw, required off-street parking and loading spaces
shall be located on the same Parcel as the use they are allocated for.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 37
4.2.2 In all zones:
a) the owner may apply for a Development Permit to locate up to 50% of the
required parking spaces on an alternate Parcel located within 300 m of
the principal site, provided that a covenant in favour of the Village of
Nakusp connecting the parking on the alternate Parcel with the principal
site, is registered against the title of the alternate Parcel.
b) the number of parking spaces provided on the alternate Parcel cannot
interfere with the parking spaces required for the principal use of the
alternate site.
4.2.3 The regulations contained in this section do not apply to buildings, structures
existing as of the date of adoption of this Bylaw, except that:
a) off street parking and loading shall be provided and maintained in
accordance with this section for any addition of gross floor area to an
existing building or structure.
b) the number of off-street parking or loading spaces provided prior to the
date of adoption of this Bylaw shall not be reduced below the applicable
off-street parking or loading space requirements of this section.
4.2.4 The number of required off-street parking and loading spaces shall be calculated as
follows:
a) where gross floor area is used as a unit of measurement for the
calculation of required off-street parking and loading spaces, it shall
include the total floor area on a Parcel;
b) the number of off-street parking spaces required for building or Parcel is
calculated in accordance with Table 2;
c)
the number of off-street loading spaces is calculated in accordance with
Table 3;
d) where the calculation of the required off-street parking spaces or loading
spaces results in a fraction of 0.5 or more, the number of spaces
required shall be rounded up to the nearest whole number
e) in the case of mixed uses, the total requirements for the off-street
parking or loading facility shall be the sum of the requirements for the
various uses computed separately.
4.2.5 As a component of the required off-street parking spaces, a maximum of twenty
percent (20%) of the required off-street parking spaces for a site may be
allocated to small car parking.
4.3 Cash-In-Lieu of Parking
4.3.1 Any person who applies for a Building Permit to construct or extend a building or
structure, or changes the use of a property in any zone, which requires Off-Street
Parking to be provided, may be permitted to pay the Village the per off-street
parking space fee established in the Fees and Charges Bylaw, in lieu of providing
off-street parking, pursuant to the following:
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 38
a) A person applying to the Village to allow for payment in-lieu of parking of
up to 50% of the amount of parking spaces required under section 4 of
the Zoning Bylaw, will be subject to the review and subsequent approval
or refusal by the CAO; a person whose application is denied by the CAO
may petition Council to reconsider the CAO's decision by:
i. Submitting a request, in writing, to the Village Office within
14 days of the date indicated on the letter sent by the CAO
stating the application was denied; and,
ii. The person, or their authorized representative, whose
application was denied will be required to appear at the next
available Council meeting to present their argument as to
why the CAOs decision should be reconsidered.;
b) A person applying to the Village to allow for payment in-lieu of parking of
51% to 100% of the amount of parking spaces required under section 4
of the Zoning Bylaw, will be subject to the review and subsequent
approval or refusal by Council; and,
c)
In all cases, any decision rendered by Council in regards to payment in-
lieu of parking shall be final.
4.3.2 Payment of cash-in-lieu of parking amount is payable at the time when the Building
Permit is issued for the building or structure that requires the parking spaces
specified in this Bylaw, or where no Building Permit is required, the use that
requires the parking space specified in this Bylaw is granted a business license.
4.3.3 The fee prescribed per parking space for cash-in-lieu is defined in the Fees and
Charges Bylaw, and as amended from time to time.
4.3.4 Funds received for cash-in-lieu, may at the Village's discretion be used pursuant
to Part 14, Division 13 of the Local Government Act.
4.4
Off-Street Parking Requirements
4.4.1 Off-street parking spaces must be provided as follows:
TABLE 2 - Required Off-Street Parking Spaces
Column I
Use of Building or Parcel
Column II
Required Number of Spaces
Column III
Required Visitor
Parking Spaces
RESIDENTIAL USES
Single Detached Dwelling and Duplex
2 per dwelling unit
Townhouse, Apartment, Multi-Unit Residential
1.5 per dwelling unit
0.2 per dwelling unit
Mobile Home Park
1.5 per mobile home
Bed and Breakfast, Short-term rental
1 per sleeping unit
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 39
Attached Accessory Dwelling, Detached Accessory
Dwelling, and Caretaker Dwelling
1 per dwelling unit
Staff Housing
1 per 2 dwelling units
COMMERCIAL USES
Automobile and Boat Sales, Rental, and Servicing
1 per 50 m2 of gross floor area
Financial Institution
1 per 25 m2 of gross floor area
Building Material Supply
1 per 100 m2 of gross floor
area
Campground
1 per campground space
Cannabis Retail Sales Facility and Liquor Store
1 per 25 m2 of gross floor area
Funeral Home
1 per 15 m2 of gross floor area
Gasoline Service Station
1 per 30 m2 of gross floor area
Golf Course
4 per hole
Health Spa Facility
1 per 25 m2 of gross floor area
Hotel and Tourist Accommodation
1 per sleeping unit
Marina
1 per 3 moorage slips
Medical clinic
1 per 20 m2 of gross floor area
Eating Establishment or Pub
1 per 10 m2 of gross floor area
Office
1 per 30 m2 gross floor area
Personal Service Establishment
1 per 25 m2 of gross floor area
Retail Sales
Less than 400 m2 of gross floor
area - 1 per 35 m2 of gross
floor
400m2 to 4,000 m2 of gross
floor area - 1 per 30 m2 of
gross floor area
Greater than 4,000 m2 of gross
floor area - 1 per 25 m2 of
gross floor area
Theatre
1 per 10 m2 of gross floor area
Transportation Depot
1 per 20 m2 of gross floor area
Entertainment Facility (excluding theatre)
1 per 35 m2 of gross floor area
Veterinary Clinic and Kennel
1 per 20 m2 of gross floor area
All Other Commercial Uses
1 per 50 m2 of gross floor area
INDUSTRIAL
Machine and Welding Shop, Manufacturing
Fabricating and Processing Industry, all other
Industrial Uses
1 per 100 m2 gross floor area
Storage, Warehousing, Garage, Express Freight
Facilities
1 per 200 m2 gross floor area
INSTITUTIONAL USES
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 40
Child Care Facility
1 per 5 children permitted as
licensed under the Community
Care and Assisted Living Act
Civic Use (libraries, government offices, public
utilities, fire halls, police stations etc.), not including
hospital
1 per 35 m2 of gross floor area
Religious Assembly
1 per 10 m2 of gross floor area
College, University
1 per 35 m2 of gross floor area
Community Care Facility
1 per 2 sleeping units
Hospital
1 per 50 m2 of gross floor area
Community Recreation Facility
1 per 35 m2 of gross floor area
School - Elementary
1 per 70 m2 of gross floor area
School - Secondary
1 per 50 m2 of gross floor area
All other Institutional Uses
1 per 50 m2 of gross floor area
RURAL USES
Agricultural Use
1 per 50 m2 of gross floor area
used for retail sales, or
packaging and processing
facilities
Cannabis Cultivation or Processing Facility
1 per 50 m2 of gross floor area
used for retail sales, or
packaging and processing
facilities
4.5
Off-Street Loading Area
4.5.1 Off-street loading spaces shall:
(a)
Be provided in accordance with Table 3 for all principal uses except
Single Detached Dwellings;
(b)
Not be located within a required front or side yard setback;
(c)
Not be located such that encroachment is necessary upon a Highway or
right-of way during loading;
(d)
Be at least 3.5 m in width, 9.0 m in length, and have a clearance of 3.7 m
in height;
(e)
Be constructed to permit unobstructed access and egress from each
loading space at all times;
(f)
Be clearly marked with the words "Loading Space Only";
(g)
Be drained and graded so as to dispose of all surface water to a storm
drainage system; and;
(h)
Not be included in the calculation of off-street parking space
requirements.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 41
TABLE 3 - Required Off-Street Loading Spaces
Column I
Principal Use of Building or Parcel
Column II
Required Number of
Spaces
under 300 m2 in floor area
0 per building
300 m2 to 2,000 m2 in floor area
1 per building
Greater than 2,000 m2 in floor area
2 per building
4.6
Dimensions of Parking Spaces
4.6.1 Each off-street parking space required by this Bylaw shall not be less than 2.6 m
wide, 6.0 m long (and have a vertical clearance not less than 2.2 m.
