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City of Nanaimo
Zoning Bylaw No. 4500
Zoning Bylaw No. 4500
Zoning Bylaw No. 4500
This consolidated version of the Zoning Bylaw is dated 2026-MAR-23. If you have
an older version of the Zoning Bylaw, please access the City of Nanaimo website
or contact Current Planning staff at 250-755-4429, for the most current
consolidated version to ensure your Zoning Bylaw is accurate and legal.
Table of Contents - Page 1
City of Nanaimo Zoning Bylaw
TABLE OF CONTENTS
Part 1 - Title and Application Page
Title
1
Application
1
Severability
1
Interpretation
1
Repeal of Previous Bylaws
1
Part 2 - Administration Page
General Compliance
1
Inspection
1
Violation
1
Penalty
1
Bylaw Amendments
1
Part 3 - Establishment of Zones
Page
Zones
1-3
Zoning Map
3
Zone Boundaries
3
Part 4 - Use Index [deleted]
Page
Part 5 - Definitions
Page
Definitions
1-21
Part 6 - General Regulations
Page
Uses Permitted and Prohibited in All Zones
1
Containers
2
Location and Siting of Buildings and Structures to Watercourses
and the Sea
3
Flood Control Requirements
4
Projections into Yards
5-6
Accessory Uses - Buildings and Structures
7-8
Temporary Uses - Buildings and Structures
9
Height Exemptions
10
Visibility at Intersections
10
Fence Height
11-12
Swimming Pools
12
Vehicle Restrictions
13
Mobile Home Parks
13
Neighbourhood Pub and Lounge Occupancy
13
Secondary Suites
14
Table of Contents - Page 2
City of Nanaimo Zoning Bylaw
Part 6 - General Regulations - Continued
Page
Short-Term Rental
15
Rooming House
15
Seniors Congregate Housing
16
Day Care
16
Home Based Business
17-18
Residential Shelter
18
Subdivision
19
Nanaimo Parkway
19
Part 7 - Residential Zones
Page
Description of Zones
1
Permitted Uses
2-4
Density
4-8
Lot Size and Dimensions
9-10
Siting of Buildings
11-12
Size of Buildings
13-15
Conditions of Use
15
Part 8 - Agriculture Rural Reserve
Page
Description of Zones
1
Permitted Uses
1-2
Density
2
Lot Size and Dimensions
2
Siting of Buildings
3
Size of Buildings
3
Part 9 - Corridor
Page
Description of Zones
1
Permitted Uses
1-6
Density
7
Lot Size and Dimensions
7
Siting of Buildings
8
Location of Parking Area
8
Size of Buildings
9
Interim Corridor Area
9
Part 10 - Commercial
Page
Description of Zones
1
Permitted Uses
1-6
Density
6-7
Lot Size and Dimensions
7
Siting of Buildings
7-8
Size of Buildings
8
Table of Contents - Page 3
City of Nanaimo Zoning Bylaw
Part 11 - Downtown
Page
Description of Zones
1
Permitted Uses
2-7
Density
7-8
Lot Size and Dimensions
9
Siting of Buildings
10-11
Location of Parking Area
11
Size of Buildings
11-12
Part 12 - Parks, Recreation and Culture
Page
Description of Zones
1
Permitted Uses
1
Siting of Buildings
2
Lot Coverage
2
Part 13 - Industrial
Page
Description of Zones
1
Permitted Uses
1-5
Lot Size and Dimensions
5
Siting of Buildings
5-6
Size of Buildings
6
Part 14 - Community Service
Page
Description of Zones
1
Permitted Uses
2-3
Density
3
Lot Size and Dimensions
4
Siting of Buildings
4
Size of Buildings
4
Part 15 - Waterfront
Page
Description of Zones
1
Permitted Uses
1-3
Density
4
Lot Size and Dimensions
4
Siting of Buildings
5
Size of Buildings
5
Part 16 - Comprehensive Development Zones
Page
Comprehensive Development District Zone One (CD1)
1
Permitted Uses
1
Site Development
1
Screening and Landscaping
1
Height and Fences
1
Table of Contents - Page 4
City of Nanaimo Zoning Bylaw
Part 16 - Comprehensive Development Zones - Continued
Page
Plans
1
The Woodgrove Pines Comprehensive Development Plan
2
The Comprehensive Plan ("CD Plan")
2-3
Comprehensive Development District Zone Two (CD2)
4
Permitted Uses
4
Density
4
Yard Requirements
4
Height of Buildings
4
Screening and Landscaping
4
Parking
4
Plans
5
Comprehensive Development District Zone Three (CD3) (deleted)
6
Comprehensive Development District Zone Four (CD4)
6
Permitted Uses
6
Density
6
Yard Requirements
6
Height of Buildings
6
Screening and Landscaping
6
Parking
6
Plans
7
Comprehensive Development District Zone Five (CD5)
8
Permitted Uses
8
Density
8
Lot Size and Dimensions
8
Yard Requirements
8
Location of Parking Areas
8
Size of Buildings
8
Plans
8-9
Comprehensive Development District Zone Six (CD6)
10
Permitted Uses
10
Conditions of Use
10
Density
10
Lot Coverage
10
Yard Requirements
10
Height of Buildings
10
Screening and Landscaping
10
Table of Contents - Page 5
City of Nanaimo Zoning Bylaw
Part 16 - Comprehensive Development Zones - Continued
Page
Parking
10
Plans
11
Development Data
11
Site Plan
12
Comprehensive Development District Zone Seven (CD7)
13
Permitted Uses
13
Density
14
Conditions of Use
14
Lot Area
14
Lot Coverage
14
Yard Requirements
15
Height of Buildings
15
Height of Fences
15
Screening and Landscaping
15
Comprehensive Development District Zone Eight (CD8)
16
Permitted Uses
16
Permitted Size, Siting, Shape and Density
16
Plans
16
Northbrook Centre (Brooks Landing) (CD8) Continued
17-26
Comprehensive Development District Zone Nine (CD9)
27
Permitted Uses
27
Density
27
Lot Area
27
Lot Dimensions
27
Yard Setbacks
27
Lot Coverage
27
Building Height
28
Garage Floor Elevation
28
Plans / Development Data
28-31
Comprehensive Development District Zone Ten (CD10)
32
Permitted Uses
32
Density
32
Lot Area
32
Lot Dimensions
32
Yard Setbacks
32
Building Height
33
Table of Contents - Page 6
City of Nanaimo Zoning Bylaw
Part 16 - Comprehensive Development Zones - Continued
Page
Parking
33
Plans
33
Project Data
34
Site Plan
35
Comprehensive Development District Zone Eleven (CD11)
36-38
Comprehensive Development District Zone Twelve (CD12)
39-42
Comprehensive Development District Zone Thirteen (CD13)
43-47
Part 17 - Landscaping
Page
Required Landscaping
1
Part 18 - Development Permit Area (DPA) Guidelines
Page
DPA1: Environmentally Sensitive Area (ESA) Guidelines -
Watercourse, Terrestrial & Marine Foreshore
1-5
DPA2: Hazardous Slopes Guidelines
6-7
DPA3: Sea Level Rise Guidelines
8-10
DPA4: Abandoned Mine Workings Hazards Guidelines
11-12
DPA5: Wildfire Hazard Guidelines
13-15
DPA6: Steep Slopes Guidelines
16-17
DPA7: Nanaimo Parkway Design Guidelines
18
DPA8: Form and Character Guidelines
19-20
Part 19 - Effective Date of Bylaw
Page
Effective Date of Bylaw
1
Schedules
Table of Amendments - Page 1
City of Nanaimo Zoning Bylaw
Please note: it is your responsibility to keep this Zoning Bylaw updated with
adopted Bylaw amendments. Please access the City of Nanaimo website or
contact Current Planning staff at 250-755-4429, for the most current consolidated
version to ensure your Zoning Bylaw is accurate and legal.
TABLE OF AMENDMENTS
THIS CONSOLIDATED VERSION OF BYLAW NO. 4500
(2026-MAR-23) INCLUDES THE FOLLOWING AMENDMENT BYLAWS:
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
4500.001
16.7
Add new Comprehensive
Development District Zone
Seven (CD7).
2011-
OCT-03
4500.002
8.2.1, 8.2.2, 8.4.1, 10.2.4, 11.2.4,
9.2.3, 15.1, 15.2.1, 15.2.2, 7.4.5, 7.1,
7.2.2, Definitions Section ("Marina"),
16.8, 7.3.1
General housekeeping
amendments, add new
Comprehensive District Zone
Eight (CD8), and the
rezoning of numerous
properties.
2011-
OCT-03
4500.003
16.3
Delete Comprehensive
Development District Zone
Three (CD3).
2011-
OCT-03
4500.005
16.5
Replace Comprehensive
Development District Zone
(CD5).
2011-
NOV-14
4500.012
Definitions Section ("Gross Floor
Area"), 6.23, 6.1.3, 6.5.2, 6.6.6.2,
6.15.2.4, 6.22.7, 7.3.1, 7.6.4, 7.6.1,
7.7
Add new definitions, general
housekeeping amendments,
and the rezoning of
numerous properties.
2012-
APR-16
4500.014
6.6.5.2, 7.1, 7.2.1, 7.2.2, 7.3.1, 7.4.1,
7.5.1, 7.5.6, 7.6.1
Add R1b subzone to
decrease the allowable
height of an accessory
building and no longer allow
a reduced lot size for lots on
lanes or a secondary
dwelling on corner lots within
a portion of the Old City.
2012-
JUN-11
4500.017
6.2
Add "Containers" as a
temporary accessory use in
select zones.
2012-
JUN-11
4500.018
14.2.1, 14.2.2
Add "Vehicle Display" as a
permitted accessory use to a
"Railway" use.
2012-
JUN-25
4500.015
9.2.3
Add "Student Housing" as a
permitted use at 560 Third
2012-
SEP-10
Table of Amendments - Page 2
City of Nanaimo Zoning Bylaw
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
Street within the Corridor
Zones.
4500.024
16.9
Add new Comprehensive
District Zone Nine (CD9) and
the rezoning of part of 3500
Rock City Road.
2012-
OCT-15
4500.031
Definitions Section ("Flat Roof",
"Nightclub" and "Shopping Centre"),
6.5.3, 6.10.2, 6.10.5, 6.15.1, 6.16.2,
6.22.1, 7.1,7.2.2, 7.3.1, 7.5.3, 7.7.2,
8.4.1, 9.2.3, 10.2.1, 13.2.3, 14.2.1
General housekeeping
amendments and the
rezoning of numerous
properties.
2012-
DEC-03
4500.033
Definitions Section ("Manufacturing /
Contractors Office" and
"Warehouse"), 9.2.3.1, Part 13
Chamber of Commerce
amendments, general
housekeeping amendments
and the rezoning of two
properties.
2012-
DEC-03
4500.035
16.10
Add new Comprehensive
District Zone Ten (CD10)
and the rezoning of 433
Milton Street.
2013-
APR-22
4500.036
Definitions Section ("Mixed Use" and
"Pet Daycare"), 6.6.3, 7.2.1, 7.2.2,
7.2.4, 7.3.1, 9.2.1, 9.3.1, 10.3.1,
13.2.1, 14.2.1, 17.11
General housekeeping
amendments and the
rezoning of numerous
properties.
2013-
APR-22
4500.039
Definitions Section ("Medical
Marihuana Growing and Production"
and "Agriculture"), 13.2.1
Add "Medical Marihuana
Growing and Production" as
a permitted use in the
Industrial (I4) zone.
2013-JUL-
08
4500.041
11.2.1, 11.3.1, 11.7.1
Amendments to the Old City
Infill Service Commercial
(DT11) zone including
permitted uses, density and
size of buildings.
2013-
AUG-12
4500.038
9.2.3
Add "Fast Food Restaurant"
as a site specific use at 1835
Bowen Road.
2013-
NOV-18
4500.051
13.2.1
Add "Fueling Installation" as
a permitted use within the
Highway Industrial (I1) zone.
2013-
DEC-16
4500.053
Definitions Section (Delete definition
of "Residential Hotel", add definitions
for "Recreational Facility" and "Lot
Line, Rear"), 7.2.1, 9.2.1, 10.2.1,
General housekeeping
amendments and the
rezoning of numerous
properties.
2013-
DEC-16
Table of Amendments - Page 3
City of Nanaimo Zoning Bylaw
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
10.2.3, 13.2.1, 13.2.2, 13.2.3, Fine
Schedule
4500.059
13.2.1, 13.2.3
Remove "Medical Marihuana
Growing and Production" as
a permitted use in the
Industrial (I4) zone and add
"Medical Marihuana Growing
and Production" as a site
specific use at 1100
Maughan Road.
2014-
MAR-04
4500.064
10.2.4
Add "Liquor Store" as a site
specific use at 2875
Departure Bay Road.
2014-JUL-
14
4500.067
Definitions Section (adding definition
of "Recycling Drop Off Centre"),
13.2.1
Add "Recycling Drop Off
Centre" to definitions and
add as a permitted use
within the Highway Industrial
(I1) zone, remove "Refund
Container Recycling Depot"
as a permitted use within the
Highway Industrial (I1) zone.
2014-
SEP-08
4500.068
15.2.1
Add "Ferry Terminal" as a
permitted use within the
Harbour Waterfront (W2)
zone.
2014-
SEP-08
4500.069
11.3.2, 11.7..2
Delete the site specific
maximum allowable density
for 10 and 20 Front Street.
Add the site specific
maximum allowable density
of 12.0 Floor Area Ratio for
10 & 28 Front Street.
Delete the site specific
maximum allowable height
for 10 and 20 Front Street.
Add the site specific
maximum allowable height of
114.3m for 10 & 28 Front
Street.
2014-
OCT-27
4500.058
10.2.3
Add the provision that a
Retail Grocery Store greater
than 2000m2 is permitted at
867 Bruce Avenue and 538
Eighth Street.
2014-
NOV-24
4500.072
13.2.3
Add "Medical Marihuana
Growing and Production" as
a site specific use at 1110,
2014-
DEC-11
Table of Amendments - Page 4
City of Nanaimo Zoning Bylaw
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
1120 and 1140 Maughan
Road.
4500.073
Definitions Section (Delete and / or
Add definitions of "Highway",
"Transportation Corridor", "Street",
"Buffer Area", "Centre Line", "Corner
Lot", "Frontage", "Lot Line, Front",
"Lot Line, Flanking", "Motor Vehicle",
"Road", "Through Lot", "Storage
Yard", "Height, Building", and
"Agriculture"). Amending
Subsections 6.9.1, 7.5.3, 7.6.3,
15.6.2, 16.2.5.2, 16.6.7.1, 17.1.1,
17.4.2 and 17.11.1 by replacing the
term 'Highway' with 'Street' wherever
it appears. Amending Subsections
6.6.3, 6.6.6, 6.15.3.5, 6.22.7, 7.4.1,
7.5.7, 8.2.2, 10.2.4, 11.2.3, 10.2.1,
10.2.5, 11.2.1, 11.5.4, 13.2.1, 17.1.5,
and the Fine Schedule.
General housekeeping
amendments and the
rezoning of numerous
properties.
2015-
MAR-16
4500.048
Adding Subsection 10.62
Add the site specific
maximum allowable height
for a principal residential
building of 36m for 4900 and
4950 Uplands Drive.
2015-
AUG-17
4500.092
Definitions Section:
Amend Definition of "Gross Floor
Area", "Neighbourhood Pub",
"Perimeter Wall Height". Add
definition of "Brew Pub".
Amending Sections 6.5.1, 6.22.5,
7.2.2, 7.3.1, 10.2.5, 10.3.1, 16.5.2,
16.9.9
Adding Subsections 6.12.5 and
6.12.6 and deleting Subsection
6.20.6
General housekeeping
amendments and the
rezoning of numerous
properties.
2016-
FEB-01
4500.093
Definitions
Add Definition of Wine Store
2016-
FEB-01
4500.095
9.2.1, 9.2.3
Add "Student Housing" as a
Site Specific Use in the
Mixed Use Corridor zone.
Add "Student Housing" as a
permitted use at 525 Third
Street.
2017-
JUN-19
4500.103
Schedule D
Replace Schedule D with
revised version
2017-JUL-
10
Table of Amendments - Page 5
City of Nanaimo Zoning Bylaw
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
4500.102
Amending Subsection 9.2.3
Add "Automobile Sales,
Service and Rental" to a
portion of 2560 Bowen Road
2017-
NOV-06
4500.117
Amending Subsection 9.2.3
Add "Automobile Sales,
Service and Rental" to a
portion of 2560 Bowen Road
2018-JUL-
09
4500.121
Adding Subsections 7.3.7 and 7.6.7
Add the site specific
maximum Floor Area Ratio
of 0.7 for 2202 Meredith
Road.
Add the site specific
maximum allowable building
height of 9.2m for 2202
Meredith Road.
2018-JUL-
09
4500.127
Amending Definitions Section.
Amending Sections 13.2.1 and
13.2.3.
Amend definition of "Retail
Store".
Add definitions of
"Cannabis", "Cannabis
Production and Processing",
"Cannabis Retail Store" and
"Micro Cannabis Production
and Processing".
Remove definition of
"Medical Marihuana Growing
and Production"
Permit Cannabis Production
and Processing in I4 zone
and Micro Cannabis Growing
and Production in I1 and I2
zones.
2018-
OCT-01
4500.126
11.3.2 and 11.7.2
Site specific height and
density amendment for 65
and 77 Chapel Street
2018-
NOV-19
4500.138
10.2.5
Add "Cannabis Retail Store"
as a site specific use at 3923
Victoria Avenue.
2019-
JUN-17
4500.131
9.2.3
Add "Automobile Sales,
Service and Rental" as a
site-specific use at 4900
Island Highway North.
2019-JUL-
22
4500.142
10.2.5
Add "Cannabis Retail Store"
as a site specific use at 6683
Mary Ellen Drive.
2019-
AUG-26
4500.143
10.2.5
Add "Cannabis Retail Store"
as a site specific use at 3200
Island Highway North.
2019-
AUG-26
Table of Amendments - Page 6
City of Nanaimo Zoning Bylaw
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
4500.150
10.2.5
Add "Cannabis Retail Store"
as a site specific use at 6404
Metral Drive.
2019-
AUG-26
4500.152
11.2.4
Add "Cannabis Retail Store"
as a site specific use at 350
Terminal Avenue.
2019-
SEP-09
4500.144
11.2.4
Add "Cannabis Retail Store"
as a site-specific use at 52
Victoria Crescent.
2019-
SEP-16
4500.132
11.2.4
Add "Cannabis Retail Store"
as a site-specific use at 111
Nicol Street.
2019-
OCT-21
4500.154
Schedule D
Amend Schedule D to
provide incentives for Step
Code.
2019-
NOV-04
4500.161
11.2.4
Add "Cannabis Retail Store"
as a site-specific use at 120
Commercial Street.
2019-
DEC-02
4500.158
Preamble, Part 2 - Administration,
Part 3 - Establishment of Zones, Part
4 - Use Index, Part 5 - Definitions,
Part 6 - General Regulations, Part 7
- Residential, Part 8 - Agriculture
Rural Residential, Part 9 - Corridor,
Part 10 - Commercial Centre, Part
11 - Downtown, Part 12 - Parks
Culture and Recreation, Part 13 -
Industrial, and Part 14 - Community
Service
General housekeeping
amendments and the
rezoning of multiple
properties.
2019-
DEC-02
4500.133
10.2.1 and 10.2.5
Add "Cannabis Retail Store"
as a site-specific use at
1599 Dufferin Crescent
2020-
JAN-13
4500.148
10.2.1 and 10.2.5
Add "Office" as a site-
specific use at 751
Haliburton Street.
2020-
FEB-24
4500.163
10.2.1 and 10.2.5
"Add "Cannabis Retail Store"
as a site-specific use at
5800 Turner Road
2020-
MAR-16
4500.134
7.3.8
Add site-specific Floor Area
Ratio for 1534 Extension
Road.
2020-
APR-06
4500.149
Part 5 - Definitions, 6.12.5.1, and
6.20
Amend the definition and
regulations for Home-Based
Businesses
2020-
APR-06
4500.162
10.2.5
Add "Cannabis Retail Store"
as a site-specific use at 847
Bruce Avenue.
2020-
APR-27
4500.173
Part 5 - Definitions
Amend definition of "Office
Medical / Dental" and add
definition for "Supervised
Consumption Site".
2020-
APR-27
Table of Amendments - Page 7
City of Nanaimo Zoning Bylaw
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
4500.135
9.2.1 and 9.2.3
Add "Cannabis Retail Store"
as a site specific use at 2220
Bowen Road
2020-JUL-
20
4500.174
10.2.5
Add "Cannabis Retail Store"
as a site specific use at 5801
Turner Road
2020-JUL-
20
4500.141
11.2.1 and 11.2.4
Add "Cannabis Retail Store"
as a site specific use at 25
Front Street
2020-
AUG-31
4500.178
15.2.1 and 15.2.3
Add "Cannabis Retail Store"
as a site specific use at 1840
Stewart Avenue
2020-
AUG-31
4500.179
2.3, 2.4, and Schedule B - Fine
Schedule
Delete Fine Schedule and
reference Bylaw Notice
Enforcement Bylaw
2020-
NOV-02
4500.139
9.2.3
Add "Cannabis Retail Store"
as a site specific use at 1483
Bowen Road
2020-
NOV-16
4500.140
10.2.5
Add "Cannabis Retail Store"
as a site specific use at 510
Fifth Street
2020-
NOV-16
4500.164
9.2.3
Add "Student Housing" as a
site specific use at 326
Wakesiah Avenue
2020-
NOV-16
4500.171
7.3.9 and 7.6.8
Site specific maximum
allowable FAR and building
height at 405 Rosehill Street
2021-
FEB-01
4500.180
Schedule D
Add affordable housing and
rental housing incentives
2021-
JUN-21
4500.146
11.2.4
Add "Cannabis Retail Store"
as a site specific use at 111
Terminal Avenue
2021-JUL-
26
4500.183
9.2.3
Add "Automobile Sales,
Service and Rental" as a site
specific use at 2355
Kenworth Road
2021-JUL-
26
4500.160
11.2.4
Add "Cannabis Retail Store"
as a site specific use at 115
Chapel Street
2021-
NOV-15
4500.182
Part 5 - Definitions, Part 6 - General
Regulations, Part 7 - Residential,
Part 9 - Corridor, Part 10 -
Commercial Centre, Part 11 -
Downtown, Part 13 - Industrial, Part
14 - Community Service, Part 15 -
Waterfront, and Schedule D -
Amenity Requirements for Additional
Density
General housekeeping
amendments and the
rezoning of multiple
properties.