4.6.2 Notwithstanding this section, off-street parking spaces may be provided for small
cars and shall not be less than 2.45 m wide, and 4.9 m long.
4.6.3 For parking located within a single or double car garage, the width and length of
the parking space shall be measured from the inside of the opposite finished wall
of the garage. The parking space shall be clear of any projections or
encroachments by any building elements.
4.6.4 Where one or both sides of a parking space abut a wall or other barrier more than
0.15 m high, an additional 0.3 m width shall be provided to each abutting parking
space on the side(s) adjacent to such a barrier to allow easier opening of car doors.
4.7
Accessible Parking
4.7.1 Where 20 or more parking stalls are required, accessible parking shall be
provided as follows:
a)
One accessible parking space for the first 20 off-street parking spaces;
b)
One accessible parking space for each 50 required off-street parking
spaces or portion thereof; and
c)
Each accessible parking space shall count as one of the total number of
required off-street parking spaces.
4.7.2
Each accessible parking space shall have a minimum width of 3.6 m wide.
4.7.3 Accessible parking spaces shall be located as close as possible to a main
accessible building entrance and shall be clearly identified as being for designated
for use by disabled persons only.
4.8 Access to Parking Spaces
4.8.1 Each off-street parking space for all uses excluding single detached and two-unit
dwellings shall have access to a manoeuvring aisle that intersects with a highway
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 42
that shall be unobstructed and designed in accordance with the provisions outlined
in Table 4:
TABLE 4 - Manoeuvring Aisle Requirements
Angle of Parking Spaces
Minimum Manoeuvring Aisle Width
90 degrees, 0 degrees (Parallel)
7.3 m (2 Way)
60 degrees to 89 degrees
5.5 m (1 Way)
45 degrees to 59 degrees
4.0 m (1 Way)
0 degrees (Parallel) to 44 degrees
3.7 m (1 Way)
4.8.2 Notwithstanding the section above, multiplex, apartment, and townhouses may in
some instances may not require a manoeuvring aisle, at the discretion of the Chief
Administrative Officer.
4.8.3 Single detached dwellings shall have a driveway access that is a minimum width
of 3.0 m and a maximum width of 6.0 m. All other residential uses not requiring a
manoeuvring aisle shall have a driveway access that is a minimum width of 2.6 m.
4.8.4 Driveways that are greater than 3.6 m in width must provide a minimum of two off-
street parking spaces using a side-by-side or tandem parking configuration, that
may or may not include a garage. Where a garage is not utilized, the minimum
driveway length shall be 6.0 m.
4.8.5 Driveways greater than 3.0 m in width but less than 3.6 m may utilize a tandem
parking arrangement that sufficiently provides for the minimum number of required
parking spaces outlined in Table 2 via:
a)
a garage, for which the minimum driveway length shall align with setback
requirements of the applicable zone; or
b)
the driveway, for which the minimum driveway length shall be 6.75 m.
4.9
Surfacing of Off-Street Parking and Loading Spaces
4.9.1 Off-street parking containing three or more spaces and all loading spaces,
including manoeuvring aisles, shall be surfaced with paving, asphalt, concrete, or
a permeable surface such as, crushed gravel or similar, to provide a durable,
dust free surface.
4.9.2 All off-street parking and loading areas, including manoeuvring aisles, shall be
graded, or drained to direct all surface water to a stormwater drainage system or
otherwise permeable ground.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 43
ESTABLISHMENT OF ZONES
5.1
Establishment of Zones
5.1.1 For the purposes of this Bylaw, the Village of Nakusp is divided into zones listed
in Table 5.
TABLE 5 - Zones
Title Elaboration
Zone
Residential Zones:
Small Parcel Residential
R-1
Low-Density Residential
R-2
Multiple-Unit Residential
R-3
Mobile Home Park
RM-1
Rural Zones:
Agricultural
A-1
Rural Residential
RU-1
Commercial Zones:
Core Commercial - Downtown
C-1
Service Commercial
C-2
Tourist Commercial - Nakusp Hot Springs
C-3
Highway Commercial
C-4
Neighbourhood Mixed Use
C-5
Lakeshore Development
LD-1
Industrial Zone:
Light Industrial
M-1
Heavy Industrial
M-2
Public Zones:
Park
P
Institutional
I
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 44
5.2
Location of Zones
5.2.1 The location of each zone is defined in Schedule A, which is attached to, and
forms a part of this bylaw.
5.2.2 Where the boundary does not follow a legally defined parcel boundary, and
where the distances are not specifically indicated, the location of the zoning
boundary shall be determined by the CAO by scaling from the map located in
Schedule A of this bylaw.
5.3
Delineation of Zones
5.3.1 Where a zone boundary is shown on Schedule A as following a highway, rail
right-of-way or water course, the centre line of the highway, rail right-of-way or
water course shall be the zone boundary.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 45
R-1
6.0
ZONES
6.1
R-1 SMALL PARCEL RESIDENTIAL
6.1.1 Intent
To accommodate Single Detached Dwellings, Duplexes, and Accessory
Dwellings on small Parcels.
6.1.2 Uses Permitted
(a)
Principal Uses
The following uses and no others are permitted in the R-1 zone:
i)
Single Detached Dwelling
ii)
Duplex
(b)
Accessory Uses
The following Uses and no others are permitted as accessory to the
Principal Uses in the R1 Zone:
i)
Accessory Dwelling, Attached
ii)
Accessory Dwelling, Detached
iii)
Bed and Breakfast
iv)
Home Occupation
v)
Short-Term Rental
6.1.3 Subdivision Regulations
Minimum Parcel Area for Single Detached Dwellings
320 m2
Minimum Parcel Area for Duplex
700 m2
Minimum Parcel Area for Parcels subdivided along a common
wall separating two dwelling units in a Duplex
350 m2
Minimum Parcel Frontage for Single Detached Dwellings
9 m
Minimum Parcel Frontage for Duplex
15 m
6.1.4 Density
(a)
Maximum one principal building per Parcel.
(b)
The maximum number of dwelling units per Parcel shall be in accordance
with one of the following configurations:
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 46
(i)
One Single Detached Dwelling and one attached Accessory
Dwelling unit per Parcel on Parcels 320 m2 or greater; or
(ii)
One Single Detached Dwelling and one attached or detached
Accessory Dwelling unit per Parcel on Parcels 534 m2 or greater;
or
(iii) One Duplex on Parcels that are 700 m2 or greater.
6.1.5 Parcel Coverage
(a) Maximum 50%.
(b) Maximum 60% where the use is a Duplex, or Single Detached Dwelling and
one Detached Dwelling Unit.
6.1.6 Setbacks
(a) Minimum setbacks for a Principal building are as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.5 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
4.5 m
(b) Minimum setbacks for Accessory buildings are as follows:
6.1.7 Height
(a) Maximum building heights are as follows:
6.1.8 Conditions of Use
(a)
Detached Accessory Dwellings shall only be permitted on Parcels where the
principal use is a Single Detached Dwelling.
Front Parcel Line
4.5 m
Rear Parcel Line
1.0 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
4.5 m
Principal Buildings
10.0 m
Accessory Buildings
7.3 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 47
(b)
A maximum of one (1) short-term rental is permitted to operate on a parcel,
and only if the parcel contains another dwelling unit that is occupied long-
term.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 48
R-2
6.2
R-2 LOW-DENSITY RESIDENTIAL
6.2.1 Intent
To accommodate Single Detached Dwellings, Duplexes, and Accessory
Dwellings on standard low-density residential Parcels.
6.2.2. Permitted Uses
(a) Principal Uses
The following uses and no others are permitted in the R-2 zone:
i)
Single Detached Dwelling
ii)
Duplex
(b) Accessory Uses
The following uses and no others are permitted as accessory to the
Principal Uses in the R2 zone:
i)
Accessory Dwelling, Attached
ii)
Accessory Dwelling, Detached
iii)
Bed and Breakfast
iv)
Home Occupation
v)
Short-Term Rental
6.2.3 Subdivision Regulations
Minimum Parcel Area for Single Detached Dwellings
534 m2
Minimum Parcel Area for Duplex
700 m2
Minimum Parcel Area for Parcels subdivided along a common
wall separating two dwelling units in a Duplex
350 m2
Minimum Parcel Frontage
15 m
6.2.4 Density
(a) Maximum one principal building per Parcel.
(b)
The maximum number of dwelling units per Parcel shall be in accordance
with one of the following configurations:
(i) One Single Detached Dwelling and one attached or detached
Accessory Dwelling unit per Parcel on Parcels 534 m2 or greater; or
(ii) One Duplex per principal dwelling unit on Parcels 700 m2 or greater.
6.2.5 Parcel Coverage
(a) Maximum 50%.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 49
6.2.6 Setbacks
(a) Minimum setbacks for Principal buildings are as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.5 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
4.5 m
(b) Minimum setbacks for Accessory buildings are as follows:
6.2.7 Height
(a) Maximum building heights are as follows:
6.2.8 Conditions of Use
(a)
Detached Accessory Dwellings shall only be permitted on Parcels where the
principal use is a Single Detached Dwelling.
(b)
A maximum of one (1) short-term rental is permitted to operate on a parcel,
and only if the parcel contains another dwelling unit that is occupied long-
term.
6.2.9 Site Specific Regulations
(a)
The minimum rear Parcel line setback for principal buildings shall be 29.0 m
on:
-
Lot 1 Plan NEP10155 District Lot 397 Kootenay Land District (328
10th Ave NW)
-
Lot 2 Plan NEP10155 District Lot 397 Kootenay Land District (318
10th Ave NW)
-
Lot 3 Plan NEP10155 District Lot 397 Kootenay Land District (312
10th Ave NW)
Front Parcel Line
4.5 m
Rear Parcel Line
1.0 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
4.5 m
Single Detached Dwelling
10.0 m
Accessory Buildings
7.3 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 50
-
Lot 4 Plan NEP10155 District Lot 397 Kootenay Land District (308
10th Ave NW)
-
Lot 5 Plan NEP10155 District Lot 397 Kootenay Land District (302
10th Ave NW)
-
Lot 6 Plan NEP10155 District Lot 397 Kootenay Land District (246
10th Ave NW)
-
Lot 7 Plan NEP10155 District Lot 397 Kootenay Land District (242
10th Ave NW)
-
Lot 8 Plan NEP10155 District Lot 397 Kootenay Land District (238
10th Ave NW)
-
Lot 9 Plan NEP10155 District Lot 397 Kootenay Land District (232
10th Ave NW)
-
Lot 10 Plan NEP10155 District Lot 397 Kootenay Land District (228
10th Ave NW)
-
Lot 11 Plan NEP10155 District Lot 397 Kootenay Land District (222
10th Ave NW)
-
Lot 13 Plan NEP10155 District Lot 397 Kootenay Land District (218
10th Ave NW)
-
Lot 17 Plan NEP10155 District Lot 397 Kootenay Land District (912
Broadway St NW)
-
Lot 18 Plan NEP10155 District Lot 397 Kootenay Land District (910
Broadway St NW)
-
Lot 19 Plan NEP10155 District Lot 397 Kootenay Land District (908
Broadway St NW)
-
Lot 20 Plan NEP10155 District Lot 397 Kootenay Land District (906
Broadway St NW)
-
Lot 1 Plan EPP122009 District Lot 397 Kootenay Land District (202
10th Ave NW)
(b)
The minimum rear Parcel line setback for accessory buildings shall be 25.5
m on:
-
Lot 1 Plan NEP10155 District Lot 397 Kootenay Land District (328
10th Ave NW)
-
Lot 2 Plan NEP10155 District Lot 397 Kootenay Land District (318
10th Ave NW)
-
Lot 3 Plan NEP10155 District Lot 397 Kootenay Land District (312
10th Ave NW)
-
Lot 4 Plan NEP10155 District Lot 397 Kootenay Land District (308
10th Ave NW)
-
Lot 5 Plan NEP10155 District Lot 397 Kootenay Land District (302
10th Ave NW)
-
Lot 6 Plan NEP10155 District Lot 397 Kootenay Land District (246
10th Ave NW)
-
Lot 7 Plan NEP10155 District Lot 397 Kootenay Land District (242
10th Ave NW)
-
Lot 8 Plan NEP10155 District Lot 397 Kootenay Land District (238
10th Ave NW)
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 51
-
Lot 9 Plan NEP10155 District Lot 397 Kootenay Land District (232
10th Ave NW)
-
Lot 10 Plan NEP10155 District Lot 397 Kootenay Land District (228
10th Ave NW)
-
Lot 11 Plan NEP10155 District Lot 397 Kootenay Land District (222
10th Ave NW)
-
Lot 13 Plan NEP10155 District Lot 397 Kootenay Land District (218
10th Ave NW)
-
Lot 17 Plan NEP10155 District Lot 397 Kootenay Land District (912
Broadway St NW)
-
Lot 18 Plan NEP10155 District Lot 397 Kootenay Land District (910
Broadway St NW)
-
Lot 19 Plan NEP10155 District Lot 397 Kootenay Land District (908
Broadway St NW)
-
Lot 20 Plan NEP10155 District Lot 397 Kootenay Land District (906
Broadway St NW)
-
Lot 1 Plan EPP122009 District Lot 397 Kootenay Land District (202
10th Ave NW)
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 52
R-3
R3
6.2
R-3 MULTIPLE UNIT RESIDENTIAL
6.3.1 Intent
To accommodate medium to high density forms of residential development such
as Townhouses, Multiple-Unit Residential, and Two-Unit Dwellings on large
residential Parcels while still allowing for traditional low-density residential
development in the form of Single Detached Dwellings with the option for
Accessory Dwellings.
6.3.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the R-3 zone:
i)
Apartment
ii)
Duplex
iii)
Multiple-Unit Residential
iv)
Single Detached Dwelling
(b)
Accessory Uses
The following uses and no others are permitted as accessory to the
Principal Uses in the R-3 zone:
i)
Accessory Dwelling, Attached
ii)
Accessory Dwelling, Detached
iii)
Bed and Breakfast
iv)
Home Occupation
v)
Short-Term Rental
6.3.3 Subdivision Regulations
Minimum Parcel Area for Parcels with
community water and sewer systems
800 m2
Minimum Parcel Area for Parcels with a
community water system but without a
community sewer system
1,115 m2
Minimum Parcel Frontage for Parcels
with community water and sewer
systems and lane access
18 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 53
Minimum Parcel Frontage for Parcels
with community water and sewer
systems without lane access
22 m
Minimum Parcel Frontage for Parcels
with a community water system but
without a community sewer system
27 m
6.3.4 Density
a)
Maximum one principal building per Parcel.
b)
The maximum number of dwelling units per Parcel shall be in accordance
with one of the following configurations:
i.