2021-
DEC-06
4500.186 Part 5 - Definitions; 6.16; 7.2.3; 8.2.2;
9.2.1; 9.2.4; 10.2.4; 11.2.3; 14.2.2;
15.2.2; 16.9.1; and 16.10.1
Add Short-Term Rental
Regulations
2022-
FEB-07
Table of Amendments - Page 8
City of Nanaimo Zoning Bylaw
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
4500.187
9.2.1.1
Add site specific grocery
store and use provisions to
2230 Boxwood Road
2022-
MAY-16
4500.145
11.2.4
Add "Cannabis Retail Store"
as a site specific use at 140
Terminal Road
2022-JUL-
04
4500.199
Part 5 - Definitions; 6.3; 6.10.4;
17.10.2.1; Part 18 - Development
Permit Area (DPA) Guidelines; Part
19 - Effective Date of Bylaw;
Schedule C - Watercourses;
Schedule D - Amenity Requirements
for Additional Density; and Schedule
E - Neighbourhood and Area Plan
Form and Character Design
Guidelines
Amendments for
incorporation of
Development Permit Area
Guidelines and updated
schedules to align with City
Plan, including updated
Schedule C Watercourse
mapping.
2022-JUL-
04
4500.201
10.2.5
Add "Cannabis Retail Store"
as a site specific use at 2980
Island Highway North
2022-
AUG-29
4500.193
7.3.10
Add site-specific density at
456 Milton Road
2022-
OCT-03
4500.194
7.4.8
Add site specific minimum lot
size at 440 Kennedy Street
2022-
OCT-03
4500.169
7.3.11
Add site-specific density at
3500 Rock City Road
2022-
OCT-24
4500.196
7.6.9
Add site-specific height at
6033 and 6035 Nelson Road
2022-
NOV-21
4500.200
Part 5 - Definitions; 13.2.1; and
13.2.3
Add "Data Centre" as a site
specific use at 2086 and
2090 East Wellington Road
2023-
APR-03
4500.202
6.10.2; 6.16.2; 16.11; and 17.11
Add new Comprehensive
Development District Zone
Eleven
2023-
APR-17
4500.188
11.3.2 and 11.7.2
Add site-specific FAR and
height for 55, 65, 66, 69, and
73 Prideaux Street
2023-
MAY-01
4500.155
10.2.5
Add "Cannabis Retail Store"
as a site specific use at 50
Tenth Street
2023-
JUN-05
4500.205
7.3.12 and 7.6.10
Add site-specific FAR and
height for 5645 and 5655
Metral Drive
2023-
OCT-16
4500.209
14.3.1.1 and 14.6.2
Add site-specific FAR and
height for 355 Nicol Street
2023-
NOV-06
4500.210
7.3
Add site-specific FAR for
1224 Manzanita Place
2023-
DEC-18
Table of Amendments - Page 9
City of Nanaimo Zoning Bylaw
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
4500.219 Part 3 - Establishment of Zones, Part
5 - Definitions, Part 6 - General
Regulations, Part 7 - Residential,
Part 8 - Agricultural Rural
Residential, Part 9 - Corridor, Part 10
- Commercial Centre, Part 11 -
Downtown, Part 13 - Industrial, Part
15 - Waterfront, Part 16 -
Comprehensive Development Zones,
Part 17 - Landscaping, and Part 18 -
Development Permit Area (DPA)
Guidelines
General housekeeping
amendments and the
rezoning of multiple
properties.
2024-
MAR-04
4500.215
6.10.2; 6.16.2; 13.2.1; 13.2.3;
13.2.3.1; 13.6.2; 16.13; and 17.11
Add site-specific provisions
for Sandstone development
and new Comprehensive
District Development Zone
Thirteen
2024-
MAY-27
4500.211
7.6.7
Add site-specific building
height for 2453 Labieux
Road
2024-
JUN-17
4500.223
Part 3 - Establishment of Zones; Part
5 - Definitions; Part 6 - General
Regulations; Part 7 - Residential;
Part 9 - Corridor; and Part 18 -
Development Permit Area (DPA)
Guidelines
Amendments to implement
the Increasing Housing
Options and Provincial
Small-Scale Multi-Unit
Housing legislation
2024-
JUN-17
4500.229
9.8
Update to Interim Corridor
Area regulations
2024-JUL-
29
4500.220
10.2.1 and 10.2.5
Add "mini-storage" as a site
specific use at 6450 Island
Highway North
2024-
DEC-02
4500.230
7.3.4
Add site-specific density for
5300 Tanya Drive
2024-
DEC-16
4500.233
Part 5 - Definitions, and 6.16
Revise Short-Term Rental
regulations
2025-
JAN-20
4500.221
9.2.1, 9.3.3, and 9.7.2
Add site-specific use,
density, and height for 535
Nicol Street
2025-
FEB-24
4500.206
7.3.1 and 7.6.1
Add site-specific density and
height for 878 Park Avenue
2025-
MAR-03
4500.225
7.3.4
Add site-specific density for
330 & 338 Ninth Street
2025-
JUN-16
Table of Amendments - Page 10
City of Nanaimo Zoning Bylaw
Bylaw
No.
Amended Section(s)
Amendment Summary
Date of
Adoption
4500.228
7.2.1 and 7.2.4
Add "Personal Care Facility"
as a site specific use at 3425
Uplands Drive
2025-
JUL-21
4500.235
Part 5 - Definitions; 6.10; Part 17 -
Landscaping; 18.8; and Schedule E
Amendments to landscaping
requirements, design
guidelines, and development
permit areas
2025-
JUL-21
4500.241
13.2.1 and 13.2.3
Add "Personal Care Facility"
as a site specific use at 1850
Boxwood Road
2025-
JUL-28
4500.213
Part 5 - Definitions; 6.10.2; and
16.12
Add new Comprehensive
Development District Zone
Twelve
2026-
MAR-23
Zoning Bylaw No. 4500
City of Nanaimo
CITY OF NANAIMO BYLAW NO. 4500
WHEREAS the Local Government Act of the Province of British Columbia authorizes a local
government to enact bylaws, pursuant to the provisions of Sections 464, 469, 479, and 482 -
Zoning Bylaws, which divides the municipality into zones and which sets regulations for each
zone;
WHEREAS persons who deem their interest in property affected by this Bylaw have, before the
passage hereof, been afforded an opportunity to be heard on the matters contained herein before
the Council of the City of Nanaimo, all in accordance with the requirements of the Local
Government Act;
WHEREAS the principal purpose of this Bylaw is to guide the natural growth of the municipality
in a systematic and orderly way for the ultimate benefit of the community as a whole by ensuring
that the various uses made of land and structures in the municipality develop in proper relationship
to one another;
NOW THEREFORE BE IT RESOLVED that the Council of the City of Nanaimo, in open meeting
assembled, HEREBY ENACTS AS FOLLOWS:
1.
This Bylaw may be cited for all purposes as the "CITY OF NANAIMO ZONING BYLAW
2011 NO. 4500" and includes Schedules A-E, which form part of this Bylaw.
2.
"CITY OF NANAIMO ZONING BYLAW 1993 NO. 4000" and all amendments thereto are
hereby repealed.
(4500.158; 2019-DEC-02) (4500.199; 2022-JUL-04)
Part 1 - Page 1
Title and Application
City of Nanaimo Zoning Bylaw
PART 1 - TITLE AND APPLICATION
1.1
TITLE
This Bylaw may be cited for all purposes as the "CITY OF NANAIMO ZONING BYLAW
2011 NO. 4500"
1.2
APPLICATION
This Bylaw shall be applicable to all areas within the boundaries of the City of Nanaimo.
The location of the zones established in this Bylaw is shown on "Schedule A", which is
attached to, and forms part of, this Bylaw.
1.3
SEVERABILITY
If, for any reason, any section, subsection or phrase of this Bylaw is held to be invalid by
the decision of any court of competent jurisdiction, it shall not affect the validity of the
remaining parts of this Bylaw or the validity of this Bylaw as a whole.
1.4
INTERPRETATION
This Bylaw uses tables to summarize information within a number of parts, including
identifying where a use is permitted within a specified zone. Where a use is not listed
within a table, that use is not permitted within any of the zones listed in the same table.
1.5
REPEAL OF PREVIOUS BYLAWS
The "CITY OF NANAIMO ZONING BYLAW 1993 NO.4000" and amendments thereto
are hereby repealed.
Part 2 - Page 1
Administration City of Nanaimo Zoning Bylaw
PART 2 - ADMINISTRATION
2.1
GENERAL COMPLIANCE
2.1.1. No person shall use, occupy or permit any person to use or occupy any land or building in
contravention of this Bylaw.
2.1.2. Nothing contained within this Bylaw shall relieve any person from the responsibility to seek
and comply with other legislation applicable to that use, activity or other matter regulated
under this Bylaw
2.1.3. Every use of land, building and structure permitted in each zone shall conform to all the
regulations of the applicable zone and all other regulations of this Bylaw.
2.2
INSPECTION
A bylaw enforcement officer may enter onto property that is subject to the regulations of
this Bylaw in accordance with section 16 of the Community Charter and any other
applicable legislation.
2.3
VIOLATION AND PENALTY
2.3.1 Any person who causes, permits or allows anything to be done in contravention or violation
of this Bylaw, or who neglects or fails to do anything required to be done pursuant to this
Bylaw, commits an offence and is liable upon summary conviction to pay a fine of not more
than $50,000, plus the costs of prosecution, and any other penalty or remedy available
under the Community Charter and Offence Act. (4500.179; 2020-NOV-02)
2.3.2 This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw Notice Enforcement
Bylaw 2012 No. 7159", as amended or replaced. (4500.179; 2020-NOV-02)
2.4
CONTINUING OFFENCE
Each day that an offence continues or exists shall constitute a separate offence.
(4500.179; 2020-NOV-02)
2.5
BYLAW AMENDMENTS
Any person applying to have any provision of this Bylaw amending shall apply in writing
by submitting an application in the form and manner prescribed in the City of Nanaimo
"Development Approval Procedures and Notification Bylaw 1991 No. 3892" and any
amendments thereto. (4500.158; 2019-DEC-02)
Part 3 - Page 1
Establishment of Zones City of Nanaimo Zoning Bylaw
PART 3 - ESTABLISHMENT OF ZONES
3.1
ZONES
For the purposes of this bylaw, the City of Nanaimo is hereby divided into the following zones:
PART 7 - RESIDENTIAL
Zone Name
Abbreviation
Single Dwelling Residential
R1 / R1a / R1b
Single Dwelling Residential - Small Lot
R2
Island Residential
R3
Two Unit Residential
R4
Three and Four Unit Residential
R5
Low Density Residential
R6
Row House Residential
R7
Medium Density Residential
R8
High Density (High Rise) Residential
R9
Steep Slope Residential
R10
Recreational Vehicle Park
R11
Mobile Home Park Residential
R12
Old City Duplex Residential
R13
Old City Low Density (Fourplex) Residential
R14
Old City Medium Density Residential
R15
(4500.158; 2019-DEC-02) (4500.219; 2024-FEB-05)
PART 8 - AGRICULTURE RURAL RESIDENTIAL
Zone Name
Abbreviation
Rural Resource
AR1
Semi-Rural
AR2
(4500.219; 2024-FEB-05)
PART 9 - CORRIDOR
Zone Name
Abbreviation
Residential Corridor
COR1
Mixed Use Corridor
COR2
Community Corridor
COR3
Part 3 - Page 2
Establishment of Zones City of Nanaimo Zoning Bylaw
PART 10 - COMMERCIAL CENTRE
(4500.158; 2019-DEC-02)
PART 11 - DOWNTOWN
PART 12 - PARKS, RECREATION AND CULTURE
Zone Name
Abbreviation
Local Service Centre
CC1
Neighbourhood Centre
CC2
City Commercial Centre
CC3
Woodgrove Urban Centre
CC4
Hospital Urban Centre
CC5
Commercial Recreation Centre
CC6
Zone Name
Abbreviation
Core
DT1
Fitzwilliam
DT2
Wallace
DT3
Terminal Avenue
DT4
Chapel
DT5
Port Place
DT6
Quennell Square
DT7
Old City Mixed Use
DT8
Old City Central
DT9
Old City Infill Business Commercial
DT10
Old City Infill Service Commercial
DT11
Gateway
DT12
Zone Name
Abbreviation
Parks, Recreation and Culture One
PRC1
Parks, Recreation and Culture Two
PRC2
Parks, Recreation and Culture Three
PRC3
Part 3 - Page 3
Establishment of Zones City of Nanaimo Zoning Bylaw
PART 13 - INDUSTRIAL
Zone Name
Abbreviation
Highway Industrial
I1
Light Industrial
I2
High Tech Industrial
I3
Industrial
I4
PART 14 - COMMUNITY SERVICE
Zone Name
Abbreviation
Community Service One
CS1
Community Service Two
CS2
Community Service Three
CS3
PART 15 - WATERFRONT
Zone Name
Abbreviation
Waterfront
W1
Harbour Waterfront
W2
Newcastle Waterfront
W3
Industrial Waterfront
W4
PART 16 - COMPREHENSIVE DEVELOPMENT
3.2
ZONING MAP
The location and extent of each zone established by this Bylaw is shown on "Schedule A", which
forms part of this Bylaw.
3.3
ZONE BOUNDARIES
3.3.1. Where a zone boundary does not follow a legally defined line, and where distances are
not specifically indicated, the location of such a boundary shall be determined by the use
of a scale ruler from "Schedule A".
3.3.2. Where a lot is divided by a zone boundary, such lot shall be considered as two distinct
zones for the purpose of this bylaw.
3.3.3. Where a lot is divided into separate zones, the maximum number of dwelling units
permitted on the lot is the number permitted under one zone and not the combined total
of dwelling units permitted under each zone.
Part 4 - Page 1
Use Index
City of Nanaimo Zoning Bylaw
PART 4 - USE INDEX
[DELETED]
(4500.158; 2019-DEC-02)
Part 5 - Page 1
Definitions City of Nanaimo Zoning Bylaw
PART 5 - DEFINITIONS
ACADEMIC SCHOOL - means an institution with no residential component or temporary
accommodation, providing a curriculum, for academic instruction up to completion of Grade 12, and which
consists of a body of students, organized as a unit for educational purposes; where students attending the
school have an opportunity to earn a diploma provided by the British Columbia Ministry of Education.
ACCESSORY BUILDING - means a building, the use of which is subordinate to that of a principal
building or use situated on the same lot, and which includes fabric covered structures.
ACCESSORY STORAGE AREA - means an area designated within a recreational vehicle park for the
purpose of storing recreational vehicles, motor vehicles, boats, car dollies, utility trailers, and the like.
ACCESSORY USE - means a use which is:
(1) naturally and normally incidental to the principal use; and
(2) subordinate in purpose or floor area, or both, to a principal use; and
(3) exclusively devoted to a principal use and located on the same lot as the principal use.
ALTERATION OF LAND - means, but is not necessarily limited to: soil relocation due to building or
parking lot construction or alteration; removal, alteration, disruption or destruction of vegetation; soil
removal or filling; construction or alteration of retaining walls, patios, lawns, agriculture activity, or any
structural change to a building or structure that results in an increase or decrease in the area or volume of
the building or structure; or a change in the principal use of the property.
AGRICULTURE - means the use of land or buildings for the growing, rearing, producing and harvesting
of agricultural products, or the raising of livestock, but specifically excludes the processing of livestock.
Agriculture includes the processing of crops grown on the land, the storage and repair of farm equipment
used on the land, horticulture, nurseries and commercial greenhouses, and sale on the land of agricultural
products produced on the land. In the context of this bylaw, agriculture also means aquaculture,
horticulture, and silviculture. (4500.039; 2013-JUL-08) (4500.073; 2015-MAR-16)
ANIMAL SHELTER - means a facility providing temporary care to household animals awaiting placement.
APPROVING OFFICER - means the Approving Officer appointed by the Council under the Land Title
Act and the Strata Property Act.
AQUACULTURE - means the growing and harvesting of plant or animal organisms in a natural or artificial
aquatic situation that requires a body of water such as a pond, river, lake, estuary or ocean.
AQUARIUM - means a building or structure designated for keeping and exhibiting aquatic animals and
water plants.
ARCADE - means the commercial use of a building or lot for the purpose of entertainment provided by
four or more mechanical or electronic games.
ARTIST STUDIO - means a building, or portion thereof, used for the creation, display or sale of arts and
crafts.
ASSEMBLY HALL - means a use of a building or structure for the assembly, gathering, or meeting of
persons for religious, charitable, philanthropic, cultural, educational or any other purpose not otherwise
specifically defined in the Bylaw.
AUCTION - means the offering for sale of new and used goods by means of a request or invitation for
bids, but does not include retail sales.
Part 5 - Page 2
Definitions City of Nanaimo Zoning Bylaw
AUTOMOBILE SALES AND RENTAL - means the use of land, buildings, or structures, for the sale or
rental of motor vehicles. An automotive repair shop may be included as an accessory use.
(4500.158; 2019-DEC-02)
AUTOMOTIVE BODY SHOP - means the use of a building or structure for the purpose of the structural
repair of vehicles, including painting or metal plating. This use specifically excludes the wrecking and/or
storage of derelict vehicles.
AUTOMOTIVE REPAIR SHOP - means a building or structure used or intended to be used for major
repairs to motor vehicles and parts thereof, this shall include auto body shops but shall not include motor
vehicle manufacture or assembly.
AUTOMOBILE SALVAGE OR WRECKING YARD - means an area outside of an enclosed building
where motor vehicles are wholly or partially disassembled, dismantled, or junked, or where vehicles not in
operable condition or used parts of motor vehicles are stored.
BAY WINDOW - means a projection from the wall of a building that contains a window, is wholly above
the level of the adjacent floor surface and does not result in any projection of the adjacent floor area.
BC HOUSING - means the British Columbia Housing Management Commission.
(4500.213; 2026-MAR-23)
BED AND BREAKFAST - [Deleted] (4500.233; 2025-JAN-20)
BEDROOM - means a room used or designed for use for sleeping purposes in which there is no kitchen
or cooking facility.
BINGO HALL - means the use of premises for playing bingo, in which money is wagered and some of the
proceeds go to charity, and for which a license has been issued by the British Columbia Gaming
Commission, but does not include video lottery terminals, slot machines or teletheatre outlets.
BOARDING KENNEL - means any building, structure, compound, group of pens or cages that lodges
dogs or cats for another person for financial gain and may include accessory office, retail sale, grooming,
training, and daycare facilities.
BOARDING AND LODGING - means the partial use of a dwelling unit for rental of sleeping units, with
or without meals being provided.
BREW PUB - means a Neighbourhood Pub that manufactures up to 6,000 hectolitres of beer per year for
on-site consumption and for sale on-site or to an off-site licensed establishment and/or liquor store within
the local distribution area. (4500.092; 2016-FEB-01)
BUILDING - means a structure which is used or intended to be used for the support, enclosure, and/or
shelter of persons, animals or property.
BUILDING BYLAW - means "Building Bylaw 2016 No. 7224" of the City of Nanaimo and
amendments thereto, and any subsequent bylaw or bylaws which may be enacted in the
substitution therefore. (4500.158; 2019-DEC-02)
BUILDING FRONT FACE - means the store front façade of the building which faces and most closely
parallels a street lot line, the principal entrance to the building does not have to be on the building front
face.
BUFFER AREA - [Deleted] (4500.235; 2025-JUL-21)
BYLAW ENFORCEMENT OFFICER - means the person or his/her delegate appointed by the City of
Nanaimo to enforce regulatory bylaws of the Municipality.
Part 5 - Page 3
Definitions City of Nanaimo Zoning Bylaw
CALIPER - means the diameter of the trunk of a tree measured at 0.3m above finished grade.
CAMPGROUND - means a site intended for the temporary accommodation of travellers for vacation or
recreational purposes in recreational vehicles or tents which are not occupied as principal residences and
excludes a mobile home or recreational vehicle park, but may include one or more of the following as
accessory uses limited to the occupants of the campground, laundry facility, washroom, and shower
facilities, convenience store, restaurant, office and recreational facilities.
CAMPING SPACE - means the area of a campground intended for the occupation of recreational vehicles
or tents but does not include roadways, amenity areas, required setbacks, and accessory use areas.
CANNABIS - means cannabis as defined within the Federal Cannabis Act.
(4500.127; 2018-OCT-01)
CANNABIS PRODUCTION AND PROCESSING - means the commercial growing and production of
cannabis or cannabis products as permitted by Bill C-45 (the Federal Cannabis Act), and any subsequent
regulation or acts which may be enacted in substitution therefore. The definition shall also include the
wholesale or mail order distribution of cannabis products produced on the property. (4500.127; 2018-OCT-
01)
CANNABIS RETAIL STORE - means a retail store licensed under the British Columbia Cannabis
Control and Licensing Act (Bill 30) where cannabis is sold or otherwise provided to a person who attends
at the premises but is not consumed on the premises. (4500.127; 2018-OCT-01)
CAR WASH - means a building or structure containing facilities for washing motor vehicles, including
tunnel car washers, coin operated automatic car washers, and coin operated self service car washers.
CASINO - means the use of premises for the purpose of playing or operating games of chance or mixed
chance and skill on which money is wagered, and for which a license has been issued by the British
Columbia Gaming Commission, and may include player-operated video lottery terminals, slot machines,
and non-player operated video lottery terminals, and accessory entertainment uses excluding adult
entertainment.
CENTRE LINE - when used in reference to a street, 'Centre Line' means an imaginary line drawn between
the boundaries of the street so that it is always equidistant from either boundary.
(4500.073; 2015-MAR-16)
CERTIFIED ARBORIST - means a person certified under the International Society of Arboriculture (IAS)
with specific training as a Certified Tree Risk Assessor and/or a Wildlife / Danger Tree Assessor.
(4500.199; 2022-JUL-04)
CITY PARK - means use of land, buildings or structures for participatory recreation and cultural activities
including recreational facilities, water slides, libraries, cultural facilities, golf courses, golf driving range, mini
putt golf, assembly halls, horse riding stables, petting zoos, daycares and the like and includes accessory
uses of restaurant, office, retail, accessory dwelling unit, commercial school, lounge, and neighbourhood
pub.
CITY PLAN - means the "City of Nanaimo Official Community Plan Bylaw 2022 No. 6600" and any
amendments thereto. (4500.199; 2022-JUL-04)
CLUB OR LODGE - means the use of a building by an association or organization for fraternal, social or
recreational purposes, but excludes entertainment uses.
CMHC - means the Canada Mortgage and Housing Corporation. (4500.213; 2026-MAR-23)
COLUMBARIUM - means a structure designed for the purpose of storing the ashes of human remains
that have been cremated.
Part 5 - Page 4
Definitions City of Nanaimo Zoning Bylaw
COMBUSTIBLE MATERIAL - means any liquid having a flash point at or above 100 F (37.78 C) and
below 200 F (93.33 C) and flammable liquids having a flash point below l00 F (37.78 C) and having a vapour
pressure not exceeding 40 psi (275.79 kpa) (absolute) at l00 F (37.78 C) and compressed gases.
COMMERCIAL DOG BREEDER - means anyone who breeds and sells more than 15 dogs per year or
sells dogs to a dealer or pet shop.
COMMERCIAL SCHOOL - means the use of land and buildings as a school conducted for hire or gain
other than an academic school, and includes a dance studio, an art school, golf school, school of
callisthenics, business school, language school, music school, martial arts school, animal training,
computer training centre, and any other specialized school conducted for hire or gain.
COMMERCIAL VEHICLE - means any self propelled or towed vehicle used in commerce to transport
passengers (other than the driver) or cargo.
COMMUNITY GARDEN - means a non-commercial facility for the cultivation of fruits, flowers,
vegetables, or ornamental plants.
COMMUNITY PARK - means use of land, buildings or structures primarily for recreation, including
playgrounds, band shells, skateboard parks, canoe and kayak docks, boathouses, playfields, field houses,
multi-purpose courts and the like.
COMMUNITY SEWER SYSTEM - means a collection of pipes and mains, treatment works, and
discharge lines (sewers) for the wastewater of a community, that does not include an on-site septic system.
COMMUNITY WATER SYSTEM - means the system of waterworks in which water is distributed from a
central reservoir to other properties within the city.
CONTAINER - means a non-combustible, portable unit designed for the storage or intermodal transporting
of goods, and includes cargo containers, but specifically excludes dumpsters and recycling receptacles
intended for neighbourhood collection.
COOKING FACILITY - means the main means of cooking a meal or any arrangement of cooking facilities
within a dwelling unit or suite and includes gas, propane, or electric ranges or stoves, microwave ovens,
counter-top cooking units, hot plates, wall ovens, toaster ovens, electric frying pans, pressure cookers,
crock pots or any other such cooking facility or any combination of such cooking facilities, and includes the
arrangement of service lines which provide the energy source being used or intended to be used to service
such facilities.
CORNER LOT - means a lot abutting one or two streets with both a front lot line and a flanking side lot
line. (4500.073; 2015-MAR-16) (4500.219; 2024-MAR-04)
COUNCIL - means the Municipal Council of the City of Nanaimo.
COVERED DECK - means a structure connected to the principal use and which is elevated a minimum
of 0.6m from ground level; is supported on structures or is cantilevered; and is covered by part of the roof
system of the principal use.
CREMATORIUM - means a building or structure fitted with the proper equipment for the purposes of the
cremation of human or animal remains.
CULTURAL FACILITIES - includes museums and theatres for the performing arts.
CURB LEVEL - means the elevation at the top of curb or edge of pavement at the midpoint of the property
frontage.
CUSTOM WORKSHOP - means a workshop within a building where the production, sales and servicing
of specialized goods or services, including home cabinets, signs, window coverings, and furniture occurs.
Part 5 - Page 5
Definitions City of Nanaimo Zoning Bylaw
DATA CENTRE - means a building or buildings used for the storage and operation of networked
computers or telecommunications systems and associated components, and may or may not include
employees on-site. (4500.200; 2023-APR-03)
DAY CARE FACILITY - means a facility providing group day care, family day care, nursing school, child
minding, out of school care, or specialized day care in accordance with the provisions of the Community
Care and Assisted Living Act or any subsequent Act or Acts which may be enacted in substitution therefor.
DERELICT VEHICLE - means any vehicle or part thereof propelled other than by muscle power which:
(1) is not capable of operating under its own power; or
(2) does not have attached number plates for the current year pursuant to the regulation of the Motor
Vehicle Act of the Province of British Columbia, but shall not include recreational vehicles or a
vehicle deemed to be a collector item outlined in the list of cars recognized by the Vintage Car Club
of Canada.
DRIVEWAY - means a lane used for access to or from any parking area.
DRUG ADDICTION TREATMENT FACILITY - [Deleted] (4500.173; 2020-APR-27)
DUPLEX - means a structure containing 2 dwelling units within one building located on a single lot and
which is used or intended to be used as the residences for 2 families.
DWELLING - means a building used or intended to be used as a residence, but shall not include hotels
or institutions.
DWELLING UNIT - means a habitable room consisting of a self-contained unit with a separate entrance
for the residential accommodation of only one family and contains a cooking facility but excludes all
accommodation for the travelling public other than a Short-Term Rental. (4500.186; 2022-FEB-07)
DYKE - means a dyke built to a minimum crest elevation equal to the Flood Construction Level.
ELECTRIC VEHICLE CHARGE STATION - means a public or private parking space that is served by
battery charging station equipment that has as its primary purpose the transfer of electric energy (by
conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
ENCLOSED BUILDING - means a building separated on all sides from the adjacent open spaces, or
from other buildings or structures by a permanent roof, and by exterior walls or party walls, pierced only by
windows and normal entrance or exit doors.
EMERGENCY PREPAREDNESS KIOSK - means a container or other type of receptacle intended for
use in response to natural disasters, diseases or other threats, and used for storage of emergency supplies
such as bottled water, canned foods, clothing and bedding, and first aid supplies.
EMERGENCY SHELTER - means the use of a building or portion of a building to provide temporary
accommodation free of charge to meet the person's immediate basic needs for shelter, and may include
emergency and support services. (4500.219; 2024-MAR-04)
ENTERTAINMENT USE - means a building, structure or lot used or intended to be used for the purpose
of nightclubs, cabarets, cinemas, theatres and the like.
FABRIC COVERED STRUCTURES - means a pre-manufactured structure consisting of wood, metal,
or plastic framing, covered on the roof (with or without sides) consisting of fabric, reinforced plastic, vinyl,
or other sheet material, with a maximum floor area no greater than 23m2 intended for temporary storage
purposes. (4500.182; 2021-DEC-06)
FAMILY - means one or more individuals occupying a dwelling who are related through marriage or
common law, blood relationship, legal adoption, or legal guardianship, or residents of a licensed group
home, or a group of not more than 5 unrelated persons including servants, boarders, and lodgers.
Part 5 - Page 6
Definitions City of Nanaimo Zoning Bylaw
FARM BUILDING - means a structure which projects above the ground and which is used or intended to
be used for the support, enclosure, storage and /or shelter of animals, commercial crops, machinery or
tools used for agriculture purposes.
FAST FOOD RESTAURANT - means an eating establishment where food may be obtained via a drive-
through window and which may or may not provide seating for consumption of food on the premises. This
definition includes take-out restaurants which have no provision for consumption of food on the premises.
FENCE - means a structure used as an enclosure or screening around all or part of a lot or site and shall
include a retaining wall.
FILL - means soil, sand, gravel, rock, or other material that can be used to alter the contours of the land or
used to create land through deposition. (4500.199; 2022-JUL-04)
FINAL LOT GRADING PLAN - means the elevation of the ground of a lot at the time of final subdivision
approval.
FINANCIAL INSTITUTION - means a bank, credit union, acceptance corporation, trust company, finance
company or similar establishments, but does not include a building or premises normally used for a purpose
unrelated to the financial industry, but includes one or more bank machine(s) as an accessory use for the
convenience of its patrons or customers.
FINISHED GRADE - means the elevation of the surface of the ground at any point on the site of a
completed development.
FLANKING SIDE YARD - means a side yard that is parallel to a flanking side lot line. (4500.158; 2019-
DEC-02)
FLAT ROOF - means a roof on a building that has one or more roof surfaces that have a pitch of less than
4 in 12 and cover an area greater than 20 percent of the area of all roof surfaces as measured in plan view.
(4500.031; 2012-DEC-03)
FLOOD CONSTRUCTION LEVEL - means a Designated Flood Level plus Freeboard, or where a
Designated Flood Level cannot be determined, a specified height above the Natural Boundary of a
watercourse or the sea, or any obstruction that could cause ponding. (4500.199; 2022-JUL-04)
FLOOD LEVEL, DESIGNATED - means the observed or calculated elevation for the Designated Flood,
which is used in the calculation of the Flood Construction Level.
FLOODPLAIN SETBACK - [Deleted] (4500.199; 2022-JUL-04)
FLOOR AREA, NET - means 90% of the gross floor area or 85% of gross floor area when applied to a
shopping centre in which access by the general public to each commercial establishment is obtained from
the outside through a common entrance or entrances and from the inside through a covered common mall
or concourse.
FLOOR AREA RATIO - means the figure obtained when the gross floor area on a lot is divided by the
area of the lot.
FOOD AND BEVERAGE PROCESSING - means the use of land, buildings, or structures for the
processing, warehousing and distribution of food and beverage products. This definition includes
Micro-Brewery, but specifically excludes the processing of livestock, fish, poultry, and other fowl.
(4500.158; 2019-DEC-02)
FREEBOARD - means a vertical distance added to a Designated Flood Level, used to establish a Flood
Construction Level.
Part 5 - Page 7
Definitions City of Nanaimo Zoning Bylaw
FRONT PORCH - means a covered, but not enclosed, deck or patio on the front face of a building used to
provide access to the front door of a dwelling.
FRONT YARD - means that portion of the lot extending from one side lot line to another between the front
line of the lot and a line drawn parallel thereto at a distance prescribed by the zone in which the lot is
located. The depth of such yard shall mean the perpendicular distance between the front line of the lot and
the parallel lines. In the case of a through lot, there shall be 2 such front yards.
FRONTAGE - means the portion of a property line which directly abuts a street. (4500.073; 2015-MAR-16)
FUELING INSTALLATION - means a building or land used or intended to be used for the sale of motor
fuel and lubricants for use only in industrial equipment or commercial vehicles.
FURNITURE AND APPLIANCE SALES - means the use of land, buildings or structures for retail sales
or rental of household furniture, major and minor household appliances, and household furnishings such as
carpets and draperies.
GARDEN CENTRE - means the use of land, buildings, and/or structures for the purpose of retail sales of
trees, plants, flowers, and associated gardening or landscaping supplies and outdoor garden equipment.
GAS STATION - means a building or lot used or intended to be used for the retail sale of motor fuels,
electricity and lubricants that are dispensed to/for the customer, and which may include a car wash, the
servicing and minor repairing of motor vehicles and the sale of automobile accessories. This definition
does not include specialty repair shops, such as brake or muffler repair shops, or auto body shops.
GENERAL INSTITUTIONAL USE - means the use of lands, buildings or structures for: police,
ambulance and fire stations; courts of law; legislative chambers and offices, archives and meeting rooms
ancillary thereto whether on the same property or not; utilities; nature parks; and community parks.
GOLF COURSE - means an area operated for the purpose of playing golf and may include one or more
of the following as an accessory use: office, retail pro shop, restaurant, banquet facilities, lounge, golf
driving range, dwelling unit, and golf academy.
GOLF DRIVING RANGE - means an open air recreation facility where the sport of golf is practiced from
individual tees and may include one or more of the following as an accessory use: retail store, restaurant,
lounge, caretaker's dwelling unit, and golf academy.
GRADE PERCENTAGE - means the percentage calculated by dividing the rise (vertical distance) in
elevation by a run (horizontal distance).
GREEN ROOF - means a roofing system that utilizes vegetation over a roof membrane to minimize storm
water runoff and reduce heat absorption, may be a modular system.
GROCERY STORE - means a building used for the sale primarily of food products, and which specifically
excludes the use of specialty products as a principal use.
GROSS FLOOR AREA, SINGLE RESIDENTIAL DWELLING OR DUPLEX - means the total of
all floors, measured to the interior face of the exterior walls of the building. The definition includes
covered decks, but excludes the following:
(4500.158; 2019-DEC-02) (4500.182; 2021-DEC-06)
1) Accessory buildings;
2) Attached garages or carports, to a maximum of 42m2;
3) All floor space having a maximum ceiling height less than or equal to 1.5m;
4) Covered porches to a maximum of 11m2;
5) A front porch;
6) Basements which have a ceiling height of 0.6m or less above the adjacent finished grade, excluding
localised depressions, on all elevations;
7) Open decks; and
8) Dedicated space for green building systems, to a maximum of 9.29m2. (4500.092; 2016-FEB-01)
Part 5 - Page 8
Definitions City of Nanaimo Zoning Bylaw
GROSS FLOOR AREA, ACCESSORY BUILDING - means the total of all floors, measured to the
interior face of the exterior walls of the building including covered decks but excluding a front porch, covered
porch fronting on a lane, or open decks in the calculation of gross floor area. Where no carport or garage
exists within the principal building up to 42m2 of parking area shall also not be included within the gross
floor area. This definition shall only apply to lots where the principal use is a single residential dwelling or
duplex. (4500.158; 2019-DEC-02) (4500.182; 2021-DEC-06)
GROSS FLOOR AREA, ALL OTHER USES - means the total of all floors, measured to the interior
face of the exterior walls of the building. The definition includes accessory buildings but excludes the
following:
(4500.158; 2019-DEC-02) (4500.182; 2021-DEC-06)
1) Any portion of the building or structure used for motor vehicle or bicycle parking purposes or for a
swimming pool, unless such parking or swimming pool is the principal use.
(4500.182; 2021-DEC-06)
2) Open decks, patio areas, or covered decks that share no more than two sides with the exterior face
of the building. (4500.182; 2021-DEC-06)
3) One entrance lobby used as the main entrance to a building or structure.
4) All floor space having a maximum ceiling height less than or equal to 1.5m.
5) One dedicated communal storage area for residential uses, with a total maximum area of up to
9.29m2 per dwelling unit on the lot. (4500.182; 2021-DEC-06)
6) Dedicated space for green building systems, to a maximum of 9.29m2. (4500.012; 2012-APR-16)
(4500.092; 2016-FEB-01)
7) Dedicated space for service rooms, to a maximum of 9.29m2. (4500.158; 2019-DEC-02)
8) Staircases and elevator shafts above their lowermost floor. (4500.182; 2021-DEC-06)
HABITABLE AREA - means any room or space within a building or structure that is or can be used for
human occupancy or building systems which would be subject to damage if flooded.
(4500.199; 2022-JUL-04)
HALFWAY HOUSE - means a residential facility for offenders who are on parole, statutory release or
temporary absence from a correctional facility.
HEIGHT, BUILDING - except as otherwise defined
in a zone means:
(1) In residential zones:
a)
The distance measured vertically
from the final lot grading plan or
finished grade, whichever is lower,
recorded at the outermost corners of
the building, as determined by survey
and reference benchmark prior to site
preparation, to the highest part of the
building where a final lot grading plan
has been approved by the Approving
Officer at Subdivision stage.
b)
Where a development permit has
been approved for the building, the subdivision grading plan grade is replaced by the grade
as shown on the approved development permit. (4500.182; 2021-DEC-06)
c)
Where no development permit or final lot grading plan exists, height means the distance
measured vertically from the average natural or finished grade level, whichever is lower.
(2) In all other zones height is the distance measured vertically from the average finished grade,
recorded at the outermost corners of the building, to the highest part of the building.
(4500.073; 2015-MAR-16)
HIGHWAY - [Deleted] (4500.073; 2015-MAR-16)
Part 5 - Page 9
Definitions City of Nanaimo Zoning Bylaw
HOME BASED BUSINESS - means an occupation, business or professional practice which is carried
on for remuneration or financial gain, and which is clearly ancillary to the residential use of the property, of
which the proprietor is also a resident of the dwelling where the home-based business occurs, and which
complies with all requirements specified in section 6.20 of this Bylaw. (4500.149; 2020-APR-06)
HOME CENTRE - means the use of land, buildings and/or structure for the purpose of retail sale of all
types of material used in building construction and may include garden centres.
HOSPITAL - means a use or intended use of lands and buildings as defined in the Hospital Act or any
subsequent Act or Acts which may be enacted in substitution therefore.
HOTEL - means a building which contains sleeping units used or intended to be used for the temporary
accommodation of transient lodgers. A hotel may include ancillary facilities such as a restaurant, meeting
rooms, convention facilities, gift shop, recreational facilities and/or pub. For the purpose of this Bylaw, Hotel
includes motels and motor hotels but does not include short-term rental accommodation.
(4500.233; 2025-JAN-20)
HUTCH - means a projection from the wall of a building that does not contain a window, is cantilevered
and results in the projection of the adjacent floor structure.
INDUSTRY - means a use providing for the co-generation, manufacturing, processing, assembling,
fabricating, testing, servicing, repair, storing, transporting, warehousing, or distributing of goods or materials
or things with or without an ancillary office to administer the industrial use on the lot, and includes
wholesaling provided that the merchandise being sold is distributed from the lot, but excludes the
processing of fish, live animals, live poultry or other fowl.
INJURY MANAGEMENT CENTRE - means an exercise studio where persons may have sport and
work related injuries evaluated and treated, and includes accessory offices.
INTERNET CENTRE - means the use of a building or structure to allow customers to use a computer in
order to access the internet, office software or play online or network games. Food service may or may not
be provided. Online gambling is not permitted within an internet centre.
LABORATORY - means the use of buildings or structures for scientific experiments, research, teaching,
or testing of products or materials and may include an ancillary office.
LANDSCAPE BUFFER - means an area with landscaping that provides functional and aesthetic
enhancement along streets and lot lines that contains any combination of trees, bushes, shrubs, plants,
flowers, natural vegetation other than noxious weeds and invasive species, decorative rocks, planters,
ornamental fences, and the like. (4500.235; 2025-JUL-21)
LANDSCAPING - means the physical arrangement and maintenance of landscaping materials on a lot
for the purpose of enhancing the functional and aesthetic qualities of site development.
LANE - means a narrow public thoroughfare which affords a primary or secondary access to a lot.
LAUNDROMAT - means a building used for the purpose of receiving articles or goods of fabric or leather
to be subjected to the process of dry cleaning, dry dyeing, or cleaning, processing or repairing elsewhere
and for the distribution of any such articles or goods which have been subjected to any such processes.
Also means a building or portion thereof where machines for the washing and drying of articles or goods of
fabric are provided to be operated by customers.
LEAVE STRIP - means a buffer of land, soil, and vegetation that is protected next to a watercourse,
marine foreshore, or terrestrial environmentally sensitive area which is to be left in an undisturbed state.
(4500.199; 2022-JUL-04)
LEGAL DESCRIPTION - with reference to the description of a lot in the City means the description or
the abbreviation of a description of the lot which is recorded in the Land Title Office.
Part 5 - Page 10
Definitions City of Nanaimo Zoning Bylaw
LICENSED GROSS VEHICLE WEIGHT - means the gross vehicle weight for which a commercial
vehicle is licensed pursuant to the Commercial Transport Act or any subsequent Act or Acts which may be
enacted in substitution therefore.
LIGHT INDUSTRY - means an industry use which is wholly enclosed within the building except for parking
and loading facilities and outside storage accessory to the permitted use.
LIVE / WORK STUDIO - means a dwelling unit which includes space for a professional office, artist
studio, repair shop, custom workshop, and the like.
LIVESTOCK PROCESSING - means the use of land, buildings or structures for the processing,
warehousing and distribution of livestock.
LIQUOR STORE - means a retail store licensed under the Liquor Control and Licensing Act for the sale
of beer, wine, or other alcoholic beverages.
LOCALIZED DEPRESSION - means:
(1) A depression below the finished grade, created for the purposes of providing a pedestrian entrance
to a building, subject to the following conditions:
(a) Pedestrian entrances are not permitted as localized depressions on front yard or flanking side
yard elevations; and
(b) The localized depressions shall not exceed 40% of the corresponding wall length or 7m2,
measured in plan view.
(2) A light well on any side of a dwelling, extending not more than 0.9m beyond the building wall face
and not exceeding 25% of the corresponding wall length in total, for one or more light wells.
LODGER - means a person who resides with a family, is not related, and receives room, or room and
board.