One Single Detached Dwelling and one attached or detached
Accessory Dwelling;
ii.
One Multiple-Unit Residential development and one Attached
Accessory Dwelling per each Primary Dwelling Unit of a Multiple-
Unit Residential development;
iii.
One Multiple-Unit Residential development; or
iv.
One Apartment Building development.
6.3.5 Parcel Coverage
(a)
Maximum 50% where a Single Detached Dwelling is the principal building.
(b)
Maximum 60% where a Duplex, Semi-Detached Dwelling, Multi-Unit
Residential, Townhouse, or Apartment is the principal building.
6.3.6 Setbacks
(a) Minimum setbacks for Single Detached Dwellings and Duplex are as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.5 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
4.5 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 54
(b) Minimum setbacks for Townhouse, Multi-unit Residential are as follows:
Front Parcel Line
1.5 m
Rear Parcel Line
4.5 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
(c)
Minimum setbacks for an Apartment is as follows:
Front Parcel Line
1.5 m
Rear Parcel Line
6.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
(d) Minimum setbacks for Accessory buildings are as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
6.3.7 Height
(a) Maximum building heights are as follows:
6.3.8 Conditions of Use
a) A maximum of one Dwelling Unit shall be permitted to be used as a Short-
Term Rental in a Duplex or Multiple-Unit Residential development;
b) A parcel containing a Sigle Detached Dwelling and either an Attached or
Detached Accessory Dwelling Unit may operate one (1) short-term rental,
provided one of the Dwelling Units on the parcel is occupied long-term.
Apartment, Multiple-Unit Residential
12.0 m
All other Principal Buildings
10.0 m
Accessory Buildings
7.3 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 55
RM-1
6.4 RM-1 MOBILE HOME PARK
6.4.1 Intent
To accommodate mobile homes on individual pads within an unsubdivided
Mobile Home Park.
6.4.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the RM-1 zone:
i)
Mobile Home Park
(b)
Accessory Uses
The following uses and no others are permitted as accessory to Principal
Uses on Parcels in the RM-1 zone:
i)
Caretaker Dwelling
ii)
Home Occupation
6.4.3 Subdivision Regulations
Minimum Parcel Area
1.6 ha
Minimum Parcel Frontage
60 m
Minimum Mobile Home Space Area - Single-
Wide Mobile Home
325 m2
Minimum Mobile Home Space Area - Double-
Wide Mobile Home
420 m2
Minimum Mobile Home Space Frontage -
Single-Wide Mobile Home
12 m
Minimum Mobile Home Space Frontage -
Double-Wide Mobile Home
14.5 m
Minimum Mobile Home Space Frontage -
Spaces abutting a cul-de-sac or panhandle
space
6.0 m
6.4.4 Density
(a)
A maximum of 30 mobile homes per ha are permitted.
(b)
A maximum of one mobile home per pad is permitted.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 56
6.4.5 Parcel Coverage
(a) Maximum 35%.
6.4.6 Setbacks
(a) Minimum setbacks for Mobile Homes are as follows:
Distance between Mobile Homes
9.0 m
Mobile Home Park Parcel Lines abutting a
Highway
7.5 m
All other Mobile Home Park Parcel Lines
4.0 m
Mobile Home Space Line abutting an internal
road or right-of-way and Front Mobile Home
Pad Line
1.8 m
All other Mobile Home Pad Lines
1.5 m
(b) Minimum setbacks for Accessory Buildings and Structures are as follows:
Mobile Home Space Line abutting an internal
road or right-of-way and Front Mobile Home
Pad Line
1.8 m
All other Mobile Home Pad Lines
0 m
6.4.7 Height of Buildings and Structures
(a) Maximum building heights are as follows:
Principal Buildings
7.5 m
Accessory Buildings and structures
4.8 m
6.4.8 Conditions of Use
(a)
Maximum of one Caretaker Dwelling is permitted per Parcel.
(b)
Each mobile home park shall include outdoor recreation space and storage
space.
(c)
Any addition to a mobile home, exclusive of carport and deck shall not
exceed 50% of the floor area of the mobile home.
(d)
A mobile home shall not be moved on to the property if the mobile home was
manufactured more than 20 years prior to the date of the move.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 57
A-1
6.5 A-1 AGRICULTURAL
6.5.1 Intent
To accommodate residential and agricultural uses on lands within the Agricultural
Land Reserve.
6.5.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the A-1 zone:
i)
Agriculture
ii)
Cannabis Cultivation Facility
iii)
Cannabis Processing Facility
iv)
Single Detached Dwelling
(b)
Accessory Uses
The following uses and no others are permitted as accessory to Principal
Uses in the A-1 zone:
i)
Accessory Dwelling, Attached
ii)
Accessory Dwelling, Detached
iii)
Bed and Breakfast
iv)
Home Occupation
v)
Kennel
vi)
Agri-tourism Accommodation as defined by the Agricultural Land
Reserve Use Regulations
6.5.3 Subdivision Regulations
Minimum Parcel Area
4.0 ha
Minimum Parcel Frontage
10% of the perimeter of the Parcel
6.5.4 Density
(a)
The maximum number of dwelling units per Parcel shall be in accordance
with one of the following configurations:
(i) One Single Detached Dwelling and one Attached or Detached
Accessory Dwelling;
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 58
6.5.5 Parcel Coverage
(a) Maximum 35%; or,
(b) Maximum 75% for greenhouses.
6.5.6 Setbacks
(a) Minimum setbacks for Agricultural Uses are as outlined below.
Parcels Larger than 1.0 hectares
Front Parcel Line
7.5 m
Rear Parcel Line
7.5 m
Interior Parcel Line
4.5 m
Exterior Parcel Line
4.5 m
Parcels 1.0 hectares or less
Front Parcel Line
4.5 m
Rear Parcel Line
3.0 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
3.0 m
6.5.7 Height
(a) Maximum building heights are as follows:
Principal Uses and Kennels
10 m
Detached Accessory Dwellings
7.3 m
All other accessory buildings and structures
8.0 m
6.5.8
Conditions of Use
a) Notwithstanding any other provisions of this bylaw, all lands within the
Agricultural Land Reserve except those exempted under Section 23 of the
Agricultural Land Commission Act or a general Order of the Commission, are
subject to the provisions of the Agricultural Land Commission Act,
Regulations thereto, and Orders of the Commission.
b) See Section 33 of the Agricultural Land Reserve Use Regulation concerning
Agri-tourism Accommodation and provision of Short-Term Rental in relation to
an Agri-tourism use.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 59
RU-1
6.6 RU-1 RURAL RESIDENTIAL
6.6.1 Intent
To accommodate rural residential and small-scale agricultural uses on rural
Parcels.
6.6.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the RU-1 zone:
i)
Agriculture
ii)
Kennel
iii)
Single Detached Dwelling
iv)
Veterinary Clinic
(b)
Accessory Uses
The following uses and no others are permitted as accessory to Principal
Uses in the RU-1 zone:
i)
Accessory Dwelling, Attached
ii)
Accessory Dwelling, Detached
iii)
Bed and Breakfast
iv)
Home Occupation
v)
Short-Term Rental
vi)
Tourist Accommodation
6.6.3 Subdivision Regulations
Minimum Parcel Area
0.4 ha
Minimum Parcel Frontage
20 m
6.6.4 Density
(a)
Maximum one Single Detached Dwelling or one Manufactured Home per
Parcel.
(b)
Maximum one attached or detached Accessory Dwelling per Parcel.