LOT - means any parcel, block, or other area in which land is held or into which it is subdivided whether
under the Land Title Act or the Bare Land Strata Regulations under the Strata Property Act and includes a
water lot, but does not include a phased subdivision boundary nor an air space parcel.
(4500.182; 2021-DEC-06)
LOT AREA - means the total horizontal area within the lot lines of a lot. In the case of a panhandle lot,
the access strip shall not be included in the calculation of lot area.
LOT COVERAGE - means the footprint of every building or structure on the lot, expressed as a
percentage of the lot area, including carports, open decks, entry porticoes, and enclosed walkways, but
excluding:
(1) Eaves, exterior finishes, gutters and cornices; and
(2) Steps, landings and wheelchair ramps; and
(3) Masonry/non-masonry chimneys and chimney enclosures; and
(4) Bay windows and hutches; and
(5) Air conditioners and heat pumps; and
(6) Awnings, trellises and unenclosed patio canopies; and
(7) Underground parking structures; and
(8) Uncovered swimming pools; and
(9) Front porches
LOT DEPTH - means the distance between the front and rear lot lines, as measured from the centre point
of each; or, in the case of a pie-shaped lot or an irregular lot with no definable rear lot line, the distance
between the centre of the front lot line and the point at which the most opposite lot lines intersect; or, in the
case of a through lot, the distance between the centre point of the 2 front lot lines.
(4500.158; 2019-DEC-02)
LOT LINE, FRONT - means the lot line abutting the street, and
(1) in the case of a corner lot, either lot line which abuts the street may be considered the front lot line;
however, the rear lot line must be opposite to the front line, and
(2) in the case of a corner lot, only one front lot line need be provided, in which case the other lot line
abutting a street becomes a flanking-side lot line, and
Part 5 - Page 11
Definitions City of Nanaimo Zoning Bylaw
(3) in the case of a through lot, the lines abutting the street shall be considered front lot lines.
(4500.073; 2015-MAR-16)
LOT LINE, REAR - means the lot line or lot lines opposite to, approximately parallel to, and most distant
from the front lot line, as measured from the centre point of the front lot line to the centre point of the rear
lot line(s). Where the rear portion of the lot is bounded by intersecting lot lines, the point of intersection shall
be deemed the rear lot line. (4500.053; 2013-DEC-16) (4500.158; 2019-DEC-02)
LOT LINE, FLANKING SIDE - means the lot line marking the boundary between a lot and street and
which has one or both ends intersecting with a front lot line. (4500.073; 2015-MAR-16)
LOT LINE, SIDE - means any lot line not being a front lot line, a rear lot line, or a flanking side lot line.
LOUNGE - means a limited scale establishment licensed to serve liquor in conjunction with live
entertainment and/or dancing as a Liquor-Primary establishment under the Liquor Control and Licensing
Act and amendments thereto. This use shall not include any form of adult entertainment including, without
limitation, exotic dancing or stripping.
LUMBER AND BUILDING SUPPLY YARD - means the use of land, buildings and/or structures for the
purpose of retail sales of materials used in construction, but excludes accessory retail stores such as carpet
stores, lighting stores, cabinet stores, tile stores, furniture stores, and plumbing stores.
MAJOR ROAD - means a Highway, an Urban Arterial, or a Mobility Arterial as designated by the City
Plan "Schedule 4 - Road Classifications". (4500.199; 2022-JUL-04)
MARINA - means a facility which provides moorage space for watercraft and may also include, as
accessory uses, administrative offices, recreational lounges, restaurants, the retail sale of marine supplies
and equipment, laundromat, shower facilities, dock-side boat repair, dry land storage and repair of
watercraft, marine fuelling installations, and water taxi docks, but does not include a marine public house.
(4500.002; 2011-OCT-03)
MANUFACTURING / CONTRACTORS OFFICE - means an office use directly related to the creation,
manufacturing, repairing, or servicing of a product and shall include, but not be limited to, the following
office uses: architect, general contractor, computer and software developer, computer services and data
processing, engineer, surveyor, scientist, geologist, graphic designer, shipping agent, or wholesale broker.
(4500.033; 2012-DEC-03)
MANUFACTURING OR PROCESSING - means those operations which are a necessary part of and
clearly related to the production of articles or goods. For the purposes of this Bylaw, the term manufacturing
may also include repairing of articles and goods.
MICRO-BREWERY - means a small scale brewery dedicated to producing less than 12,500 hectolitres
of beer per year for sale to a number of licensed establishments and/or liquor stores within a local
distribution area. Ancillary sales and tasting of beer brewed on-site shall be permitted.
MICRO CANNABIS PRODUCTION AND PROCESSING - means a small scale Cannabis Production
and Processing facility contained entirely within a building where the production and growing of cannabis
products is limited to no more than 200m2 of gross floor area per lot.
(4500.127; 2018-OCT-01)
MINI STORAGE - means the use of land, buildings, or structures for the purpose of storing personal
property for compensation, and includes the storage of recreational vehicles.
MINIMUM LOT AREA - means the minimum lot size required for the purpose of subdivision, as set out
in the applicable zone. (4500.182; 2021-DEC-06)
MIXED USE - means a property on which a commercial and residential use exists on the same lot and
where the residential use occupies from 25% to 75% of the total gross floor area for all buildings on the lot.
(4500.036; 2013-APR-22)
Part 5 - Page 12
Definitions City of Nanaimo Zoning Bylaw
MOBILE FOOD CART - means a non-motorized mobile cart with a maximum area of 4.65m2, from which
food and/or drink is dispensed, and where the entire stock of goods offered for sale is carried and contained
in the cart and which may change locations from time to time, and which is not located in a permanent
building or structure, and is removed from public access when not in use.
MOBILE HOME - means a dwelling unit built in an enclosed factory environment in one or more sections,
intended to be occupied in a place other than of its manufacture, and includes mobile homes which are
either completely self-contained or are incomplete and fastened together and completed on site. A mobile
home must be constructed to the current CAN/CSA Z240 (Mobile Home) standards.
(4500.158; 2019-DEC-02)
MOBILE HOME PARK - means a site used or intended to be used for the purpose of providing pads for
the accommodation of 2 or more mobile homes or modular homes. (4500.158; 2019-DEC-02)
MODULAR HOME - means a structure containing a dwelling unit and/or a secondary suite built in an
enclosed factory environment in one or more sections, intended to be occupied in a place other than of its
manufacture, and includes modular homes which are either completed self-contained or are incomplete
and fastened together and completed on site. A modular home must be constructed to the current
CAN/CSA A277 (Modular Home) standards. (4500.158; 2019-DEC-02)
MOTOR VEHICLE - means a vehicle in, on or by which a person or thing may be transported on a street,
except a vehicle designed to be moved by human power or used exclusively on stationary rails or tracks.
(4500.073; 2015-MAR-16)
MULTIPLE FAMILY DWELLING - means any building or cluster of buildings consisting of two or more
dwelling units. For the purposes of this Bylaw, multiple family includes seniors' congregate housing.
NATURAL BOUNDARY - means the visible high water mark of any lake, river, stream or other body of
water where the presence and action of the water are so common and usual, and so long continued in all
ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its
banks, in vegetation, as well as in the nature of the soil itself.
NATURAL GRADE - means the elevation of the undisturbed natural ground as of 2004-January-1. As
determined by a B.C. Land Surveyor.
NATURE CENTRE - means the use of land, buildings or structures for the use of educational programs
and tours, special events and exhibits, galleries and theatres, and accessory offices, and operated
accessory to a Nature Sanctuary.
NATURE PARK - means use of land, buildings or structures primarily for conservation and enjoyment of
natural areas. Uses can include boardwalks, trails, environmentally sensitive areas, Nature Sanctuaries
and the like.
NATURE SANCTUARY- means the non-commercial use of land, buildings or structures for the
preservation of plant and animal life and may also include, as accessory uses, Nature Centre and
Accessory Dwelling Unit.
NEIGHBOURHOOD PUB - means an establishment licensed to serve liquor in conjunction with live
entertainment and/or dancing as a Liquor-Primary establishment under the Liquor Control and Licensing
Act and amendments thereto, and shall offer full lunch and dinner menus complete with hot and cold meals
and may include a Brew Pub (See Part 6 NEIGHBOURHOOD PUB AND LOUNGE OCCUPANCY).
(4500.092; 2016-FEB-01)
NIGHTCLUB / CABARET - means an establishment licensed to serve liquor in conjunction with live
entertainment and / or dancing as a liquor-primary establishment under the Liquor Control and Licensing
Act and amendments thereto. In this definition, live entertainment includes forms of adult entertainment,
including exotic dancing and stripping. (4500.031; 2012-DEC-03)
Part 5 - Page 13
Definitions City of Nanaimo Zoning Bylaw
NURSERY - means the use of lands principally involved in agriculture and horticulture, and accessory
product sales and garden supply sales, but specifically excludes the sale of agricultural or horticultural
machinery.
OFFICE - means a place of business where the principal function is intellectual activity and skill usage
other than assembly, manufacturing, repairing or servicing of goods. This definition specifically includes
Office/Medical/Dental and Social Services Centre.
OFFICE MEDICAL / DENTAL - means the office, clinic or laboratory of a health professional in the field
of medicine, including a doctor, dentist, optometrist, physiotherapist, chiropractor and medical technician;
and any other health professional designated under the Province of British Columbia's Health Professions
Act or Emergency Health Services Act. This use excludes Supervised Consumption Site.
(4500.173; 2020-APR-27)
OPEN DECK - means a structure connected to the principal use, which:
(1) Is elevated a minimum of 0.6m from ground level;
(2) Is supported on structures or cantilevered;
(3) May be covered by a canopy or trellis which is not structurally, nor in appearance, part of the roof
system of the principal use;
(4) Does not cover a carport or garage;
(5) May have a railing system, but no solid walls.
This includes structures forming a border or walking area surrounding a hot tub, unless the hot tub is
at ground level.
PAD - means a paved surface on which blocks, posts, runners and strip footings are placed for the purpose
of supporting a mobile home, or a concrete pad for supporting a Habitable Area.
PARKADE - means a building or structure designed for the parking of motor vehicles.
PARK MODEL TRAILER - means a recreational unit that conforms to the CAN/CSA Z-241 series of
standards for park model trailers at the time of manufacture, with a width greater than 2.6m in transit mode
and a maximum gross floor area of 50m2 when in the setup mode.
PARKING BYLAW - means City of Nanaimo "Off-Street Parking Regulations Bylaw 2018 No. 7266" and
amendments thereto, and any subsequent bylaw or bylaws which may be enacted in the substitution
therefore. (4500.223; 2024-JUN-17)
PARKING LOT - means a lot used for the parking of motor vehicles.
PARKING - UNDERGROUND - means an area that:
(1) contains parking spaces and associated driveways and manoeuvring aisles;
(2) is located within a building; and
(3) has its roof or the finished floor next above it not more than 0.8m above the adjacent finished grade.
PAWN SHOP - means an establishment that engages, in whole or part, in the business of loaning money
on the security of pledges of personal property, or deposits or conditional sales of personal property, or the
purchase or sale of personal property.
PEDESTRIAN TRAIL - [Deleted] (4500.219; 2024-MAR-04)
PERIMETER WALL HEIGHT - means the vertical distance measured at the outermost building face,
excluding open decks, from the finished grade to the top of the wall or top of a shed roof not including gable
ends, dormers to a maximum of 25% of the wall length and localized depressions.
(4500.092; 2016-FEB-01)
PERMITTED USE - means the principal, permissible purpose for which land, buildings or structures may
be used, and for the purpose of this Bylaw all uses not listed as permitted shall be deemed to be a prohibited
use in that zone.
Part 5 - Page 14
Definitions City of Nanaimo Zoning Bylaw
PERSONAL CARE - means assistance with the performance of the personal functions and activities
necessary for daily living that a person is unable to perform efficiently for him or herself due to age, infirmity,
physical or mental disability or other disability.
PERSONAL CARE FACILITY - means a use or facility in which food, lodging and care or supervision
is provided, with or without charge, to persons unrelated to the operator of the facility, who on account of
age, infirmity, physical or mental disability, require special care.
PERSONAL SERVICE USE - means use of a building to provide professional services to a person,
(including tutorial services) and includes the sale of goods, wares, personal merchandise, articles or things
accessory to the provision of such services.
PET DAY CARE - means a facility which offers care for pets, but specifically excludes overnight boarding.
(4500.036; 2013-APR-22)
PHARMACY - means an outlet which dispenses drugs by prescription.
PRIMARY RESIDENCE - means the dwelling unit that a person resides in for at least eight months per
calendar year, and that a person declares for legal purposes, including voter registration, filing of income
taxes, British Columbia Driver's Licence, British Columbia Medical Services Card, Home Owner Grant, and
British Columbia Identification Card. (4500.186; 2022-FEB-07)
PRINCIPAL BUILDING - means a non-accessory building in which is conducted the principal use of the
lot on which it is located.
PRINCIPAL USE - means the primary purpose for which land, buildings or structures are ordinarily used.
PRINTING AND PUBLISHING FACILITY - means the use of land, buildings and structures for printing
of any kind, engraving, blueprinting, duplicating and publishing newspapers and magazines.
PRODUCTION BAKERY - means the use of a building for a large scale bakery for the purposes of
production of baked goods for retail or wholesale to the final consumer or other retailers.
PRODUCTION STUDIO - means the use of land, buildings and structures for the production of art, motion
pictures, videos, television or radio programs or sound recording.
PROFESSIONAL ENGINEER - [Deleted] (4500.199; 2022-JUL-04)
PUBLIC MARKET - means the use of a building, structure or lot for the purpose of selling of grocery
items, flowers and crafts, and may include retail stores and restaurants as an accessory use.
PUBLIC PLAZA - means an area that is exclusively pedestrian and is visible from the street, backed by
a highly detailed building facade, and contains elements such as decorative paving surface, site furniture,
trees, decorative lighting and the like. (4500.235; 2025-JUL-21)
QUADRUPLEX - [Deleted] (4500.182; 2021-DEC-06)
QUALIFIED REGISTERED PROFESSIONAL - means an individual who is registered under the
Professional Governance Act as any of the following professionals:
1) an agrologist;
2) an applied science technologist or certified technician;
3) a registered professional biologist or registered biology technologist;
4) a professional engineer or professional engineering licensee;
5) a professional forester or registered forest technologist;
6) a professional geoscientist or professional geoscience licensee;
And is in good standing with the regulatory body under that Act for the individual's profession, and when
carrying out that part of the assessment, the individual is acting:
a) within the individual's area of expertise;
b) within the scope of professional practice for the individual's profession; and
c) under the code of ethics of the applicable regulatory body.
(4500.199; 2022-JUL-04)
Part 5 - Page 15
Definitions City of Nanaimo Zoning Bylaw
REAR YARD - means that portion of the lot, extending from one side lot line to another, between the rear
line of the lot and a line drawn parallel thereto at a distance prescribed by the zone in which the lot is
located. The depth of such yard shall mean the perpendicular distance between the rear line of the lot and
the parallel line. In the case of a lot where the side lot lines intersect at a point thus creating a lot with no
rear lot line, the rear yard means that a portion of the lot extending from one side lot line to the other,
between the said point of intersection and a circular line drawn at a distance equal to the distance prescribed
in the regulations for the depth of a rear yard.
RECREATIONAL FACILITY - means the use of land, buildings or structures for gymnasiums, indoor or
outdoor racquet courts, curling rinks, skating rinks, swimming pools, dance studios, aerobic studios or
weight rooms, billiard halls, bowling alleys and the like. (4500.053; 2013-DEC-16)
RECREATIONAL VEHICLE - means any camper, travel trailer, fifth wheel or motor home with a
maximum width of 2.6m in transit mode which can be used to provide sleeping accommodation and which
is capable of being licensed for highway use pursuant to the Motor Vehicle Act or any subsequent Act or
Acts which may be enacted in substitution therefore.
RECREATIONAL VEHICLE PARK - means a site intended for the temporary or permanent
accommodation of persons in recreational vehicles or park model trailers, and excludes a mobile home
park or campground, but may include an accessory laundry facility, washroom and shower facility,
convenience store, office, storage area, and recreational facilities provided such uses are limited to the
occupants of the recreational vehicle park.
RECREATIONAL VEHICLE SPACE - means the area of a recreational vehicle park intended for the
occupation of recreational vehicles or park model trailers, but does not include roadways, amenity areas,
required setbacks, and accessory use areas.
RECYCLING DEPOT - means a collection facility and distribution point for material to be recycled and
stored within a building, but does not include processing except assembling or packaging for shipping. A
recycling depot shall not be construed to include an automobile wrecking yard, a display yard, or a junk
yard.
RECYCLING DROP OFF CENTRE - means a collection facility and distribution point for materials
regulated under the Environmental Management Act Product Stewardship program, but specifically
excludes tires. All materials must be collected and stored within a building. A Recycling Drop Off Centre
does not include processing except packaging for shipping, does not include outside storage, and does
not require a Waste Stream Management Licence from the Regional District of Nanaimo. (4500.067;
2014-SEP-08)
RECYCLING PLANT - means the use of land, building, or structures for the purposes of processing
recyclable materials.
REFUND CONTAINER RECYCLING DEPOT - means a collection facility and distribution point for
bottles, cans, and other refundable containers to be reused or recycled within a building, but does not
include processing except packaging for shipping and does not include outside storage.
RELIGIOUS INSTITUTION - means one or more buildings wherein persons assemble for religious
worship or related educational, social, recreational or charitable activities. Churches may include a
columbarium structure with associated services as an accessory use.
REPAIR SHOP - means a shop at which household items or other small motors or electrical devices may
be repaired, but specifically excludes automobile repairs.
Part 5 - Page 16
Definitions City of Nanaimo Zoning Bylaw
RESIDENTIAL SHELTER - means a single-family dwelling used for the purpose of temporary residents
providing:
(1) Emergency and support services for persons leaving physically, psychologically or sexually
abusive relationships; or,
(2) Shelter and support services for persons during the immediate post-acute phase of recovery from
drug and alcohol dependency or addiction.
But does not include the use of land for halfway house use in conjunction with the administration of justice
for the purpose of shelter and support of persons serving or on parole from any part of a sentence (including
unconditional sentence) imposed by a court.
RESTAURANT - means an eating establishment where food is sold to the public, and may include take-
out and/or mobile food carts as an accessory or principal use.
RETAIL PRO SHOP - means the use of land, buildings or structures for the purpose of selling sports
equipment, sports clothing and other sports paraphernalia.
RETAIL STORE - means a store in which any type of goods or wares are sold or rented to the final
consumer, provided that the product may be stored or sold from within a building. This definition specifically
includes Personal Service Use and Pharmacy but excludes Cannabis Retail Store and Liquor Store.
(4500.127; 2018-OCT-01)
RETAIL WAREHOUSE - means the use or intended use of land, large buildings or large structures for
the purpose of receiving, storing, and retailing goods to the general public for compensation, and for the
wholesaling of goods to retailers, provided the building or structure in which the use is contained exceeds
a gross floor area of 6,967.5m2. This definition specifically excludes the sale of motor vehicles, boats,
heavy equipment and liquor but shall include Furniture and Appliance Sales.
RETAINING WALL - means a wall erected to hold back water, or support a bank of earth, and which is
considered a fence for the purpose of regulating height.
ROAD - See 'Street'. (4500.073; 2015-MAR-16)
ROADWAY - means a private road within a recreational vehicle park or campground suitable for vehicular
access to recreational vehicle spaces, camping spaces, or other facilities.
ROOF SURFACE - means the total area of all roof surface visible in plan view, including eaves.
(4500.158; 2019-DEC-19)
ROOMING HOUSE - means a single residential dwelling in which more than five (5) persons occupy
sleeping units and typically share common areas, including kitchens and baths. (4500.219; 2024-MAR-04)
ROW HOUSE - means two or more dwelling units which share a common party wall or are otherwise
connected at the side yard lot line.
SANI-PUMP STATION - means a system of piping designed to accept waste from sanitary holding tanks
or vehicles other than septic tank trucks.
SEAFOOD PROCESSING - means the storage, drying, cooking, packaging, preparation, and
manufacture of any aquatic organism.
SECONDARY SUITE - means one or more habitable rooms, but not more than three bedrooms and one
cooking facility, constituting a self-contained unit with a separate entrance, but which is clearly subordinate
to the principal dwelling, for the residential accommodation of: one or more individuals who are related
through marriage or common law, blood relationship, legal adoption, or legal guardianship; or a group of
not more than three unrelated persons. (4500.223; 2024-JUN-17)
Part 5 - Page 17
Definitions City of Nanaimo Zoning Bylaw
SENIORS' CONGREGATE HOUSING - means a residential or institutional facility which provides
sleeping units or dwelling units for persons all of whom are aged 65 or older, one or more meals per day
and housekeeping services, contains a common dining area with a capacity sufficient to accommodate all
residents of the residential facility, and may contain accessory personal service and accessory convenience
store uses.
SERVICE INDUSTRY - means the use of land or buildings for wholesale sales or the testing, assembling,
cleaning, distribution, servicing, printing, repair and maintenance of goods and materials, and the sale or
rental of tools, lawnmowers, garden equipment and other similar goods.
SERVICE ROOM - means the portion of a building dedicated to equipment associated with building
services including boiler rooms, furnace rooms, incinerator rooms, waste disposal rooms, and rooms to
accommodate air conditioning or heating appliances, pumps, compressors, and electrical equipment. This
definition does not include elevator machine rooms or common laundry facilities. (4500.158; 2019-DEC-19)
SETBACK - means the required minimum horizontal distance measured between a building or use and
each of the respective lot lines. In the case of a building, the measurement is taken from the lot line to the
foundation, or as otherwise specified in a zone.
SHOPPING CENTRE - means one or more buildings designed as an integrated unit to be used for retail
stores, offices, restaurants, arcades, internet centres, cinemas, exercise studios, personal service
establishments, appliance repair shops, furniture and appliance sales, auto repair shops (excluding auto
body shops or automobile wrecking), and garden centres. A shopping centre may be used, on a temporary
basis, for carnivals, flea markets or craft fairs. (4500.031; 2012-DEC-03)
SHORT-TERM RENTAL - means an accommodation provided to members of the public in a short-term
rental operator's primary residence, in exchange for money, for a period of less than 30 consecutive days.
The accommodation may include the rental of an entire dwelling unit or bedrooms, with or without the
provision of breakfast served on the property. (4500.186; 2022-FEB-07) (4500.233; 2025-JAN-20)
SHORT-TERM RENTAL OPERATOR - means the person(s) responsible for advertising and arranging
the short-term rental accommodation and who is also the business licence licensee and the primary
resident. (4500.233; 2025-JAN-20)
SIDE YARD - means that portion of the lot, extending from the front yard to the rear yard, between the
side of the lot and the line drawn parallel thereto at a distance prescribed for the zone in which the lot is
located. The width of such yard shall mean the perpendicular distance between the side line of the lot and
the parallel line.
SIGN SHOP - means the use of land, buildings or structures for the purpose of manufacturing, installing,
repairing, designing and selling signs.
SINGLE RESIDENTIAL DWELLING - means a building, consisting of one dwelling unit, used or
intended to be used as the residence of one family, as a community care facility licensed under the
Community Care and Assisted Living Act, as a residential shelter, or a mobile home or modular home
which:
1) exceeds a gross floor area of 87m2;
2) equals or exceeds a width of 7.3m;
3) is installed on site upon a concrete perimeter foundation system; and
4) has a sloped roof.
A single residential dwelling does not include a recreational vehicle or tent. (4500.158; 2019-DEC-19)
(4500.182; 2021-DEC-06) (4500.219; 2024-MAR-04)
SITE - means an area of land or surface of water consisting of one or more lots used as a unit devoted to
a certain use or occupied by a building or structure or group of buildings or structures united by a common
interest, use or development.
Part 5 - Page 18
Definitions City of Nanaimo Zoning Bylaw
SITE AREA - means the area of a lot where only the lot is used; where more than one lot is used, means
the total area within the boundaries of all lots.
SLEEPING UNIT - means one or more habitable rooms used for sleeping and living purposes but in which
there is no kitchen or cooking facilities.
SLOPED ROOF - means a roof on a building that has one or more roof surfaces that have a pitch of 4 in
12 or greater and cover an area at least equal to 80 percent of the area of all roof surfaces as measured in
plan view. (4500.219; 2024-MAR-04)
SOCIAL SERVICES CENTRE - means a building used for administrative purposes and to provide
information, referral, counselling and advocacy services.
SOCIAL SERVICES RESOURCE CENTRE - means an enclosed building used to:
(1) provide information, referral, counselling and advocacy services; or
(2) dispense aid in the nature of food or clothing; or
(3) provide drop-in or activity space.
(4500.219; 2024-MAR-04)
SOIL - means the loose surface material at the earth's surface and includes sand, clay, gravel, rock, and
other substances of which land is composed. (4500.199; 2022-JUL-04)
STEEP SLOPE AREA - means any part of a lot within which the incline is 30% or greater for a horizontal
distance of 10.0m or greater, as measured from natural grade. A lot may include more than one Steep
Slope Area.
STORAGE YARD - means an area outside of an enclosed building where construction materials and
equipment, solid fuels, lumber, new building materials, monuments and stone products, public service and
utility equipment, or other materials, goods, products, vehicles, equipment or machinery are stored, baled,
piled, handled, sold or distributed, whether a principal or accessory use; but specifically excludes the use
of containers. A storage yard does not include an automobile salvage or wrecking yard, a display yard, a
junkyard, a recycling depot, waste transfer station, compost facility or log sorting and storage. (4500.073;
2015-MAR-16)
STOREY - means that portion of a building which is situated between the top of any floor and the top of
the floor next above it, and if there is no floor above it, that portion between the top of such floor and the
ceiling above it.
Part 5 - Page 19
Definitions City of Nanaimo Zoning Bylaw
STREET - means a dedicated road Right-of-Way available for motorized and non-motorized travel,
including a highway, public road and a common access road within a bare land strata plan which has been
subdivided pursuant to the Strata Property Act, but does not include a lane or private Rights-of-
Way. (4500.073; 2015-MAR-16)
STREET LEVEL - means the storey of a building which can be accessed directly from finished grade
without the use of a stairway, escalator or elevator.
STRUCTURE - means anything constructed, placed or erected on land.
STUDENT HOUSING - means a residential facility which provides sleeping units or dwelling units to full
or part time post secondary students who are enrolled in a Ministry of Advanced Education and Labour
Market Development designated college, university or trade school located within the City of Nanaimo.
SUBDIVISION - means a division of land as defined in the Land Title Act and a bare land SUBDIVISION
as defined in the Strata Property Act or any subsequent Act or Acts which may be enacted in substitution
therefore.
SUBDIVISION CONTROL BYLAW - means SUBDIVISION CONTROL BYLAW 1989 NO. 3260 of the
City of Nanaimo and amendments thereto.
SUPERVISED CONSUMPTION SITE - means the supervised consumption of controlled substances
as regulated under the Government of Canada's Respect For Communities Act and Controlled Drugs and
Substances Act, as well as any subsequent Act or Acts, which may be enacted in substitution thereto.
SURVEYOR, BC LAND - means a land surveyor licensed and registered as a land surveyor with the
Province of British Columbia.
SUSTAINABLE BUILDING TECHNOLOGIES - means structural or technological elements designed
to decrease the carbon footprint of a building or structure. Such features shall include photovoltaic cells,
roof mounted micro wind turbines, solar thermal collectors, infrastructure needed to access and maintain a
green roof and the like.
SWIMMING POOL - means any structure or construction, intended primarily for recreation that is, or is
capable of being, filled with water to a depth of .6m or more. For the purpose of this definition, a hot tub
shall not be considered a swimming pool.
TAKE-OUT RESTAURANT - means an eating establishment which provides no more than 6 seats for
customers to consume food on the premises, and which does not serve food via a drive-through window.
This definition includes restaurants which have no provision for consumption of food on the premises.
TELETHEATRE OUTLET - means a public entertainment and wagering facility authorized by the B.C.
Racing Commission having such amenities as television monitors (displaying the system of odds, pools
and payout prices) with areas for viewing, seating, wagering and food and beverage service.
TEMPORARY BUILDING - means a building which is not supported on permanent foundations and
which may or may not be connected to municipal services.
THEATRE - means a building, structure or lot that is used for the showing of dramatic, musical, or other
live performances and includes cinemas, but specifically excludes drive-in theatres.
THROUGH LOT - means a lot abutting two parallel or approximately parallel streets, or a corner lot
abutting three streets which forms two corners. (4500.073; 2015-MAR-16)
Part 5 - Page 20
Definitions City of Nanaimo Zoning Bylaw
TOP OF BANK - means the points closest to the natural boundary of a watercourse where a break in
the slope of the land occurs such that the natural slope beyond the break is flatter than 3:1 for the
required leave strip distance, as seen on Diagram A.
TOURIST FACILITY - means the use of land, buildings or structures for museums, aquariums, and other
similar attractions.
TOW TRUCK DISPATCH AND STORAGE YARD - means the use of land, buildings or structures for
the dispatch of tow trucks and associated vehicles. The sale of motor vehicles may be permitted as an
accessory use.
TRANSPORTATION CORRIDOR - includes a street, path, walkway, trail, lane, bridge, railway, road,
thoroughfare and any other transportation Right-of-Way within a dedicated road reserve. 'Road' includes
common access within a bare land strata plan which has been subdivided pursuant to the Strata Property
Act, or any subsequent Act or Acts, which may be enacted in substitution therefore, but does not include
other private Rights-of-Way on private property. (4500.073; 2015-MAR-16)
TRANSPORTATION TERMINAL - means the use of land, buildings or structures for bus stations,
railway stations, airports, ferry terminals, and the storage and maintenance of transportation equipment and
includes user fee parking and ticket purchase.
TRANSIENT TOURIST ACCOMMODATION - [Deleted] (4500.233; 2025-JAN-20)
TREE BYLAW - means the "Management and Protection of Trees Bylaw 2013 No. 7126" of the City of
Nanaimo and amendments thereto, and any subsequent bylaw or bylaws which may be enacted in the
substitution thereof. (4500.199; 2022-JUL-04)
TRIANGLE LOT - means a lot which contains 3 lot lines.
TRIPLEX - [Deleted] (4500.223; 2024-JUN-17)
TRUCK TERMINAL - means a building or property used as an origin or destination point for the loading,
unloading, assembling or transferring of goods transported by truck, or which provides containerized freight
handling facilities or rail truck services, and/or where local pick-up, delivery and transitory storage of goods
incidental to the primary function of the motor freight shipment is provided, or where trucks are repaired.
Any lot where motor freight shipment is the principal use and where vehicles in excess of single unit, single
axle weights of 13,600 kg GVW (Gross Vehicle Weight) are operated, shall be considered for the purposes
of this Bylaw, as a truck terminal.
Part 5 - Page 21
Definitions City of Nanaimo Zoning Bylaw
USABLE OPEN SPACE RECREATION AREA - means a space, indoor or outdoor, developed solely
for the purpose of recreation, active or passive, and shall not include required yards, patios, or open decks
unless otherwise specified in the Bylaw.
UTILITIES - means the use of lands, buildings or structures for utilities which furnishes services and
facilities available at approved rates. Such services and facilities shall be limited to the production,
transmission, delivery or furnishing of water, gas, electricity or communication to the public; collection
and disposal of sewage, garbage, and other waste; local transportation by bus, trolley, or other vehicle
which operate scheduled services for the public at large.
URBAN FOOD GARDEN - means the use of land on a limited scale for the growing, harvesting and
selling of fruits, vegetables, edible plants and the like but specifically excludes the growing of mushrooms.
VETERINARY CLINIC - means any building, structure, or premises in which animals are treated for
medical reasons, hospitalized or groomed.
WAREHOUSE - means the use or intended use of land, buildings or structures for the purpose of receiving
and storage of goods for compensation, and includes the storage of goods by a distributor or supplier who
markets goods for retail sale at other locations. (4500.033; 2012-DEC-03)
WASTE MANAGEMENT ENCLOSURE - means a structure with or without a roof where solid waste
collection containers are stored and screened from view. (4500.235; 2025-JUL-21)
WATERCOURSE - means any course or source of water in a channel with defined continuous banks,
whether usually containing water or not, and includes any lake, river, creek, spring, wetland, or source of
groundwater, and including any portions that may be within a conduit or culvert. (4500.199; 2022-JUL-04)
WETLAND BOUNDARY - means the high water mark or water level in wetlands, ponds, and lakes that
are reached during annual winter flood events, as indicated by the presence of soil subject to regular
inundation and/or vegetation that is typically adapted for life in submerged, semi-submerged or saturated
soil conditions.
WETLANDS - means land that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and under normal conditions does support vegetation typically adapted for
life in saturated soil conditions, including swamps, marshes, bogs, estuaries and similar areas.
WINE STORE - means any kind of retail wine store licensed under the Liquor Control and Licensing Act
for the sale of wine, sake, cider, wine coolers and mead. A wine store can include an independent retail
store, or the sale of wine, cider, mead and sake within a grocery store where approved by the Liquor Control
and Licensing Branch. (4500.093; 2016-FEB-01)
WHOLESALE - means the use of land, building, or structures, by establishments or businesses engaged
in selling merchandise to retail dealers or to other wholesale dealers, or to contractors or to manufacturers,
for resale or for use in their business.
YACHT CLUB - means all buildings, land, foreshore, water lots and land covered by water occupied for
recreation use of a bona fide club incorporated under the Society Act and amendments thereto, for the
purpose of boating, sailing, or yachting, and in which the affairs of the organization are actually conducted
and carried on by members thereof.
YARD - means an open space on a lot unoccupied and unobstructed by any building or structure, except
as otherwise provided for in this Bylaw. For the purposes of this definition a fence is not considered a
structure. (4500.053; 2013-DEC-16)
Part 6 - Page 1
General Regulations City of Nanaimo Zoning Bylaw
PART 6 - GENERAL REGULATIONS
6.1
USES PERMITTED IN ALL ZONES
6.1.1 The following uses are permitted in all zones:
a) General institutional uses subject to the regulations contained in the (CS1) Community
Service One Zone
b) Transportation corridors, including streets and railways (4500.073; 2015-MAR-16)
c) Unattended utility building. In this case, unattended shall mean there is no attendant
or employee present on the lot
d) Nature Park
e) Nature Sanctuary
f) Community Garden
g) Emergency Shelter, on a temporary basis when an extreme weather alert has been
issued in accordance with the Assistance to Shelter Act (4500.219; 2024-MAR-04)
6.1.2 Above ground storage of flammable and combustible products is permitted for use on all
lots where the total storage capacity does not exceed:
a) 23,000 litres, when stored in relation to commercial and industrial uses; and
b) 3,785 litres, when stored in relation to residential uses.
6.1.3 An urban food garden shall be permitted in all zones provided that:
a) The total area which may be under cultivation on any given parcel shall not exceed
more than 600m2 in area except where the lot size is greater than 2,400m2, in which
case an urban food garden shall not exceed 25% of the lot area.
b) Production shall be limited the growing and harvesting of fruits, vegetables and edible
plants, but specifically excludes the growing of mushrooms.
c) On-site sales of edible plants shall be permitted within roadside stands for products
grown on site provided that:
i.
the size of the roadside stand does not exceed a Gross Floor Area of 9m2;
ii.
no more than 5 vehicle trips per day are generated by sales related to the
urban food garden;
iii.
on-site sales and roadside stands are limited to no more than 60 days
within a calendar year; and
iv.
the roadside stand is located on the property and does not impede sight
lines from the driveway. (4500.012; 2012-APR-16)
d) No artificial lighting shall be used.
e) No pesticides or herbicides shall be used.
f) The urban food garden does not create noise, dust, vibration, odour, smoke, glare, fire
hazard, or any other hazard or nuisance, to any greater or more frequent extent than
that usually experienced in the applicable zone under normal circumstances wherein
no urban food garden exists.
g) The location and siting of the urban food garden meets all the watercourse setting
requirements, as specified in Section 6.3 of this Bylaw.
h) An urban food garden shall not be permitted where a farm defined under the
Assessment Act is permitted.
Part 6 - Page 2
General Regulations City of Nanaimo Zoning Bylaw
6.2
CONTAINERS (4500.017; 2012-JUN-11)
6.2.1 The use of land for the placement of containers shall be prohibited in all zones, with the
following exemptions:
6.2.1.1
Containers may be used for shipping as related to 'Truck and Boat Terminal',
'Dock' or 'Railway Yard' uses permitted in the Industrial (I4) zone.
6.2.1.2
Containers shall be permitted as an accessory use for a temporary period,
subject to the following requirements:
Zones
Length of
Temporary Use
Max Allowable Size
of Container
No. of
Containers
Permitted on
Property
I4
2 years
30m2
No more than 2
I1,I2 and I3
1 year
30m2
No more than 1
CC3, CC4,
and DT6
6 months within a
calendar year
30m2
No more than 1
All Other
Zones
30 days within a
calendar year
20m2
No more than 1
(4500.182; 2021-DEC-06)
6.2.1.3
Notwithstanding 6.2.1.2, the container shall only be used to store materials
or products that are incidental to the operation of the business or facility
located on the parcel and shall not be used for mini-storage.
6.2.1.4
Notwithstanding 6.2.1.2, no container may be located within the setback
area, as specified within the applicable zone, and within 3m from any lot
line adjoining a property zoned for residential use.
6.2.1.5
A container may be used for the temporary storage of tools and materials
during the construction or maintenance of any utility, building or structure
for which a required building permit has been obtained and remains active,
provided the container is removed within 14 days upon completion of the
construction.
6.2.1.6
One container per lot intended for use as an emergency preparedness
kiosk shall be permitted in all Community Service zones, to a maximum of
20m2 in area.
6.2.1.7
The manufacture of containers is permitted as an 'Industry' or 'Light
Industry' use in the Highway Industrial (I1), Light Industrial (I2), High Tech
Industrial (I3) and Industrial (I4) zones.
6.2.1.8
The sale and rental of containers is permitted as a 'Tools / Equipment
Rentals and Sales' in the Highway Industrial (I1) and High Tech Industrial
(I3) zones. (4500.158; 2019-DEC-02)
6.2.1.9
Containers with a size no greater than 30m2 shall be permitted as an
accessory use in the PRC1, PRC2, and PRC3 zones where screened from
view from streets. No more than 1 container shall be permitted per PRC1,
PRC2, or PRC3 zoned lot. (4500.219; 2024-MAR-04)
Part 6 - Page 3
General Regulations City of Nanaimo Zoning Bylaw
6.3
LOCATION AND SITING OF BUILDINGS AND STRUCTURES TO WATERCOURSES
AND THE SEA (4500.199; 2022-JUL-04)
6.3.1 A leave strip from a watercourse or from the sea shall be required as follows:
(4500.199; 2022-JUL-04)
6.3.1.1
The leave strip adjacent to ponds, lakes, and wetlands identified in "Schedule
C - Watercourses" shall include the bed and area between the water's edge
and a perpendicular line inland 15m from the wetland boundary.
6.3.1.2
The leave strip adjacent to the sea shall include that area between the
water's edge and a perpendicular line inland 15m from the natural boundary.
6.3.1.3
The leave strip adjacent to a standard dyke right-of-way or structure for flood
protection or seepage control shall include that area between the water's
edge and a perpendicular line inland 7.5m from the inboard toe of any flood
protection structure.
6.3.1.4
The leave strip on each side of all watercourses identified in Schedule C shall
include that area between the centre of the watercourse and a perpendicular
line inland from the top of bank to the distance indicated on Schedule C for
each watercourse. (4500.199; 2022-JUL-04)
6.3.1.5
[Deleted] (4500.199; 2022-JUL-04)
6.3.1.6
Where the location of a watercourse identified in Schedule C and its location
on the ground, as determined by a BC land surveyor, do not agree the
location on the ground shall prevail for the purpose of establishing the leave
strip.
6.3.2
No building, structure, road, parking lot, driveway, patio, games court or other
impermeable surface shall be located within a leave strip.
6.3.3.
Where the location of a natural boundary, wetland boundary, top of bank, or the
boundary of the leave strip of a watercourse cannot be verified to the reasonable
satisfaction of the General Manager of the Community Safety and Development
Division, or another person appointed by the Council of the City of Nanaimo, the
applicant must submit a site plan certified by both a BC land surveyor and a Qualified
Registered Professional identifying those boundaries that are not verified.
(4500.199; 2022-JUL-04)
6.3.4
Where the location of a flood construction level of a watercourse cannot be verified to
the reasonable satisfaction of the General Manager of the Community Safety and
Development Division, or another person appointed by the Council of the City of
Nanaimo, the applicant must submit a site plan certified by a Geotechnical Engineer
identifying those boundaries that are not verified.
6.3.5
No development or alteration of land shall be permitted within a leave strip or
watercourse.
Part 6 - Page 4
General Regulations City of Nanaimo Zoning Bylaw
6.4
FLOOD CONTROL REQUIREMENTS
6.4.1 In addition to the regulations of Subsection 6.3.1., the following structures shall not be
lower than the Flood Construction Level of the Nanaimo River or Millstone (as per
floodplain mapping of the Nanaimo River and Millstone River), nor lower than 1.5m above
the natural boundary of a sea or watercourse;
a) the underside of the floor system of any building, structure, or mobile home used for
habitation;
b) the underside of the floor system of any building, structure or mobile home used for
business or storage of goods, which can be damaged by water; or
c) the underside of the floor system of any building, structure, or mobile home used for
housing a furnace.
6.4.2 Where fill is used to achieve the required elevation stated in Subsection 6.4.1., the toe of
the fill slope shall not be closer than the distances required in Subsection 6.3.1. The
structural support and / or landfill shall be protected against scour and erosion from flood
flows, wave action, ice, and other debris.
Part 6 - Page 5
General Regulations City of Nanaimo Zoning Bylaw
6.5.
PROJECTIONS INTO YARDS
6.5.1 The following table outlines features which may project into the front, side, or rear yard,
as specified, and any conditions of the permitted projection:
Feature
Permitted Projection into
Required Yard Setback
Conditions
Front
Side
Flanking
Side
Rear
Eaves,
Exterior
finishes,
Gutters,
Cornices
1m
0.75m
1m
1m
Steps and
Landings
2m
- - -
2m
2m
Features less than 0.6m
above finished grade
have no required setback.
(4500.158; 2019-DEC-02)
Wheelchair
Ramps
No
setback
required
No
setback
required
No
setback
required
No
setback
required
Chimney
0.6m
0.75m
0.75m
0.6m
Only two such features
shall be permitted per
dwelling unit.
Bay Window
0.6m
- - -
0.6m
0.6m
The project area must be
at least 0.6m above the
floor.
Maximum length of
projected feature shall be
3m; the maximum height
shall not exceed 2.4m.
Hutch
- - -
0.6m
- - -
0.6m
Only one such feature per
side yard
The maximum height and
length of the projected
feature shall not exceed
3m.
Open Deck
2m
- - -
2m
2m
Where attached to an
accessory building, an
open deck shall be set
back a minimum of 5.5m
from the rear lot line that is
adjacent to a residential-
zoned property.
(4500.223; 2024-JUN-17)
Underground
Parking
Structures
See
Condition
s of Use
No
setback
required
No
setback
required
No
setback
required
An underground parking
structure shall be a
minimum of 1.8m from the
front lot line where multiple
family residential is a
permitted use.