6.6.5 Parcel Coverage
(a) Maximum 35%.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 60
6.6.6 Setbacks
(a)
Minimum setbacks for Single Detached Dwellings, Manufactured Homes,
and Veterinary Clinics are as follows:
Front Parcel Line
7.5 m
Rear Parcel Line
7.5 m
Interior Parcel Line
4.5 m
Exterior Parcel Line
4.5 m
(b)
Minimum setbacks for Kennels and other structures for the Keeping of
Animals abutting Residential Zones are as follows:
Front Parcel Line
12.0 m
Rear Parcel Line
30.0 m
Interior Parcel Line
30.0 m
Exterior Parcel Line
12.0 m
(c)
Minimum setbacks for uses accessory to Principal Buildings on Parcels with
the RU-1 zone are as follows:
Front Parcel Line
7.5 m
Rear Parcel Line
7.5 m
Interior Parcel Line
4.5 m
Exterior Parcel Line
4.5 m
6.6.7 Building Height
a)
Maximum building heights are as follows:
Principal Buildings
10.0 m
Detached Accessory Dwellings and
Tourist Accommodations
7.3 m
All other accessory buildings and
structures
7.3 m
6.6.8 Condition of Use
a)
A maximum of one (1) short-term rental is permitted to operate on a parcel,
and only if the parcel contains another dwelling unit that is occupied long-
term.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 61
6.6.9 Site Specific Regulations
(a) The maximum building height of an Accessory Building be increased to 8.39 m,
to allow for a Detached Accessory Dwelling on top of a garage, only on parcel
Lot B, Plan EPP98304 District Lot 397, Kootenay District, PID 030-971-900 (397
Lot B, Marshall Road, Nakusp, BC).
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 62
C-1
6.7 C-1 CORE COMMERCIAL
6.7.1 Intent
To allow for commercial and mixed-use commercial with residential development
in the Village's Downtown Core.
6.7.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the C-1 zone:
i)
Cannabis Retail Sales Facility
ii)
Civic use
iii)
Clubs or Lodge
iv)
Eating establishment
v)
Educational facility
vi)
Entertainment facility
vii)
Financial institution
viii) Funeral home
ix)
Hotel
x)
Medical Clinic
xi)
Office
xii)
Personal Service Establishment
xiii) Retail Sales
xiv) Pub
(b)
Accessory Uses
The following uses and no others are permitted as accessory to Principal
Uses in the C-1 zone:
i)
Dwelling Unit
ii)
Short-Term Rental pursuant to section 6.7.7
6.7.3 Subdivision Regulations
Minimum Parcel Area
230 m2
Minimum Parcel Frontage
7.5 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 63
6.7.4 Parcel Coverage
(a) Maximum 100%.
6.7.5 Setbacks
(a) Minimum setbacks for all buildings and structures shall be as follows:
Front Parcel Line
0 m
Rear Parcel Line
0 m
Interior Parcel Line
0 m
Exterior Parcel Line
0 m
6.7.6 Heights
(a) Maximum height of all buildings and structures shall be as follows:
Hotel
12.0 m
All Other Principal Buildings
10.0 m
Accessory buildings and structures
7.3 m
6.7.7
Conditions of Use
a)
A Short-Term Rental shall be permitted to operate in any Dwelling Unit for a
maximum of 90 days per calendar year, provided the Dwelling Unit is
otherwise occupied long-term.
b)
A Short Term Rental is permitted to operate within an Attached Accessory
Dwelling when the primary use of the parcel is a commercial business or is
a
Single
Detached
Dwelling
that
is
occupied
long-term.
c)
For clarity, only one (1) Short-Term Rental is permitted to operate on any
parcel when allowed under subsection 6.7.7 of this bylaw.
d)
Outdoor storage areas are prohibited on Parcels in the C-1 zone unless
allowed for in site specific regulations.
e) Dwelling unit(s) shall:
(i)
Be permitted in the same building as a Principal Use;
(ii) Be located above, to the rear of, or below the Principal Use, provided
that the Principal Use is situated at-grade;
(iii) Have a separate access; and
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 64
(iv) Per unit, occupy a maximum of 50% of the gross floor area of the
Principal Use at street level.
f)
Any Parcel that has been developed as a Single Detached Dwelling prior to
adoption of this Bylaw is hereby considered a conforming use, unless
purposefully demolished for any other reason than to allow for the rebuilding
of the dwelling after an event including a fire, earthquake, damage due to
extreme weather, or flood.
6.7.8 Site Specific Regulations
(a)
Cannabis Retail Sales Facility shall only be permitted on Parcel A
(Explanatory Plan 14150I) of Lot 21 DL 397 Kootenay District Plan 494 (PID
012-210-650).
(b)
an Educational Facility shall only be permitted on Lot B, Plan 9379) (311-
Broadway St.)
(c)
a Service Station shall only be permitted on:
-
Lot 8 Block 8 Plan NEP494 District Lot 397 Kootenay Land District
& Lot 9 Block 8 Plan NEP494 District Lot 397 Kootenay Land
District & Lot 10 Block 8 Plan NEP494 Kootenay Land District (301
Broadway St W)
-
Lot 11, Block 47, Plan NEP494, District Lot 397, Kootenay Land
District
-
Lot 12, Block 47, Plan NEP494, District Lot 397, Kootenay Land
District
-
Lot 13 Block 47 NEP494 District Lot 397 Kootenay Land District
-
Lot 14 Block 47 Plan NEP494 District Lot 397 Kootenay Land
District
-
Lot 15 Block 47 Plan NEP494 District Lot 397 Kootenay Land
District
-
Lot 16 Block 47 Plan NEP 494 District Lot 397 Kootenay Land
District (92 Nelson Ave N)
(d)
a Lumber Yard shall only be permitted on:
-
Parcel B, Block 8, Plan NEP494, District Lot 397, Kootenay Land
District, (See H1658)
-
Parcel 1, Lot 14, Block 8 Plan NEP494, District Lot 397, Kootenay
Land District, (See 141508l)
-
Lot 14, Block 8, Plan NEP494, District Lot 397, Kootenay Land
District, (See 141508i)
-
Lot 15, Block 8, Plan NEP494, District Lot 397, Kootenay Land
District
-
Lot 16, Block 8, Plan NEP494, District Lot 397, Kootenay Land
District Plan NEP86792, District Lot 397, Kootenay Land District,
That Pt Shown As Closed Rd.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 65
-
Lot 17, Block 8, Plan NEP494, District Lot 397, Kootenay Land
District
-
Lot 18, Block 8, Plan NEP494, District Lot 397, Kootenay Land
District Lot 19, Block 8, Plan NEP494, District Lot 397, Kootenay
Land District
-
Lot 20, Block 8, Plan NEP494, District Lot 397, Kootenay Land
District.
-
(90 3rd Ave NW, 98 3rd Ave NW, and 117 4th Ave NW)
(e)
a Service Station shall be only permitted on:
-
Lot 17, Block 10, Plan NEP494, District Lot 397, Kootenay Land
District
-
Lot 18, Block 10, Plan NEP494, District Lot 397, Kootenay Land
District
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 66
C-2
6.8 C-2 SERVICE COMMERCIAL
6.8.1 Intent
To accommodate service commercial uses along Provincial Highway routes that
complement the Village Core Commercial Areas.
6.8.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the C-2 zone:
i)
Eating Establishment
ii)
Financial Institution
iii)
Funeral Home
iv)
Gasoline Service Station
v)
Hotel
vi)
Medical Clinic
vii)
Office
viii) Personal Service Establishment
ix)
Retail Sales
x)
Single Detached Dwelling
(b)
Accessory Uses
The following uses and no others are permitted as accessory to Principal
Uses in the C-2 zone:
i)
Accessory Dwelling, Attached
ii)
Accessory Dwelling, Detached
iii)
Dwelling Unit
iv)
Home Occupation
v)
Short-Term Rental
6.8.3 Subdivision Regulations
Minimum Parcel Area
345 m2
Minimum Parcel Frontage
10.0 m
6.8.4 Parcel Coverage
(a) Maximum 60%
(b) Maximum 50% for Single Detached Dwelling
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 67
6.8.5 Setbacks
(a) Minimum setbacks for all buildings and structures shall be as follows:
Front Parcel Line
7.5 m
Rear Parcel Line
3.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
3.0 m
Side and Rear Parcel Lines abutting Residential
Zones
6.0 m
(b) Minimum setbacks for Single Detached Dwelling is as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.5 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
(c) Minimum setbacks for Accessory Buildings are as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.0 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
4.5 m
6.8.6 Height
(a) Maximum height of all buildings and structures shall be as follows:
Hotel
12.0 m
All Other Principal Buildings
10.0 m
Accessory buildings and structures
7.3 m
6.8.7 Conditions of Use
(a) Short-Term Rentals shall only be permitted on a property where a Single
Detached Dwelling is the principal use, and only operate within an Attached
or Detached Accessory Dwelling unit.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 68
(b) Attached and Detached Accessory Dwellings shall be permitted on any
property where the Principal Use is an Eating Establishment, Medical Clinic,
Office, Personal Service Establishment, Pub, Retail Sales, or a Single
Detached Dwelling pursuant to the conditions listed in subsubsection (c).
(c) Dwelling unit(s) shall:
(i) Be permitted in the same building containing a separate Principal Use;
(ii) Be located above, to the rear of, or below the Principal Use, provided
that the Principal Use is situated at-grade;
(iii) Have a separate access;
(iv) Per unit, occupy a maximum of 50% of the gross floor area of the
Principal Use at street level; and
(v) Have a minimum floor area of 55 m2.
(vi) Not be permitted to be combined with a Hotel unless used as Staff
Housing or a Caretaker's Unit.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 69
C-3
6.9 C-3 TOURIST COMMERCIAL (NAKUSP HOT SPRINGS)
6.9.1 Intent
To accommodate tourist commercial uses at the Nakusp Hot Springs facility.
6.9.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the C-3 zone:
i)
Campground
ii)
Entertainment Facility
iii)
Golf course
iv)
Health Spa Facility
v)
Hotel
vi)
Lounge
vii)
Tourist Accommodation
(b)
Accessory Uses
The following uses and no others are permitted as accessory to Principal
Uses in the C-3 zone:
i)
Caretaker Dwelling
ii)
Office
iii)
Eating Establishment
iv)
Retail Sales
6.9.3 Subdivision Regulations
Minimum Parcel Area
4,000 m2
6.9.4 Density
(a) Maximum density shall be as follows:
Hotel, Tourist Accommodation
1 sleeping unit per 55 m2 of Parcel area
Campground
1 sleeping unit per 92 m2 of Parcel area
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 70
6.9.5 Parcel Coverage
(a) Maximum 35%.
6.9.6 Setbacks
(a)
The minimum setback for all buildings and structures is as follows:
All Parcel Lines
7.5 m
6.9.7 Height
(a) Maximum height of all buildings and structures shall be as follows:
Hotel
12.0 m
All Other Principal Buildings
10.0 m
Accessory buildings and structures
7.3 m
6.9.8 Conditions of Use
(a)
Outdoor storage areas are prohibited in the C-3 zone unless for Public Utility
Use.
(b)
A Caretaker Dwelling shall only be permitted as an accessory use to a Hotel,
Health Spa Facility, or Campground.
(c)
An Office shall only be permitted as an accessory use to a Hotel, Health Spa
Facility, or Campground.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 71
6.10.1 Intent
To provide highway commercial uses within Gateway areas of the community.
6.10.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the C-4 zone:
i)
Automotive Service and Equipment Repair
ii)
Cannabis Retail Sales Facility
iii)
Campgrounds
iv)
Commercial Storage
v)
Eating Establishment
vi)
Hotel
vii)
Gasoline Service Stations
viii)
Laundromat
ix)
Motorized Vehicle Sales
x)
Retail Sales
xi)
Retail Sales of Agricultural Products and Equipment
xii)
Retail Sales of Building Supplies
xiii)
Staff Housing
xiv)
Tourist Accommodations
(b)
Accessory Uses
The following uses and no others are permitted as accessory to Principal
Uses in the C-4 zone:
i)
Dwelling Unit
6.10.3 Subdivision Regulations
Minimum Parcel Area
1,500 m2
Minimum Parcel Frontage
20 m
6.10.4 Density
(a)
A maximum of 1 sleeping unit per 92 m2 of Parcel area is permitted for
Campground uses.
6.10 C-4 HIGHWAY COMMERCIAL
C-4
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 72
6.10.5 Parcel Coverage
(a) Maximum 60%
6.10.6 Setbacks
(a) Minimum setbacks for all buildings and structures are as follows:
All Parcel Lines
5.0 m
6.10.7 Height
(a) Maximum height of all buildings and structures shall be as follows:
Hotel
12.0 m
All Other Principal Buildings
10.0 m
Accessory buildings and structures
7.3 m
6.10.8 Conditions of Use
(a)
A Recycling Depot shall only be permitted on Lot 1 Plan 61024 (1200
Highway 23 North).
(b)
The maximum floor area for any Tourist Accommodation sleeping units shall
be 100 m2
(c)
Dwelling unit(s) shall:
(i)
Be permitted in the same building as a Principal Use;
(ii) Be located above, to the rear of, or below the Principal Use, provided
that the Principal Use is situated at-grade;
(iii) Have a separate access;
(iv) Per unit, occupy a maximum of 50% of the gross floor area of the
Principal Use at street level; and
(v) Have a minimum floor area of 55 m2.
(vi) Are not permitted to be combined with a Hotel unless as Staff Housing.
(d)
Any Parcel that has been developed as a Single Detached Dwelling prior to
adoption of this Bylaw is hereby considered a conforming use, unless
purposefully demolished for any other reason than to allow for the rebuilding
of the dwelling after an event including a fire, earthquake, damage due to
extreme weather, or flood.
(e)
Outdoor storage areas must:
(i) be screened in accordance with Section 3 by landscaping or solid
fence.
(ii) not exceed 2.1 m in height; and
(iii) be located in the rear yard.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 73
6.10.9 Site Specific Regulations
(a) Single Detached Dwelling be permitted as a Primary Use on Lot 1, District Lot
398, Kootenay District, Plan 8435; PID: 010-917-756 (553 Hwy 6, Nakusp,
BC).
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 74
6.11.1 Intent
To accommodate and regulate the development of a mixture of uses to create
housing and support economic development.
6.11.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the C5 Neighbourhood
Mixed Use Residential Zone:
i)
Apartment
ii)
Duplex
iii)
Eating Establishment
iv)
Medical Clinic
v)
Multiple-Unit Residential
vi)
Office
vii)
Personal Service Establishment
viii) Pub
ix)
Retail Sales
x)
Duplex
xi)
Single Detached Dwelling
xii)
Outdoor Storage pursuant to 6.11.9(c)
(b)
Accessory Uses
The following uses and no others are permitted in the C5 Neighbourhood
Mixed Use Residential Zone:
i)
Accessory Dwelling, Detached
ii)
Accessory Dwelling, Attached
iii) Bed and Breakfast
iv) Home Occupation
v)
Short-Term Rental
6.11.3 Exceptions: Uses
(a)
Uses which are noxious or otherwise undesirable because of smoke, noise,
vibration, dirt or odour are not permitted.
(b) Uses which are an offensive trade within the meaning of the Health Act of
British Columbia shall not be permitted.