Entry Porticos
or Canopies
(4500.219; 2024-
MAR-04)
2m
0.75m
1m
2m
Such features shall not be
permitted on single
residential dwellings or
duplexes.
Front Porch
(4500.158; 2019-
DEC-02)
2m
- - -
2m
- - -
Such features shall only be
allowed to project on a
single residential dwelling,
a duplex, or an accessory
building containing a
secondary suite. Only one
front porch per dwelling
unit or secondary suite
may project into a setback.
Part 6 - Page 6
General Regulations City of Nanaimo Zoning Bylaw
Feature
Permitted Projection into
Required Yard Setback
Conditions
Front
Side
Flanking
Side
Rear
Cantilevered
solar shading
device,
photovoltaic
panel, and
green walls
(4500.092; 2016-
FEB-01)
0.6m
0.6m
0.6m
- - -
Heat Pumps or
Central Air
Conditioning
Units
(4500.219;
2024-MAR-04)
No setback
required
No setback
required
No setback
required
No setback
required
Where the principal use of
the lot is single residential
dwelling or duplex, such
features shall be screened
from view from streets.
- - - = No Projection Permitted
6.5.2 [Deleted] (4500.012; 2012-APR-16) (4500.158; 2019-DEC-02) (4500.182; 2021-DEC-06)
(4500.219; 2024-MAR-04)
6.5.3 Notwithstanding Subsection 6.5.1, with the exception of wheelchair ramps and eaves, no
other projections are permitted from an accessory building. (4500.031; 2012-DEC-03)
Part 6 - Page 7
General Regulations City of Nanaimo Zoning Bylaw
6.6
ACCESSORY USES - BUILDINGS AND STRUCTURES
6.6.1 Unless otherwise specified, uses, buildings or structures accessory to the permitted use
of a parcel of land are permitted in each zone, provided that:
a) the principal use is being performed on the parcel; or
b) a building for the purpose of the principal use has been constructed, or is in the process
of being constructed, on the parcel through an active building permit.
6.6.2 Accessory buildings shall not be closer than 1.2m to any principal building or other
accessory building, as measured between the foundations of each or from the exterior
wall where no foundation is present. Where the accessory building contains a secondary
suite, the accessory building shall not be closer than 3m to a principal building, as
measured between the foundations of each. (4500.219; 2024-MAR-04)
6.6.3 Accessory buildings shall be subject to the rear yard setback requirements, as specified
on the following table:
Zone
Rear Yard Setback
Rear Yard Setback - Lane
R1, R2, R3, R4,
R5, R6, R7, R10,
R14, AR1, or AR2
1.5m
1.0m
3.0m - where dedication to
achieve the required lane
width1 has not taken place
All Other Zones
3.0m
1.5m
3.0m - where dedication to
achieve the required lane
width1 has not taken place
1 required lane width as determined by the City of Nanaimo 'Manual of Engineering
Standards and Specifications'
(4500.036; 2013-APR-22) (4500.073; 2015-MAR-16) (4500.223; 2024-JUN-17)
6.6.3.1
Notwithstanding Subsection 6.6.3, the minimum rear yard setback for an
accessory building shall be 1.5m regardless of zoning, provided that:
a)
the accessory building has a Gross Floor Area of less than 10m2;
b)
the accessory building is a placed directly on, but not affixed to, the
ground or on blocks which are affixed to the ground; and
c)
the height of an accessory building does not exceed 3m.
(4500.158; 2019-DEC-02) (4500.182; 2021-DEC-06)
6.6.3.2
Notwithstanding Subsection 6.6.3., where the lot is a through lot, one
accessory building may be located within one of the front yard setback
areas up to 1.5m from the front and side yard lot lines provided the
accessory building has a Gross Floor Area of less than 10m2.
(4500.182; 2021-DEC-06)
6.6.4 An accessory building shall not be permitted within the front yard, side yard, or flanking
side yard setback, as established for principal buildings within the applicable zone, except
where the side yard setback is 0m where an accessory building shall not be closer than
1.5m to any side lot line. (4500.219; 2024-MAR-04)
Part 6 - Page 8
General Regulations City of Nanaimo Zoning Bylaw
6.6.5 The maximum height of an accessory building may vary depending of the roof pitch, but
shall not exceed the corresponding maximum height provided in the following table:
Roof Pitch
Maximum Height
< 6:12
4.5m
≥ 6:12*
5.0m
≥ 8:12*
5.5m
*For an area of at least 80% of all roof surfaces measured in plan view
6.6.5.1
Notwithstanding the maximum permitted accessory building heights
prescribed in Subsection 6.6.5., the maximum permitted height for the
accessory building shall be 7m, where the accessory building:
a)
has a roof pitch of 6:12 or greater, contains a secondary suite on
the second storey, and the total floor area with a ceiling height of at
least 2.1m of the second storey is no greater than 80% of the total
floor area of the first storey; or (4500.223; 2024-JUN-17)
b)
is located outside of the required yard setback area for a principal
dwelling; or (4500.182; 2021-DEC-06)
c)
is located within the Medium Density Residential (R8), High Density
(High Rise) Residential (R9) or City Commercial Centre (CC3)
Zone.
6.6.5.2
[Deleted] (4500.014; 2012-JUN-11) (4500.223; 2024-JUN-17)
6.6.6 The total Gross Floor Area of all accessory buildings on a lot shall be as follows:
Lot in Zone
Maximum Gross Floor Area
R1, R2, R3, R4,
R5, R6, R7, R10,
AR1 or AR2
The total combined Gross Floor Area of all accessory buildings on
the lot shall not exceed 100m2.
All Other Zones
The Gross Floor Area of an accessory building shall not exceed that
of the principal building.
(4500.073; 2015-MAR-16) (4500.223; 2024-JUN-17)
6.6.6.1
Notwithstanding Subsection 6.6.6, within the AR1 and AR2 Zones any
portion of an accessory building which is used for agriculture or horticulture
purposes shall not be included in the calculation of Gross Floor Area.
6.6.6.2
Notwithstanding Subsection 6.6.6, a maximum of 42m2 used exclusively
for parking purposes may be excluded from the calculation of Gross Floor
Area for an accessory building where a garage or carport does not exist
within the principal building. (4500.012; 2012-APR-16)
Part 6 - Page 9
General Regulations City of Nanaimo Zoning Bylaw
6.7
TEMPORARY USES - BUILDINGS AND STRUCTURES
6.7.1
The following uses, buildings or structures are permitted to the extent specifically stated:
6.7.1.1
Temporary structures or buildings erected for the purpose of:
a)
temporary office space in a zone permitting the office use, subject to
other requirements of this Bylaw; or
b)
shelter for construction or maintenance crews; or
c)
temporary buildings or structures for the housing of a security guard
or night watchman; or
d)
a sales office for subdivision, provided the office does not exceed a
Gross Floor Area of 70m2; or
e)
the storage of materials for the construction or maintenance of any
utility, or a building or structure for which a required building permit
has been obtained; provided the temporary structure or building is
removed within 30 days of completion of the permanent utility,
building or structure or 12 months after the temporary building is
erected or installed, whichever is the lesser period.
6.7.2
Temporary buildings or structures for classrooms on property zoned for academic
schools and subject to the parking requirements for the facility.
6.7.3
Temporary buildings or structures for the purpose of seasonal vending on properties
included within the Parks, Recreation and Culture, Downtown and Commercial Centre
zones provided that:
a)
the use is permitted in the zone; and
b)
the temporary building or structure meets the requirements of the Building Bylaw;
and
c)
the temporary building or structure is connected to the City of Nanaimo water and
sewer systems if food is served; and
d)
the use meets the parking requirements of this Bylaw; and
e)
the temporary building is not located on space required for parking, setback, or
open space within the site.
(4500.158; 2019-DEC-02)
6.7.4 The temporary use of a building, or part thereof, as a polling station for any election,
referendum or census.
6.7.5 The temporary use of a building, or part thereof, as a campaign headquarters for a political
candidate.
6.7.6 A maximum of one fabric covered structure is permitted as an accessory use on each lot
for a maximum of 120 days in a calendar year.
6.7.7 Temporary accommodation within a recreational vehicle is permitted during the
construction of a single residential dwelling provided a building permit has been issued for
the lot and is in good standing. This accommodation shall not include the renting or letting
of recreational vehicles.
6.7.8 Temporary accommodation within a recreational vehicle is also permitted for non-paying
guests of the owner or occupant of a single residential dwelling on the lot, provided such
use does not exceed 42 days in the calendar year. This accommodation shall not include
the renting or letting of recreational vehicles.
Part 6 - Page 10
General Regulations City of Nanaimo Zoning Bylaw
6.8
HEIGHT EXEMPTIONS
6.8.1 The following types of buildings, structures or structural parts shall not be subject to the
height requirements of this Bylaw:
6.8.1.1 Religious Institution spires; belfries; monuments; fire and hose towers; stadiums;
transmission towers; chimneys; flag poles; radio towers; radio masts; aerials; water
tanks; wind turbines; cooling towers; sustainable building technologies; storage
sheds; elevator and ventilating machinery or enclosures for such structures or
structural parts, provided that no such structure shall cover more than 20 percent
of the lot or, if located on a building, not more than 10 percent of the roof area.
6.8.1.2 Accessory farm buildings used for agriculture purposes.
6.8.2 Notwithstanding Subsection 6.8.1, no structure listed in Subsection 6.8.1.1 and located
within a residential zone shall exceed twice the maximum allowable height permitted by
the zone; the height of the structure being measured from the average natural grade of
the lot.
6.9
VISIBILITY AT INTERSECTIONS
6.9.1. Where two streets intersect, there shall be no obstruction to the line of vision between
1.2m and 3m within an area bounded by the centre line of intersecting lot lines and a
line joining each of the lot lines 7m from their point of intersection.
(4500.073; 2015-MAR-16)
Part 6 - Page 11
General Regulations City of Nanaimo Zoning Bylaw
6.10
FENCE HEIGHT
6.10.1 Fence height shall be determined by measuring vertically from the grade shown on the
final lot grading plan, as approved by the subdivision approving officer, or finished
grade on the low side of the retaining wall or fence. Where no grading plan exists,
fence height shall be measured vertically from natural or finished grade, whichever is
lower, to the highest part of the fence.
6.10.2 The height of a fence shall not exceed the maximum height shown in the following
table:
Zones
Front
Yard
Side
and
Rear
Yard
Flanking
Side Yard
Conditions of Use
R1 to R10, R14, R15,
CD9 to CD12
1.2m
2.4m
1.8m
R12
Total site area.
1.8m
1.8m
1.8m
R12 Individual
mobile home lots.
1.2m
1.2m
1.2m
R11
2.4m
2.4m
2.4m
AR1 and AR2
2.4m
2.4m
2.4m
Commercial
Centre Zones and
CD13
1.2m
1.2m
1.8m
See Subsection 6.10.6
All Corridor and
Downtown Zones
1.2m
1.8m
1.8m
See Subsection 6.10.6
All Part 10
Industrial Uses
2.4m
2.4m
2.4m
Open mesh or chain link
type fences are exempt
from height
requirements.
CS1
1.2m
1.8m
1.2m
CS2, CS3
2.4m
2.4m
2.4m
Where the use is a Jail
no fence height
restrictions shall apply.
All Part 12 Parks,
Recreation and
Culture Zones
3m
3m
3m
Open mesh or chain link
type fences are exempt
from height
requirements.
(4500.031; 2012-DEC-03) (4500.158; 2019-DEC-02) (4500.182; 2021-DEC-06)
(4500.202; 2023-APR-17) (4500.219; 2024-MAR-04) (4500.215; 2024-MAY-27)
(4500.223; 2024-JUN-17) (4500.213; 2026-MAR-23)
6.10.3 Fence additions, such as barbwire or ornamentation, shall be included in the calculation
of total fence height.
6.10.4 Guardrails up to a maximum height of 1.07m located on retaining walls with a height of
1.5m or greater may be excluded from the calculation of fence height provided:
a)
the guardrail is required by the BC Building Code; or
b)
the guardrail is recommended by a Qualified Registered Professional and
constructed in accordance with the handrail dimensions of the City of Nanaimo
"Manual of Engineering Standards and Specifications", Section 8.0, Drawing CS-
31, and any amendments thereto.
(4500.182; 2021-DEC-06) (4500.199; 2022-JUL-04)
Part 6 - Page 12
General Regulations City of Nanaimo Zoning Bylaw
6.10.5 Notwithstanding Subsection 6.10.2, where the fence is not located within the required yard
setback area, the maximum allowable height for a fence in all zones shall not exceed 3m.
(4500.031; 2012-DEC-03)
6.10.6 Notwithstanding Subsection 6.10.5, the height of a fence located outside of the required
yard setback area in all Commercial Centre, Corridor, and Downtown zones shall not
exceed:
a)
1.2m where located within 3m of a front lot line; and
b)
1.8m where located within 3m of a flanking lot line.
(4500.182; 2021-DEC-06)
6.10.7 Trellis, gate, arbor, or similar ornamental structures within a required yard setback area
may be excluded from the calculation of fence height provided that such a feature:
a)
demarcates a pedestrian access;
b)
does not exceed 2.4m in height;
c)
does not exceed 2.0m in width; and
d)
complies with Section 6.9 (visibility at intersections) of this Bylaw.
(4500.235; 2025-JUL-21)
6.10.8 Notwithstanding Subsection 6.10.2, the maximum height of a fence adjacent to a park
shall not exceed 1.2m. (4500.235; 2025-JUL-21)
6.11
SWIMMING POOLS
6.11.1 Residential swimming pools and hot tubs shall not be constructed or located within any
required front yard or located within 1.5m of any other lot line.
6.11.2 Swimming pools shall be enclosed in a structure or shall be enclosed or surrounded by a
fence, as specified in the Building Bylaw. (4500.158; 2019-DEC-02)
Part 6 - Page 13
General Regulations City of Nanaimo Zoning Bylaw
6.12
VEHICLE RESTRICTIONS
6.12.1 No lot in any zone shall be used for the wrecking or storage of derelict vehicles or more
than two unlicensed motor vehicles, except where specifically permitted in that zone.
6.12.2 No residentially zoned lot shall be used for the parking, storage, or repair of a commercial
vehicle which has, or at any time has had, a licensed gross vehicle weight greater than
8,600kg, as indicated on a present or past commercial vehicle registration.
6.12.3 a) Where the principal use is single residential dwelling, the maximum total combined
number of motor vehicles, recreational vehicles, and recreational boats parked or
stored on a lot shall be: four, or an amount equal to the number of parking spaces
required by the Parking Bylaw, whichever is greater; and
b) Where the principal use is multiple family dwelling and there is no more than four
dwelling units on the lot, the maximum total combined number of motor vehicles,
recreational vehicles, and recreational boats parked or stored on a lot shall be: three
per principal dwelling unit, or an amount equal to the number of parking spaces
required by the Parking Bylaw, whichever is greater. (4500.223; 2024-JUN-17)
6.12.4 No lot zoned residential shall be used for the parking, storage or repair of commercial
boats.
6.12.5. Where the lot is zoned residential and an identifiable commercial vehicle is parked on the
property, the vehicle must be for use of the property resident and that resident must be an
employee or owner of the company the vehicle is identified with. (4500.223; 2024-JUN-17)
6.12.5.1.
Notwithstanding Subsection 6.12.5, identifiable company vehicles
associated with a home-based business shall be limited to the number of
off-street parking spaces required for the home-based business and any
marshalling or staging of vehicles is strictly prohibited.
(4500.149; 2020-APR-06)
6.12.6. No lot zoned residential shall be used for the storage or repair of commercial vehicles
having a gross vehicle weight greater than 8,600kg. (4500.092; 2016-FEB-01)
6.13
MOBILE HOME PARKS
6.13.1 No person shall establish, construct or extend a mobile home park in contravention of the
City of Nanaimo "Mobile Home Park Bylaw 1984 No. 2074", and amendments thereto.
6.14
NEIGHBOURHOOD PUB AND LOUNGE OCCUPANCY
6.14.1 The maximum patron occupancy for a neighbourhood pub shall not exceed 175 patrons.
6.14.2 The maximum patron occupancy for a lounge shall not exceed 50 patrons.
Part 6 - Page 14
General Regulations City of Nanaimo Zoning Bylaw
6.15
SECONDARY SUITES
6.15.1 Secondary suites shall be permitted as an accessory use, subject to conditions of use as
specified in individual zones, in all zones where the following uses are permitted as a
principal use and where such use is present on the lot:
a) single residential dwelling;
b) duplex;
c) row house; and
d) multiple family dwelling where the principal dwelling unit is in a separate building from
any other principal dwelling unit or the principal dwelling unit is adjoined to another
principal dwelling unit on either side and no other principal dwelling unit is above or
below.
(4500.031; 2012-DEC-03) (4500.158; 2019-DEC-02) (4500.223; 2024-JUN-17)
6.15.2 Notwithstanding Subsection 6.15.1., secondary suites are subject to the following
requirements:
6.15.2.1
a) Not more than one secondary suite shall be permitted per single
residential dwelling or principal dwelling unit on the lot; except:
b) where the principal use is single residential dwelling up to two secondary
suites shall be permitted provided that:
i. no other principal uses exist on the lot;
ii. the lot is not zoned R2 or R3; and
iii. exactly one of the two secondary suites is contained within an
accessory building as per the regulations under Subsection 6.15.3.
(4500.223; 2024-JUN-17)
6.15.2.2
Notwithstanding Subsection 6.15.1., secondary suites are not permitted in a
mobile home.
6.15.2.3 [Deleted] (4500.223; 2024-JUN-17)
6.15.2.4
a) Where accessory to a single residential dwelling and contained in the
same building, the gross floor area of a secondary suite shall not exceed
40% of the habitable floor space of the principal building up to a
maximum of 100m2.
b) Where accessory to a dwelling unit in a duplex, row house, or multiple
family dwelling residential use, the gross floor area of a secondary suite
shall not exceed the gross floor area of the principal dwelling unit up to
a maximum of 100m2.
(4500.012; 2012-APR-16) (4500.223; 2024-JUN-17)
6.15.3 A secondary suite can be included within an accessory building where the principal use is
a single residential dwelling, provided that: (4500.223; 2024-JUN-17)
6.15.3.1
the accessory building is located on any of the following:
a) a lot zoned R5 or R14;
b) a corner lot;
c) a lot whose side or rear lot line abuts a lane;
d) a through lot; or
e) a lot that is 500m2 in area or greater; and (4500.223; 2024-JUN-17)
6.15.3.2
no secondary suite within an accessory building shall be stratified from the
principal dwelling unit to which it is accessory; and (4500.219; 2024-MAR-04)
6.15.3.3
a minimum area of 30m2 of private open space is provided for the secondary
suite tenants, the open space shall be permitted in the required yard setbacks,
but shall not include space used for parking purposes; and
6.15.3.4
the maximum size of the secondary suite does not exceed that permitted for
an accessory building within the applicable zone, up to a maximum of 100m2;
and (4500.223; 2024-JUN-17)
6.15.3.5
the accessory building is not a mobile home and the suite is not included within
a mobile home. (4500.073; 2015-MAR-16)
Part 6 - Page 15
General Regulations City of Nanaimo Zoning Bylaw
6.16
SHORT-TERM RENTAL
(4500.233; 2025-JAN-20)
6.16.1 A Short-Term Rental is permitted to be accommodated in an entire dwelling unit or
bedroom(s) provided it is located within the short-term rental operator's primary
residence.
6.16.2 Where a primary residence includes a single residential dwelling with a secondary suite
and/or a secondary suite in an accessory building, only one short-term rental is
permitted per lot.
6.16.3 Where a primary residence includes a multiple family dwelling with a secondary suite,
only one short-term rental is permitted with the multiple family dwelling or associated
secondary suite.
6.16.4 A short-term rental stay must be less than 30 consecutive days.
6.16.5 Where an entire dwelling unit is used or intended to be used for short-term rental, a
maximum of four (4) persons, 19 years of age or older are permitted to occupy the short-
term rental at one time.
6.16.6 Where only bedrooms are used or intended to be used for short-term rental:
6.16.6.1
The bedrooms are permitted to operate as a short-term rental year-round
(365 days per year);
6.16.6.2
A maximum of two (2) bedrooms are permitted to be rented in the primary
residence;
6.16.6.3
The two (2) bedrooms must be operated as one (1) short-term rental
accommodation; and
6.16.6.4
A maximum of four (4) persons, 19 years of age and older are permitted to
occupy the short-term rental.
6.17
ROOMING HOUSE
6.17.1 Where permitted in this Bylaw, a rooming house use shall be subject to the following
conditions of use:
6.17.1.1
The total number of occupants within a rooming house shall not exceed
10.
6.17.1.2
The total number of sleeping units within a rooming house shall not
exceed 10.
6.17.1.3
Notwithstanding Subsections 6.17.1.1 and 6.17.1.2, the total number of
occupants and sleeping units within a rooming house can exceed 10
provided the owner of the rooming house has entered into a Housing
Agreement with the City, as per Section 483 of the Local Government Act.
(4500.158; 2019-DEC-02)
6.17.1.4
Where a rooming house use exists no other use shall be permitted on the
lot.
Part 6 - Page 16
General Regulations City of Nanaimo Zoning Bylaw
6.18
SENIORS CONGREGATE HOUSING
6.18.1 Where permitted in this Bylaw, a senior's congregate housing facility shall be subject to
the following conditions:
6.18.1.1
The Gross Floor Area of a dwelling unit shall not be less than 26m2 and not
more than 75m2.
6.18.1.2
Accessory personal service and accessory convenience store uses, where
they are provided, shall be contained within the seniors' congregate housing
facility and shall only be accessible from an internal hallway or corridor. The
combined total floor area of all accessory personal service and accessory
convenience store uses shall not exceed 150m2 of net floor area.