6.11 C-5 NEIGHBOURHOOD MIXED USE
C-5
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 75
6.11.4 Subdivision Regulations
(a)
Subject to the provisions of this Bylaw, no Parcel shall be created in the C-5
zone which is less than:
Minimum Parcel Area for Single Detached
Dwelling
554 m2
Minimum Parcel Area for Two Unit and Semi-
Detached Dwelling
700 m2
Minimum Parcel Area for Townhouse
801 m2
Minimum Parcel Area for Apartment
1,000 m2
Minimum Parcel Frontage for Single Detached
dwelling
15 m
Minimum Parcel Frontage for Two-Unit
15 m
Minimum Parcel Frontage for Townhouse
15 m
Minimum Parcel Frontage for Apartment
15 m
Minimum Parcel Frontage for All other uses
10 m
6.11.5
Density
(a)
Maximum one principal building per Parcel.
(b)
The maximum number of dwelling units per Parcel shall be in accordance
with one of the following configurations:
i)
One Single Detached Dwelling and one attached or detached
Accessory Dwelling;
ii)
One Duplex and one attached Accessory Dwelling per principal
dwelling unit;
iii)
One Multiple-Unit Residential development and one Attached
Accessory Dwelling per each Primary Dwelling Unit of a Multiple-
Unit Residential development; or
iv)
One Apartment Building development.
6.11.6 Setbacks
(a)
Minimum setbacks for Single Detached Dwellings are as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.5 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
4.5 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 76
(b) Minimum setbacks for Duplex is as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.5 m
Interior Parcel Line
1.5 m
Interior Parcel Line where a common wall of a
Duplex is the parcel line.
0 m
Exterior Parcel Line
4.5 m
(c) Minimum setbacks for Townhouse and Multiple-Unit Residential are as follows:
Front Parcel Line
1.5 m
Rear Parcel Line
4.5 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
(d) Minimum setbacks for Apartments are as follows:
Front Parcel Line
1.5 m
Rear Parcel Line
6.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
(e) Minimum setbacks for Accessory buildings are as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.0 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
4.5 m
(f) Minimum setback for Commercial Uses:
Front Parcel Line
7.5 m
Rear Parcel Line
3.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
Exterior Parcel lines Abutting Residential (R)
Zones
6.0 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 77
6.11.7 Maximum Height
(a) Maximum building heights are as follows:
Apartment, Multiple-Unit Residential
12.0 m
All Other Principal Buildings
10.0 m
Accessory Dwellings
7.3 m
All other accessory buildings and structures
7.3 m
6.11.8 Parcel Coverage
(a) For Single Detached Dwellings, maximum 50%.
(b) For Single Detached Dwellings, including a detached Accessory Dwelling,
maximum 60%.
(c) For all other permitted uses excluding Single Detached Dwellings, maximum
60%.
6.11.9 Conditions of Use
(a)
The following uses shall not be located on a parcel with frontage onto
Provincial Highway 23:
i)
Medical Clinic
ii)
Office
iii)
Personal Service Establishment
iv)
Pub
v)
Retail Sales
(b) Only one (1) Short-term rental unit shall only be permitted on a parcel of land
where:
i)
the Primary Use is a Single Detached Dwelling but the Short-Term
Rental is located in an Attached or Detached Accessory Dwelling;
or,
ii)
the Primary Use is a Duplex or a Multiple-Unit Residential
development.
(c) Dwelling unit(s) shall:
i)
Be permitted in the same building as a Principal Use that contains
an Eating Establishment, Office, Retail Sales, Medical Clinic, or
Personal Service Establishment;
ii)
Be located above, to the rear of, or below the Principal Use,
provided that the Principal Use is situated at-grade;
iii)
Have a separate access; and
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 78
iv)
Per unit, occupy a maximum of 50% of the gross floor area of the
Principal Use at street level.
(c)
A storage parcel for the collective use of neighbourhood residents is
permitted in this zone.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 79
LD-1
6.12 LD-1 LAKESHORE DEVELOPMENT
6.12.1 Intent
To accommodate higher density residential and complementary commercial
development along the waterfront.
6.12.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the LD-1 zone:
i)
Single Detached Dwelling
ii)
Eating Establishment
iii)
Hotel
iv)
Multiple-Unit Residential
v)
Apartment
vi)
Pub
vii)
Retail Sales
viii) Duplexes
(b)
Accessory Uses
The following uses and no others are permitted as accessory to the
Principal Uses of the LD-1 zone:
i)
Dwelling Unit pursuant to Section 6.12.8
ii)
Short-Term Rental pursuant to Section 6.12.8
iii)
Accessory Dwelling Unit, Attached
iv)
Accessory Dwelling Unit, Detached
6.12.3 Subdivision Regulations
Minimum Parcel Area for Multiple-Unit
Residential
669 m2
Minimum Parcel Area for all other uses
900 m2
Minimum Parcel Frontage
20 m
6.12.4 Density
(a)
Maximum 60 dwelling units per hectare for Multiple-Unit Residential
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 80
6.12.5 Parcel Coverage
(a)
Maximum 60% for Multiple-Unit Residential and Hotel, Apartment, and a
Single Detached Dwelling with a Detached Accessory Dwelling.
(b)
Maximum 50% for all other uses.
6.12.6 Setbacks
(a) Minimum setbacks for Single Detached Dwelling and Duplex is as follows:
Front Parcel Line
4.5 m
Rear Parcel Line
1.5 m
Interior Parcel Line
1.5 m
Exterior Parcel Line
4.5 m
(b)
Minimum setbacks for a Multi-Unit Residential, Hotel, or Apartment is as
follows:
Front Parcel Line
1.5 m
Rear Parcel Line
3.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
(c)
Minimum setbacks for Eating Establishment, Pub, and Retail Stores is as
follows:
Front Parcel Line
1.5 m
Rear Parcel Lines
4.5 m
Interior Parcel Lines
1.5 m
Exterior Parcel Lines
1.5 m
(d) Minimum setback for any Building other than a Building containing an
allowable Primary Use is as follows:
Front Parcel Line
4.5 m
Rear Parcel Lines
1.0 m
Interior Parcel Lines
1.5 m
Exterior Parcel Lines
1.5 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 81
6.12.7 Height
(a) Maximum height of all buildings and structures shall be as follows:
Hotel, Multiple-Unit Residential
12.0 m
Principal Building
10.0 m
Accessory buildings and structures
7.3 m
6.12.8 Conditions of Use
(a) Dwelling unit(s) shall:
i)
Be permitted as an accessory use to an Eating Establishment, Pub,
Office, or Retail Sales in the same building as a Principal Use;
ii)
Be located above, to the rear of, or below the Principal Use, provided
that the Principal Use is situated at-grade;
iii) Have a separate access;
iv) Per unit, occupy a maximum of 50% of the gross floor area of the
Principal Use at street level; and
v) Have a minimum floor area of 55 m2.
(b) Only one (1) Short-Term Rental unit shall be permitted on a Parcel where:
i) the Primary Use is a Single Detached Dwelling but the Short-Term
Rental is located in an Attached or Detached Accessory Dwelling; or,
ii) the Primary Use is a Duplex or a Multiple-Unit Residential
development.
(c) A Short-Term Rental shall only be permitted to operate in any Single
Detached Dwelling for a maximum of 90 days per calendar year, provided the
Single Detached Dwelling Unit is otherwise occupied long-term.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 82
6.13.1 Intent
To accommodate a mix of light industrial uses.