6.19
DAY CARE
6.19.1
Day care for a maximum of 16 persons is permitted in any zone subject to the following:
6.19.1.1
Section 6.20 does not apply to a day care facility operated as a home based
business in a residential zone.
6.19.1.2
A day care facility may be contained in a principal, an accessory, or a
combination of principal and accessory buildings.
6.19.1.3
In a residential zone, not more than one day care facility shall be permitted
per dwelling unit, accessory building, or combination of them.
6.19.1.4
In a residential zone, any person residing within the dwelling unit may be
engaged in the operation of a day care facility in that dwelling unit.
6.19.1.5
In a residential zone, the dwelling unit in which the day care operates shall
be the primary residence of the day care business license holder or his / her
spouse. (4500.219; 2024-MAR-04)
6.19.1.6
In a residential or institutional zone, retail sales are specifically excluded in
the operation of a day care facility.
6.19.1.7
All storage related to the day care facility must be wholly contained within
permanent buildings.
Part 6 - Page 17
General Regulations City of Nanaimo Zoning Bylaw
6.20
HOME BASED BUSINESS
(4500.149; 2020-APR-06)
6.20.1 A home-based business shall be permitted:
a)
in any dwelling unit or secondary suite, regardless of zoning, provided it
meets all other applicable requirements of this section; and
b)
in a recreational vehicle in the Recreational Vehicle Park (R11) zone,
provided it meets all other applicable requirements of this section.
6.20.2 Any person residing within the dwelling unit, secondary suite, or recreational vehicle may
be engaged in the home-based business. At least one resident of the dwelling unit,
secondary suite, or recreational vehicle must hold a business licence for the home-based
business.
6.20.3 Home-based businesses shall be categorized as Type 1, Type 2, or Type 3 based on the
location of the home-based business and shall have restrictions on the maximum floor
area, number of vehicle trips, number of non-resident employees, and prohibited uses for
each home-based business type as specified within the following table:
Type 1
Type 2
Type 3
Location of the
home-based
business
Multiple Family
Dwelling unit,
Secondary Suite,
Mobile Home, Modular
Home, Recreational
Vehicle, Float Home,
or Single Residential
Dwelling on a lot
< 370m2
Single Residential
Dwelling on a lot
≥ 370m2 and
< 2,020m2
Single Residential
Dwelling on a lot
≥ 2,020m2
Maximum floor
area for the
home-based
business
42m2 or 50% of the
dwelling unit,
secondary suite, or
recreational vehicle,
whichever is less
100m2 or 50% of the
dwelling unit,
whichever is less
200m2 or 50% of the
dwelling unit,
whichever is less
Maximum
number of
customer or
client vehicle
trips per day
0
8 return trips
12 return trips
Maximum
number of non-
resident
employees
permitted to
work on-site
0
1
2
Prohibited uses
(4500.219;
2024-MAR-04)
Automotive repair of a
major or minor nature;
automotive detailing;
personal service use;
pet daycare;
carpentry, cabinet-
making, and the like;
all uses listed in
Subsection 6.20.5
Automotive repair of a
major or minor nature;
automotive detailing;
carpentry, cabinet-
making, and the like;
all uses listed in
Subsection 6.20.5
All uses listed in
Subsection 6.20.5
Part 6 - Page 18
General Regulations City of Nanaimo Zoning Bylaw
6.20.4 Notwithstanding Subsection 6.20.3, where multiple home-based businesses are
associated with a dwelling unit, secondary suite, or recreational vehicle, the maximum
combined floor area, the maximum combined vehicle trips, and the maximum combined
number of non-resident employees of all home-based businesses shall not exceed the
maximum as specified in Subsection 6.20.3.
6.20.5 The following uses are specifically prohibited as a home-based business for all home-
based business types:
a) auto body repair;
b) commercial sawmill;
c) boarding kennel, animal training, and commercial dog breeding;
d) restaurant;
e) retail sales of items other than items manufactured by the home-based
business; and
f) storage, wrecking, dismantling, painting, or metal plating of vehicles (including
recreational vehicles, boats, water vessels, aircraft, all-terrain vehicles, and
snowmobiles), equipment, or machinery.
6.20.6 Where customer or client vehicle trips to a home-based business are permitted, such trips
shall be limited to between the hours of 7am and 9pm, seven days a week.
6.20.7 Where a home-based business involves vehicle or equipment repair or service, all
vehicles or equipment under repair or to be repaired must be wholly contained within a
permanent building and shall not at any time be stored outside of a building.
6.20.8 A home-based business shall not discharge or emit odorous, toxic, or noxious matters or
vapours, heat, glare, noise, vibration, smoke, dust, effluent or other emission hazard,
electrical interference or radiation across any lot line or between dwelling units.
6.20.9 A home-based business or a portion of a home-based business may be permitted within
an accessory building subject to the following:
a)
the principal use on the subject property is a single residential dwelling;
b)
the area of the home-based-business within an accessory building does
not exceed the maximum area as specified in Subsection 6.20.3 in
combination with any portion of the home-based business within the
associated dwelling unit or secondary suite; and
c)
the accessory building is a permanent structure.
6.20.10 A home-based business and all associated storage shall be wholly contained within the
dwelling unit, secondary suite, recreational vehicle, or any accessory building associated
with the home-based business.
6.21
RESIDENTIAL SHELTER
6.21.1 The density of any dwelling unit may be increased in order to permit a residential shelter
in any zone, provided that:
a) The residential shelter is located within a single residential dwelling.
b) The maximum occupancy of a residential shelter does not exceed ten persons.
c) The operator of the residential shelter has entered into a Housing Agreement with the
City, as per Section 483 of the Local Government Act. (4500.158; 2019-DEC-02)
Part 6 - Page 19
General Regulations City of Nanaimo Zoning Bylaw
6.22
SUBDIVISION
6.22.1 Except as otherwise provided in this Bylaw, all lots must be serviced by a community water
system, a community sewer system and a storm sewer drainage system, other than lots
zoned R1, R2 or AR1, which are ≥ 2 hectares in area. (4500.031; 2012-DEC-03) (4500.223;
2024-JUN-17)
6.22.2 [Deleted] (4500.158; 2019-DEC-02)
6.22.3 [Deleted] (4500.219; 2024-MAR-04)
6.22.4 Nothing contained within this Bylaw or the Subdivision Control Bylaw shall be deemed to
bind the Approving Officer to approve a subdivision complying with the prescribed
minimum requirements as to the shape and dimensions of parcels if, in his or her
opinion, such minimum standards would not be adequate to accommodate the facilities,
structures and open space required by the proposed use, or to protect the established
amenities of adjoining or adjacent lands. (4500.158; 2019-DEC-02)
6.22.5 Notwithstanding the lot area requirements of this Bylaw, where the requirements are met
under each zone with respect to the provision of water service and sewage disposal,
minimum parcel size requirements shall not apply to a subdivision where:
a)
two or more parcels are being consolidated into a single parcel; or
b)
the effect of the subdivision would not increase the number of parcels but would adjust
the boundary between existing parcels, provided that the boundary change did not
result in the reduction of either parcel by more than 10% of its original parcel size; or
c)
an accretion is added to the parcel. (4500.092; 2016-FEB-01)
6.22.6 Lot area requirements do not apply to a lot created for an unattended utility, where there
is no attendant or employee ordinarily present on the lot.
6.22.7 On lands not within the Agricultural Land Reserve, subdivision under Section 514 of the
Local Government Act shall only be permitted on lots where the parent parcel size is a
minimum of 10 hectares (ha). (4500.012: 2012-APR-16) (4500.073; 2015-MAR-16) (4500.158;
2019-DEC-02)
6.22.8 For the purposes of this Bylaw, an air space parcel shall be deemed to be part of the same
lot as the parcel at ground level. (4500.182; 2021-DEC-06)
6.23
NANAIMO PARKWAY
(4500.012; 2012-APR-16) (4500.158; 2019-DEC-02)
6.23.1 Notwithstanding the setback requirements of this Bylaw, the minimum front and flanking
side yard setback shall be 20m from a property line that abuts the Nanaimo Parkway right-
of-way. (4500.182; 2021-DEC-06)
6.23.2 Notwithstanding the lot depth requirements of this Bylaw, the minimum lot depth of a lot
created by subdivision shall be 45m where a lot abuts the Nanaimo Parkway right-of-
way.
Part 7 - Page 1
Residential Zones City of Nanaimo Zoning Bylaw
PART 7 - RESIDENTIAL
7.1
DESCRIPTION OF ZONES
Zone Name
Zone
Intent of Zone
Single Dwelling
Residential
R1
This zone provides for low density, single residential dwelling developments
and also for two principal dwellings on certain corner lots.
Single Dwelling
Residential - Small
Lot
R2
This zone provides for small lot subdivisions, which are intended to
contribute to the mix of housing within the city while offering an affordable
and sustainable form of single residential dwelling developments.
Island
Residential
R3
This zone provides for low density residential development of a permanent
nature on Protection Island.
Two Unit
Residential
R4
This zone provides for two dwellings in one or two principal buildings on a
residential lot.
Three and Four Unit
Residential
R5
This zone provides for the development of small-scale multiple family
residential dwellings, of up to four units, that are compatible with the scale
or enhance the architectural style of single family residential development
within the area.
Low Density
Residential
R6
This zone provides for a mixture of low density ground-oriented multiple
family developments on lots compatible with other residential development
in the area.
Row House
Residential
R7
This zone provides for street oriented, attached, medium-density row house
dwelling units.
Medium Density
Residential
R8
This zone provides for medium-density, multiple family developments on
specific lots that are compatible with other residential and neighboring
commercial land uses.
High Density (High
Rise) Residential
R9
This zone provides for high density residential development for specific lots
that support a high rise building form.
Steep Slope
Residential
R10
This zone applies to properties identified as having steep slope
characteristics and provides for detached, single residential dwelling
subdivisions and clustered multiple family developments.
Recreational
Vehicle Park
R11
This zone provides for the creation of recreational vehicle parks and the
accommodation of persons in recreational vehicles.
Mobile Home Park
Residential
R12
This zone provides for rental or strata title mobile home park parks at a low
multi-family density as per "MOBILE HOME PARKS BYLAW 1984 NO.
2704".
Old City Low
Density (Fourplex)
Residential
R14
This zone provides for residential rehabilitation and the development of
small scale multiple family residential redevelopment that is consistent with
the historical architectural style of the area.
Old City Medium
Density Residential
R15
This zone provides for residential rehabilitation and the development of new
medium density multiple family residential redevelopments that are
consistent with the historical architectural style of the area.
(4500.002; 2011-OCT-03) (4500.014; 2012-JUN-11) (4500.031; 2012-DEC-03) (4500.158; 2019-DEC-02)
(4500.182; 2021-DEC-06) (4500.219; 2024-MAR-04) (4500.223; 2024-JUN-17)
Part 7 - Page 2
Residential Zones City of Nanaimo Zoning Bylaw
7.2
PERMITTED USES
7.2.1
The uses listed in the following table shall be permitted where indicated within the
corresponding specified zone, and may be carried subject to the conditions of use:
Use
Zone
Conditions of
Use
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12
R14
R15
Duplex
P
--
--
P
P
P
--
--
--
--
--
--
P
P
See
Subsection
7.2.2
Hotel
--
--
--
--
--
--
--
SS
--
--
--
--
--
--
Mobile
Home Park
--
--
--
--
--
--
--
--
--
--
--
P
--
--
Subject to the
"MOBILE
HOME
PARKS
BYLAW 1984
NO. 2704"
Multiple
Family
Dwelling
--
--
--
--
P
P
P
P
P
P
--
--
P
P
Within the R5
zone, a
maximum of
two principal
buildings shall
be permitted
on a lot.
Within the R7
zone, multiple
family dwelling
shall only be
permitted
where the lot
area is
1,500m2 or
greater
Park Model
Trailer
--
--
--
--
--
--
--
--
--
--
P
P
--
--
Personal
Care
Facility
--
--
--
--
--
--
--
SS
--
--
--
--
--
--
Recreation
al Vehicle
Park
--
--
--
--
--
--
--
--
--
--
P
--
--
--
Rooming
House
--
--
--
--
--
P
--
P
--
--
--
--
P
P
Subject to
Part 6
Row
House
--
--
--
--
--
--
P
--
--
--
--
--
--
--
Single
Residential
Dwelling
P
P
P
P
P
P
--
P
P
P
P
P
P
P
See
Subsection
7.2.2
(4500.014; 2012-JUN-11) (4500.036; 2013-APR-22) (4500.053; 2013-DEC-16)
(4500.158; 2019-DEC-02) (4500.223; 2024-JUN-17) (4500.228; 2025-JUL-21)
P
= Permitted Use
--
= Use Not Permitted in this Zone
SS
= Site Specific Use
7.2.2 Notwithstanding Subsection 7.2.1, within the R1 zones where a corner lot has a lot area
greater than 700m2 but does not meet the lot area, lot depth or lot frontage requirements for
Part 7 - Page 3
Residential Zones City of Nanaimo Zoning Bylaw
subdivision, a total of up to two single residential dwellings or one duplex shall be permitted
provided one front door faces the front yard and the other front door faces the flanking side yard.
(4500.036; 2013-APR-22) (4500.092; 2016-FEB-01) (4500.158; 2019-DEC-02)
(4500.223; 2024-JUN-17)
7.2.3 The uses listed in the following table shall be permitted as an accessory use where
indicated within the corresponding specified zone, as per the conditions of use:
Use
Zone
Conditions
of Use
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12
R14
R15
Boarding &
Lodging
A
A
A
A
A
A
A
A
A
A
--
--
A
A
Shall not
exceed two
sleeping units
and shall not
accommodate
more than two
persons.
Must be
included
within a
Single
Residential
Dwelling
Convenience
Store
--
--
--
--
--
--
--
A
A
--
A
A
--
--
Gross Floor
Area not to
exceed
46m2.
Daycare
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Subject to
Part 6.
Home Based
Business
A
A
A
A
A
A
A
A
A
A
--
A
A
A
Subject to
Part 6.
Office
--
--
--
--
--
--
--
--
--
--
--
A
--
--
One office is
permitted for
the
management
of a mobile
home park.
Park Model
Trailer
--
--
--
--
--
--
--
--
--
--
--
A
--
--
Secondary
Suite
A
A
A
A
A
A
A
A
A
A
--
--
A
A
Subject to
Part 6 and
Subsection
7.2.3.1.
Short-Term
Rental
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Subject to
Part 6.
Storage
Area
--
--
--
--
--
--
--
--
--
--
A
A
--
--
Where a
Mobile Home
Park or
Recreational
Vehicle Park
exists.
Subject to
the "MOBILE
HOME
PARKS
BYLAW 1984
NO. 2704"
(4500.002; 2011-OCT-03) (4500.014; 2012-JUN-11) (4500.031; 2012-DEC-03) (4500.186; 2022-FEB-07)
(4500.223; 2024-JUN-17)
A = Accessory Use Permitted
-- = Accessory Use Not Permitted in this Zone
Part 7 - Page 4
Residential Zones City of Nanaimo Zoning Bylaw
7.2.3.1
Notwithstanding Subsection 7.2.3:
a) in the R5 and R14 zones, secondary suites are only permitted where
no more than two principal dwelling units exist on the lot; and
b) in the R10 zone, secondary suites are only permitted where there is one
single residential dwelling on the lot. (4500.223; 2024-JUN-17)
7.2.4 The following uses shall be permitted on site specific basis:
Use
Permitted
Location Address
Legal Description of Permitted Location
Hotel
809 Island Highway
1577 Stewart
Avenue
THAT PART OF BLOCK D, SECTION 1, NANAIMO DISTRICT, PLAN
1748, INCLUDED IN PLAN 285R, EXCEPT PARTS IN PLANS 7822 AND
9409
LOT 1, NEWCASTLE RESERVE, SECTION 1, NANAIMO DISTRICT,
PLAN VIP58684
Personal
Care
Facility
6085, 6095 and
6081 Uplands Drive
STRATA LOT 1, DISTRICT LOT 48, WELLINGTON DISTRICT, STRATA
PLAN VIS5833, TOGETHER WITH AN INTEREST IN THE COMMON
PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE
STRATA LOT AS SHOWN ON FORM V.
LOT C, DISTRICT LOT 48, WELLINGTON DISTRICT, PLAN VIP53807,
EXCEPT THAT PART IN STRATA PLAN VIS5833 (PHASE 1)
3425 Uplands Drive
LOT C, DISTRICT LOT 18, WELLINGTON DISTRICT, PLAN EPP114091
(4500.036; 2013-APR-22) (4500.228; 2025-JUL-21)
7.3
DENSITY
7.3.1 The following table specifies the maximum allowable base density per lot for each zone listed.
Where additional density is permitted, the amount of additional density and the conditions
required to achieve it are specified in the additional density column. Where additional density
is achievable through Schedule D, that additional density shall be applied as part of the
development permit process:
Zone
Maximum Allowable Base
Density
Additional Density
R1
One single residential dwelling.
Where a corner lot has a lot area greater than 700m2 but does not
meet the lot area, lot depth or lot frontage requirements for
subdivision, a total of up to two single residential dwellings or one
duplex shall be permitted provided one front door faces the front yard
and the other front door faces the flanking side yard.
Where more than one dwelling is located on a corner lot a secondary
suite shall not be permitted in either dwelling.
Where the lot area is greater than 0.4 hectares, one additional single
residential dwelling shall be permitted.
R2
One single residential dwelling.
R3
One single residential dwelling with
a total Floor Area Ratio of no
greater than 0.55.
R4
Two dwelling units with a total Floor
Area Ratio of no greater than 0.55.
R5
Three dwelling units.
Where the lot is a 280m2 or greater in lot area, one additional
dwelling unit is permitted.
Part 7 - Page 5
Residential Zones City of Nanaimo Zoning Bylaw
Zone
Maximum Allowable Base
Density
Additional Density
R6
The maximum Floor Area Ratio
shall not exceed 0.45.
Where the development meets or exceeds the Tier 1 requirements
as described within Schedule D of this Bylaw, the maximum
allowable Floor Area Ratio may be increased by an additional 0.1.
Where the development meets or exceeds the Tier 2 requirements
as described within Schedule D of this Bylaw, the maximum
allowable Floor Area Ratio may be increased by an additional 0.15.
R7 - Row
House Lot
One dwelling unit per lot.
R7 -
Multiple
Family
Dwelling
Lot
The Floor Area Ratio shall not
exceed 0.70.
Where the development meets or exceeds the Tier 1 requirements
as described within Schedule D of this Bylaw, the maximum
allowable Floor Area Ratio may be increased by an additional 0.1.
Where the development meets or exceeds the Tier 2 requirements
as described within Schedule D of this Bylaw, the maximum
allowable Floor Area Ratio may be increased by an additional 0.25.
R8
The maximum Floor Area Ratio
shall not exceed 1.25.
Where parking spaces are provided beneath a principal building
(where the roof of the underground parking is not more than 0.8m
above the finished grade), an amount may be added to the Floor
Area Ratio equal to 0.25 multiplied by the percentage of the total
parking spaces provided underground.
Where the development meets or exceeds the Tier 1 requirements
as described within Schedule D of this Bylaw, the maximum
allowable Floor Area Ratio may be increased by an additional 0.1.
Where the development meets or exceeds the Tier 2 requirements
as described within Schedule D of this Bylaw, the maximum
allowable Floor Area Ratio may be increased by an additional 0.25.
R9
The maximum Floor Area Ratio
shall not exceed 3.00.
Where parking spaces are provided beneath a principal building
(where the roof of the underground parking is not more than 0.8m
above the finished grade), an amount may be added to the Floor
Area Ratio equal to 0.25 multiplied by the percentage of the total
parking spaces provided underground.
Where the development meets or exceeds the Tier 1 requirements,
as described within Schedule D of this Bylaw, the maximum
allowable Floor Area Ratio may be increased by an additional 0.1.
Where the development meets or exceeds the Tier 2 requirements,
as described within Schedule D of this Bylaw, the maximum
allowable Floor Area Ratio may be increased by an additional 0.25.
R10
16 dwelling units per hectare of
land or portion thereof, excluding
the watercourse leave strip area
and statutory park dedication.
Where a lot contains one or two
dwelling units, the maximum Floor
Area Ratio shall not exceed 0.55.
Where a lot contains three or more
units, the maximum Floor Area
Ratio shall not exceed 0.45.
Where the lot contains more than one unit and development meets
or exceeds the Tier 1 requirements, as described within Schedule D
of this Bylaw, the maximum allowable Floor Area Ratio may be
increased by an additional 0.1.
Where the lot contains more than one unit and development meets
or exceeds the Tier 2 requirements, as described within Schedule D
of this Bylaw, the maximum allowable Floor Area Ratio may be
increased by an additional 0.15.
R11
25 recreational vehicle spaces per
gross hectare of land or portion
thereof.
R12
20 mobile homes or park mobile
trailers pads per gross hectare of
land or portion thereof.
Part 7 - Page 6
Residential Zones City of Nanaimo Zoning Bylaw
Zone
Maximum Allowable Base
Density
Additional Density
R14
Not more than four dwelling units.
Additional density for the conversion of an older home per
Subsection 7.3.1.1.
R15
The maximum Floor Area Ratio
shall not exceed 0.85.
Where parking spaces are provided beneath a principal building
(where the roof of the underground parking is not more than 0.8m
above the finished grade), an amount may be added to the Floor
Area Ratio equal to 0.25 multiplied by the percentage of the total
parking spaces provided underground.
Additional density for the conversion of an older home per
Subsection 7.3.1.1.