6.13.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the M-1 zone:
i)
Airport
ii)
Automotive Service and Equipment Repair
iii)
Automobile Service and Equipment Shop
iv)
Eating establishment
v)
Gasoline Service Station
vi)
Kennel
vii)
Light Manufacturing, Processing and Assembly of goods or
materials
viii)
Motorized Vehicle Sales
ix)
Petroleum Distribution Installation
x)
Recycling Depot
xi)
Retail sales of building supplies, chemicals, garden supplies,
Industrial and Agricultural Equipment, mobile and manufactured
homes; tools and small equipment; and other products
manufactured or processed on site
xii)
Transportation Depot
xiii)
Veterinary Clinic
xiv)
Warehouse
(b)
Accessory Uses
The following uses and no others are permitted as accessory to Principal
Uses in the M-1 zone:
i)
Outdoor Storage
ii)
Caretaker Dwelling
6.13.3 Subdivision Regulations
Minimum Parcel Area
900 m2
Minimum Parcel Frontage
20 m
6.13.4 Parcel Coverage
(a) Maximum 60%.
6.13
M-1 LIGHT INDUSTRIAL
M-1
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 83
6.13.5 Setbacks
(a) Minimum setbacks for all buildings and structures are as follows:
Front Parcel Line
7.5 m
Rear Parcel Line
3.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
3.0 m
Rear and Side Parcel Lines abutting
Residential Zones
7.5 m
6.13.6 Height
(a) Maximum height of all buildings and structures shall be as follows:
Principal Building
10 m
Accessory buildings and structures
7.3 m
6.13.7 Conditions of Use
a) Outdoor storage must:
i) be screened in accordance with Section 3 by landscaping or
solid fence.
ii) not exceed 2.1 m in height; and
iii) be located in the rear yard.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 84
M-2
6.14 M-2 HEAVY INDUSTRIAL
6.14.1 Intent
To accommodate a range of general industrial uses.
6.14.2 Permitted Uses
(a)
Principal Uses
The following uses and no others are permitted in the M-2 zone:
i)
Aggregate Extraction
ii)
Airport
iii)
Automotive Service and Equipment Repair
iv)
Automobile Service and Equipment Shop
v)
Cannabis Processing Facility
vi)
Eating Establishment
vii)
Gasoline Service Station
viii)
Kennel
ix)
Manufacturing, Processing and Assembly goods or materials
x)
Motor Vehicle Sales
xi)
Petroleum Distribution Installation
xii)
Retail sales of building supplies, chemicals, garden supplies,
Industrial and Agricultural Equipment, mobile and manufactured
homes; tools and small equipment; and other products
manufactured or processed on site
xiii)
Recycling Depot
xiv)
Single Detached Dwelling
xv)
Transportation Depot
xvi)
Veterinary Clinic
xvii)
Warehouse
xviii)
Wrecking yard
(b)
Accessory Uses
The following uses and no others are permitted as accessory to Principal
Uses in the M-2 zone:
i)
Caretaker Dwelling
ii)
Outdoor Storage
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 85
6.14.3 Subdivision Regulations
Minimum Parcel Area
6,000 m2
Minimum Parcel Frontage
10% of the total perimeter of the parcel
6.14.4 Parcel Coverage
(a) Maximum 80%.
6.14.5 Setbacks
(a) Minimum setbacks for all buildings and structures are as follows:
Front Parcel Line
7.5 m
Front Parcel Line separated by road from Residential zones
9.0 m
Rear Parcel Line
3.0 m
Rear Parcel Line abutting Residential zones
9.0 m
Interior Side Parcel Line
3.0 m
Interior Side Parcel Line abutting Residential Zones
6.0 m
Exterior Side Parcel Line
6.0 m
Exterior Side Parcel Lines abutting Residential Zones
9.0 m
6.14.6 Height
(a) Maximum height of all buildings and structures shall be as follows:
Principal Building
10.0 m
Accessory buildings and structures
7.3 m
6.14.7 Conditions of Use
(a)
A Single Detached Dwelling is permitted on lot 22, Plan 980, DL 397 only.
(b)
All outdoor storage areas accessory to a Wrecking Yard shall:
(i) be enclosed by a fence which provides a complete visual screen of not
less than 2.1 m in height; and
(ii) ensure materials are not piled higher than the height of such fence.
(c)
One caretaker dwelling is permitted per parcel.
(d)
Caretaker dwelling shall have a minimum floor area of 50 m2.
6.14.8 Site Specific Regulations
(a)
the Minimum Parcel Area for Lot 4 of Block D, DL 397, PID# 025-142-348
(1500 Hot Springs Rd) is 0.4 ha.
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 86
6.15 P PARK
P
6.15.1 Intent
To accommodate parks, open spaces, and recreational uses.
6.15.2 Permitted Uses
(b)
Principal Uses
The following uses and no others are permitted in the P zone:
i) Public Boat Launch
ii) Municipal Campground
iii) Civic use
iv) Community Recreation Facility
v) Public Marina
vi) Public Park
vii) Public Beach
viii) Public Trail
6.15.3 Parcel Coverage
(a)
Maximum 40% for a Community Recreation Facility
(b)
Maximum 10% for all other buildings and structures.
6.15.4 Height
(a) Maximum 10 m.
6.16.5 Setbacks
(a) Minimum setbacks for Community Recreation Facility uses are as follows:
Front Parcel Line
7.5 m
Rear Parcel Line
6.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 87
(b) Minimum setbacks for all other buildings and structures are as follows:
Front Parcel Line
7.5 m
Rear Parcel Line
3.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
2.0 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 88
I
6.16 I INSTITUTIONAL
6.16.1 Intent
To accommodate general institutional uses such as churches, community
facilities, and schools.
6.16.2 Permitted Uses
(b)
Principal Uses
The following uses and no others are permitted in the I zone:
i)
Assisted Living Residence
ii)
Cemetery
iii)
Civic uses
iv)
Community Care Facility
v)
Community Recreation Facility
vi)
Educational Facility
vii)
Hospital
viii)
Religious Assembly
(c)
Accessory Uses
The following uses and no others are permitted as accessory to the
Principal Uses permitted in the I zone:
i)
Caretaker Dwelling
ii)
Retail Sales
6.16.3 Subdivision Regulations
6.16.4 Parcel Coverage
(a)
Maximum 50%.
Minimum Parcel Area
600 m2
Minimum Parcel Frontage
6.0 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 89
6.16.5 Setbacks
(a) Minimum setbacks for all buildings and structures are as follows:
(b) Minimum setbacks for Assisted Living Residence and Community Care
Facilities is as follows:
6.16.6 Height
(a) Maximum height of all buildings and structures shall be as follows:
Principal Building
10.0 m
Accessory buildings and structures
7.3 m
6.16.7 Conditions of Use
(a)
Retail sales shall be limited to 10% of the gross floor area of the principal
building or use.
Front Parcel Line
7.5 m
Rear Parcel Line
3.0 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
3.0 m
Front Parcel Line
1.5 m
Rear Parcel Line
4.5 m
Interior Parcel Line
3.0 m
Exterior Parcel Line
4.5 m
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 90
7.0
ADOPTION
READ A FIRST TIME this 12th day of June, 2023.
READ A SECOND TIME this 12th day of June, 2023.
PUBLIC HEARING was held this 10th day of July, 2023.
READ A THIRD TIME this 10th day of July, 2023.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this
6th day of July, 2023.
Rajeeta Baine, Approval Authority, Ministry of Transportation and Infrastructure.
ADOPTED by the Municipal Council of the Village of Nakusp this 10th day of July, 2023.
________________________________
_________________________________
Mayor
Chief Administrative Officer
Village of Nakusp Zoning Bylaw No. 729, 2023, as amended.
Page | 91
SCHEDULES
SCHEDULE A - Zoning Map
SCHEDULE A
VILLAGE OF NAKUSP
Zoning Bylaw No. 729, 2023
ZONING MAP