(4500.002; 2011-OCT-03) (4500.012; 2012-APR-16) (4500.014; 2012-JUN-11)
(4500.031; 2012-DEC-03) (4500.036; 2013-APR-22) (4500.092; 2015-FEB-01)
(4500.158; 2019-DEC-02) (4500.219; 2024-MAR-04) (4500.223; 2024-JUN-17)
7.3.1.1 Additional density for the conversion of an older home shall be permitted in the
zones specified in Subsection 7.3.1 per a), b), and c), below.
(4500.223; 2024-JUN-17)
a) Additional density for the conversion of an older home shall be permitted where
the following conditions are met:
i.
The lot is located in the Old City Neighbourhood future land use
designation as identified in 'Schedule 2' of the City of Nanaimo "City
Plan Bylaw 2022 No. 6600";
ii.
An existing single residential dwelling that was constructed prior to
1975 is sited on the lot;
iii.
No other principal uses are present on the lot;
iv.
The lot is not stratified or otherwise part of a strata plan; and
v.
The single residential dwelling is retained.
b) Additional density for the conversion of an older home shall be permitted for
the applicable zones as specified in the following table:
Zone
Additional Density
R14
One additional dwelling unit
R15
An additional 0.15 of Floor Area Ratio
c) Additional density for the conversion of an older home is subject to the following
requirements:
a) A minimum of 80% of the building's original gross floor area is kept;
b) The number and size of windows or doors facing a front or flanking side
yard are not reduced;
c) No new floor area is proposed on the front face of the building, except
for an entry portico or front porch; and
d) The building is not raised by more than 0.6m from its original building
height.
7.3.2 Notwithstanding 7.3.1, within the R10 Zone a minimum of one single residential dwelling
shall be permitted on each lot that meets the applicable lot size requirements under
Section 7.4.
Part 7 - Page 7
Residential Zones City of Nanaimo Zoning Bylaw
7.3.3 Notwithstanding 7.3.1, within the R10 Zone where land is subdivided and park land
dedication is provided in excess of 5% of the total land area, one or more lots of the
resulting subdivision is eligible for additional dwelling units provided that the lot or lots are
identified to the City at the time of the subdivision plan filed with the City. The additional
dwelling units available for transfer to lots within a subdivision shall be calculated as 16
dwelling units per hectare of parkland dedicated in excess of 5% provided no portion of
the area used in this calculation is within a Watercourse identified in Schedule C, and its
associated leave strip(s).
7.3.4 Notwithstanding Subsection 7.3.1, the maximum allowable density shall be as expressed
in the table below for specific properties:
Civic Address
Legal Description
Maximum Allowable
Floor Area Ratio
3400 Barrington Road
3481 Rock City Road
3580 Rock City Road
3600 Rock City Road
LOTS 4, 5, 6, & 7, DISTRICT
LOT 18, WELLINGTON
DISTRICT, PLAN
EPP120017
0.45
Where parking spaces are provided
beneath a principal building (where the roof
of the underground parking is not more
than 0.8m above the finished grade), an
amount may be added to the Floor Area
Ratio equal to 0.25 multiplied by the
percentage of the total parking spaces
provided underground.
1534 Extension Road
LOT 1, SECTION 18, RANGE
4, CRANBERRY DISTRICT,
PLAN 15503, EXCEPT PLAN
EPP98272
0.65
325 Hecate Street
LOT 1, SECTION 1,
NANAIMO DISTRICT, PLAN
VIP84429
1.277
1224 Manzanita Place
LOT 2, DISTRICT LOT 18,
WELLINGTON DISTRICT,
PLAN EPP67988
0.45
Where parking spaces are provided
beneath a principal building (where the roof
of the underground parking is not more
than 0.8m above the finished grade), an
amount may be added to the Floor Area
Ratio equal to 0.25 multiplied by the
percentage of the total parking spaces
provided underground.
2202 Meredith Road
LOT 1, SECTION 17, RANGE
7, MOUNTAIN DISTRICT,
PLAN EPP83590
0.70
5645 Metral Drive
5655 Metral Drive
LOTS 3 & 4, DISTRICT LOT
23G, WELLINGTON
DISTRICT
0.75
330 Ninth Street
338 Ninth Street
LOT 1, SECTION 1,
NANAIMO DISTRICT, PLAN
37548
LOT 1, SECTION 1,
NANAIMO DISTRICT, PLAN
25112
0.62
878 Park Avenue
LOT 1, SECTION 1,
NANAIMO DISTRICT, PLAN
30265
0.81
Part 7 - Page 8
Residential Zones City of Nanaimo Zoning Bylaw
Civic Address
Legal Description
Maximum Allowable
Floor Area Ratio
154 Promenade Drive
STRATA PLAN VIS4079
3.60
405 Rosehill Street
LOT B, SUBURBAN LOT 26,
NEWCASTLE RESERVE
SECTION 1, NANAIMO
DISTRICT, PLAN 21869,
EXCEPT PLAN EPP101794
0.79
Civic Address
Legal Description
Maximum Number of Units
5300 Tanya Drive
LOT 4, DISTRICT LOT 55,
WELLINGTON DISTRICT,
PLAN 47120
24 dwelling units per hectare of land
(4500.121; 2018-JUL-09) (4500.134; 2020-APR-06) (4500.171; 2021-FEB-01) (4500.169; 2022-OCT-24)
(4500.205; 2023-OCT-16) (4500.210; 2023-DEC-18) (4500.219; 2024-MAR-04) (4500.230; 2024-DEC-16)
(4500.206; 2025-MAR-03) (4500.225; 2025-JUN-16)
7.3.5 Notwithstanding 7.3.1, not more than seven dwelling units is permitted and the maximum
Floor Area Ratio shall not exceed 0.86 on the land legally described as SOUTHERLY ½
of LOT 5, BLOCK 24, SECTION 1, NANAIMO DISTRICT, PLAN 584, HAVING A
FRONTAGE OF 66 FEET ON MILTON STREET (456 Milton Street).
(4500.193; 2022-OCT-03) (4500.219; 2024-MAR-04)
7.3.6 Notwithstanding 7.3.1, no more than 30.67 recreational vehicle spaces shall be developed
per hectare of land, or portion thereof, on land legally described as Lot C, Section 10,
Range 8, Mountain District, Plan 2977, Except That Part in Plan 146 RW (2323 Arbot
Road).
7.3.7 - 7.3.13 [Deleted and consolidated under 7.3.4] (4500.219; 2024-MAR-04)
Part 7 - Page 9
Residential Zones City of Nanaimo Zoning Bylaw
7.4
LOT SIZE AND DIMENSIONS
7.4.1. The following table specifies the minimum lot size, minimum lot frontage and minimum lot
depth of all residential lots serviced by community water, sanitary sewer, and a storm
water drainage system within the corresponding zones:
Zone
Minimum Lot Size
Minimum Lot
Frontage
Minimum Lot
Depth
R1
500m2
450m2 - L
15m
10m - L or C
30m
26.5m - L
R2
325m2
290m2 - L
10m
11.5m where lot is
a corner lot
28m
24m - L
R3
5,000m2
15m
30m
R4
600m2
550m2 - L
15m
30m
26.5m - L
R5
600m2
550m2 - L
15m
30m
26.5m - L
R6
1,200m2
15m
30m
26.5m - L
R7 - Row
House
Lot
where the side lot line
abuts an R7-zoned lot
on both sides
150m2
5.5m
27m
24m - L
where the side lot line
abuts an R7-zoned lot
on one side and there is
no flanking side lot line
200m2
7.5m
27m
24m- L
where the lot is a corner
lot
250m2
10m
27m
24m - L
R7 - Multiple Family Dwelling Lot
1,500m2
15m
27m
24m - L
R8
1,800m2
15m
30m
R9
1,800m2
15m
30m
R101
1,200m2
(see footnote 1)
15m
30m
R10
Less than 5% Slope2
(see footnote 2)
325m2
10.5m
10m C
12m where lot is a
corner lot
27.5 m
24 m - L
R11
Total Lot Area
2 hectares
18m
30m
R12
Total Mobile Home Park Lot Area
1 hectare
18m
30m
R12
Individual Mobile Home Lots
325m2
N/A
N/A
R14
750m2
15m
30m
R15
750m2
15m
30m
(4500.014; 2012-JUN-11) (4500.158; 2019-DEC-02) (4500.219; 2024-MAR-04) (4500.223; 2024-JUN-17)
L
= Indicates where the lot can be accessed from a lane abutting a side or rear property line.
C
= Indicates where a lot fronts on a cul-de-sac.
1
= Within the R10 zone Lot area may be reduced to 600m2 where the steep slope area is not included in the calculation of lot area.
2
= Within the R10 zone, the lot area may be reduced to 325m2 where the average slope of the lot does not exceed 5%, as measured on
undisturbed natural grade between the centre points of each lot line in either direction and the subdivision does not result in a density
greater than 16 dwelling units per hectare (excluding the watercourse leave strip area and excluding statutory park dedication) on the lot
proposed for subdivision. (4500.073; 2015-MAR-16)
Part 7 - Page 10
Residential Zones City of Nanaimo Zoning Bylaw
7.4.2
For the purposes of subdivision where the lot abuts a watercourse, as indicated on
Schedule C, or is subject to a geotechnical setback, the required watercourse leavestrip
or geotechnical setback area shall not be included in the calculation of a lot area.
(4500.158; 2019-DEC-02)
7.4.3
Notwithstanding Subsection 7.4.2, a geotechnical setback area may be included in lot
area for a lot within the R10 zone.
7.4.4
Notwithstanding Subsection 7.4.1, the minimum lot depth in all zones shall be 45m where
the property abuts the Nanaimo Parkway.
7.4.5
Notwithstanding Subsection 7.4.1, within the R1 zone where a lot is subdivided the
minimum lot size requirement may be reduced by up to 10% provided the average lot
size within the subdivision is equal to or greater than 500m2. (4500.002; 2011-OCT-03)
7.4.6
Notwithstanding Subsection 7.4.1, within the R11 zone the minimum recreational vehicle
space pad area shall not be less than 200m2.
7.4.7
Notwithstanding Subsection 7.4.1, within the R11 zone the minimum recreational vehicle
park lot area within a recreational vehicle park, shall not be less than 200m2 on lands
legally described as Lot C, Section 10, Range 6, Mountain District, Plan 2977, Except
That Part in Plan 146 RW (2323 Arbot Road).
7.4.8
Notwithstanding 7.4.1, the minimum lot size shall be 500m2 for the lands legally described
as SECTION C OF LOT 15, BLOCK H, SECTION 1, NANAIMO DISTRICT, PLAN 584
and SOUTH 1/2 OF SECTION D, OF LOT 15, BLOCK H, SECTION 1, NANAIMO
DISTRICT, PLAN 584, EXCEPT THE NORTHERLY 49.5 FEET (440 Kennedy Street).
(4500.194; 2022-OCT-03)
Part 7 - Page 11
Residential Zones City of Nanaimo Zoning Bylaw
7.5
SITING OF BUILDINGS
7.5.1
The following table identifies the minimum distance a principal building must be set back
from the lot line specified within each respective column heading within each zone:
Zone
Front Yard
Side Yard
Flanking Side
Yard
Rear Yard
R1
4.5m
1.5m
4.0m
7.5m
R2
4.5m
1.5m
3.0m
6.0m
R3
6.0m
1.5m
4.0m
7.5m
R4
3.0m
1.5m
2.5m
7.5m
R5
3.0m
1.5m
2.5m
7.5m
R6
3.0m
3.0m
2.5m
7.5m
R7 -
Row House Lot
3.0m
0.0m*
*Subject to
Subsection 7.5.5
2.5m
3.0m
R7 -
Multiple Family
Dwelling Lot
3.0m
1.5m
2.5m
3.0m
R8
6.0m
3.0m
4.0m
10.5m
R9
7.5m
7.5m
7.5m
7.5m
R10
4.5m
1.5m
4.0m
7.5m
R111
7.5m
7.5m
7.5m
7.5m
R121
6.0m
3.0m
6.0m
3.0m
R12
Pad Area2
4.5m
1.5m
3.0m
3.0m
R14
3.0m - first
storey
4.5m - above the
first storey
1.5m
2.5m
7.5m
R15
3.0m - first
storey
4.5m - above the
first storey
1.5m
2.5m
7.5m
(4500.014; 2012-JUN-11) (4500.223; 2024-JUN-17)
1 =
Within a mobile home park and a RV park 3m of the setback area must be landscaped in accordance
with Part 17 of this Bylaw.
2 =
Where no mobile home lots exist the front yard setback shall be taken from the road (public or private)
upon which the mobile home fronts. A mobile home shall not be closer than 3m to another mobile
home, as measured between the outside wall faces.
7.5.2 Notwithstanding Subsection 7.5.1, general provisions in Part 6 for the siting of buildings
near watercourses will also apply.
Part 7 - Page 12
Residential Zones City of Nanaimo Zoning Bylaw
7.5.3 Notwithstanding Subsection 7.5.1, all garage doors and carport entrance ways facing a
street must be setback at least 6m where:
a) the principal use is a single residential dwelling or duplex; or
b) the lot is zoned R5. (4500.031; 2012-DEC-03) (4500.073; 2015-MAR-16) (4500.223;
2024-JUN-17)
7.5.4 Notwithstanding Subsection 7.5.1, where a property line abuts a major road, an additional
2.5m front and/or flanking side yard setback is required when the dedication to achieve
the required right-of-way width has not occurred to facilitate the widening of the major
road. (4500.182; 2021-DEC-06)
7.5.5 Notwithstanding Subsection 7.5.1, within the R7 where a row house abuts another unit a
0m minimum and maximum side yard setback is required. Where a row house unit does
not abut another row house unit a 1.5m side yard setback is required.
7.5.6 Notwithstanding Subsection 7.5.1, within the R1 and R2 zones where a side yard setback
of 3m or more is provided on at least one side yard, the front yard setback may be reduced
to 4m. (4500.014; 2012-JUN-11) (4500.223; 2024-JUN-17)
7.5.7 Notwithstanding Subsection 7.5.1, where the principal use is a single residential dwelling
in the R5 or R8 zone, the minimum required setback from the property lines shall be as
specified within the R1 zone.
(4500.073; 2015-MAR-16) (4500.158; 2019-DEC-02) (4500.223; 2024-JUN-17)
Part 7 - Page 13
Residential Zones City of Nanaimo Zoning Bylaw
7.6
SIZE OF BUILDINGS
7.6.1 The following table identifies the maximum lot coverage, the maximum height of a principal
building for a flat and sloped roof building and the maximum allowable perimeter wall
height within each zone:
Zone
Lot
Coverage
Height of
Principal
Building
- Flat Roof 1
(< than 4:12
pitch)
Height of Principal
Building
- Sloped Roof 1 (≥
4:12 pitch)
Perimeter Wall Height
2
R1
40%
7m
9m
7.32m
R2
40%
7m
9m
7.32m
R3
35%
7m
9m
N/A
R4
40%
7m
9m
7.32m
R5
50%
9m
10.5m
N/A
R6
40%
7m
9m
N/A
R7 - Row
House Lot
70%
9m
10.5m
N/A
R7 - Multiple
Family
Dwelling Lot
50%
9m
10.5m
N/A
R8
40%
14m
14m
N/A
R9
40%
36m
36m
N/A
R10
40%
7m
9m
7.32m 3
R11
20%
Excluding
Recreational
Vehicles
7m
7m
N/A
R12
40%
7m
7m
N/A
R14
40%
7.75m
7.75m
N/A
R15
40%
9.5m
9.5m
N/A
(4500.012; 2012-APR-16) (4500.014; 2012-JUN-11) (4500.223; 2024-JUN-17)
1 For an area of at least 80% of all roof surfaces measured in plan view
2 Gable ends, localized depressions, and dormers to a maximum of 25% of the wall length are
exempt from the calculation of perimeter wall height. Covered decks or additional height above the
maximum perimeter wall height must be set back a minimum of 2.44m from the perimeter wall.
(4500.158; 2019-DEC-02)
3
Perimeter wall height applies only to single residential dwellings and duplex buildings in the R10
zone. (4500.182; 2021-DEC-06)
7.6.2 Notwithstanding Subsection 7.6.1, the height of a principal building in the case of LOT 4,
DISTRICT LOT 48, WELLINGTON DISTRICT, PLAN VIP78452 (6340 McRobb Avenue)
shall not exceed 66m nor 20 storeys, whichever is lesser.
Part 7 - Page 14
Residential Zones City of Nanaimo Zoning Bylaw
7.6.3 Notwithstanding Subsection 7.6.1, for a lot having an area less than 1,666.66 m2, within
the R1, R2, R9 and R10 Zones, the height of a principal dwelling may also be measured
from the curb level of the highest street abutting the property, in accordance with Table
7.6.3: (4500.073; 2015-MAR-16) (4500.223; 2024-JUN-17)
Roof Pitch
Maximum Height
A flat roof (< than 4:12 pitch)
3m
A sloped roof (a roof with a
slope ≥ a 4:12 pitch)
5.5m
For the purposes of this Subsection, the geotechnical setback and watercourse leave strip
shall not be included in the calculation of lot area.
7.6.4 Notwithstanding Subsection 7.6.1, where the principal use is a single residential dwelling
in the R5 or R8 zone, the maximum allowable lot coverage, maximum height of a principal
building, and maximum allowable perimeter wall height shall be as specified within the R1
zone. (4500.012; 2012-APR-16) (4500.158; 2019-DEC-02) (4500.223; 2024-JUN-17)
7.6.5 Notwithstanding Subsection 7.6.1, within the R14 and R15 Zones height shall be
measured vertically from the average natural grade level recorded at the outermost
corners of the building or at the curb level, whichever is greater, as determined by a
survey to the highest part of the roof surface for a flat roof, the deck line of a mansard
roof, and the mean height level between the eaves and ridge of a gable, hip, or gambrel
of a sloped roof. (4500.223; 2024-JUN-17)
7.6.6 Notwithstanding Subsection 7.6.1, the maximum perimeter wall height may be
increased on rear and internal side yard elevations to a maximum of 9.14m, provided:
(a)
any rear wall face over 7.32m in height is a minimum of 10m from the rear
property line;
(b)
no wall face over 7.32m in height shall exceed 7.32m in width and must be
offset by a minimum of 0.61m from any adjacent wall over 7.32m in height; and
(c)
any eave or gable end associated with a wall face over 7.32m in height must not
exceed 8.53m in width and must be offset by at least 0.61m from any adjacent
eave or gable end which is associated with any adjacent wall face over 7.32m in
height.
Part 7 - Page 15
Residential Zones City of Nanaimo Zoning Bylaw
7.6.7 Notwithstanding Subsection 7.6.1, the maximum height for a principal building shall be as
expressed in the table below for specific properties:
Civic Address
Legal Description
Maximum Height of
Principal Building
2453 Labieux Road
LOT C, SECTION 19,
RANGE 6, MOUNTAIN
DISTRICT, PLAN 21603
11.3m for a principal building with a sloped
roof (>4:12 roof pitch)
2202 Meredith Road
LOT 1, SECTION 17, RANGE
7, MOUNTAIN DISTRICT,
PLAN EPP83590
9.2m
5645 Metral Drive
5655 Metral Drive
LOTS 3 & 4, DISTRICT LOT
23G, WELLINGTON
DISTRICT
13.0m
6053 Nelson Road
LOT 2, DISTRICT LOT 30,
WELLINGTON DISTRICT,
PLAN EPP99504, EXCEPT
PLAN EPP122720
Where at least 50% of the required parking
spaces are provided beneath a principal
building, the height of a principal building
may be a maximum of 22.5m on the R8
zoned portions of the lands
878 Park Avenue
LOT 1, SECTION 1,
NANAIMO DISTRICT, PLAN
30265
The maximum height of a principal building
with a sloped roof shall not exceed 12.5m,
except for that portion of a principal
building located within 7.5m from a
property line abutting an adjacent
residential-zoned property where the
maximum building height shall not exceed
9.0m.
405 Rosehill Street
LOT B, SUBURBAN LOT 26,
NEWCASTLE RESERVE
SECTION 1, NANAIMO
DISTRICT, PLAN 21869,
EXCEPT PLAN EPP101794
10.7m
(4500.121; 2018-JUL-09) (4500.171; 2021-FEB-01) (4500.196; 2022-NOV-21)
(4500.205; 2023-OCT-16) (4500.219; 2024-MAR-04) (4500.223; 2024-JUN-17)
(4500.206; 2025-MAR-03)
7.6.8 - 7.6.10 [Deleted and consolidated under 7.6.7] (4500.219; 2024-MAR-04)
7.7
CONDITIONS OF USE (4500.012; 2012-APR-16)
7.7.1 The following conditions of use shall apply to the Recreational Vehicle Park (R11) zone
only:
(a)
Recreational vehicles may be located within a recreational vehicle park for more
than 90 days in any calendar year and may be occupied for more than 90 days in
any calendar year.
(b)
The Gross Floor Area of an accessory building constructed or placed on a
recreational vehicle space shall not exceed 10m2. (4500.168; 2019-DEC-02)
(c)
An open deck or patio with or without a canopy may be constructed on a
recreational vehicle space provided it does not exceed a floor area of 32.5m2.
(d)
Not more than 11.15m2 of open deck or patio area may be enclosed.
Not more than 5% of the gross recreational vehicle park area shall be used for an
accessory storage area.
7.7.2 Within the Single Dwelling Residential - Small Lot (R2) zone, where a lane exists,
driveway access must be from the lane. (4500.031; 2012-DEC-03)
Part 8 - Page 1
Agricultural Rural Residential
City of Nanaimo Zoning Bylaw
PART 8 - AGRICULTURE RURAL RESIDENTIAL
8.1
DESCRIPTION OF ZONES
Zone
Abbreviation
Intent of Zone
Rural
Resource
AR1
This zone provides agriculture and rural uses on larger lots without urban
services.
Semi-
Rural
AR2
This zone provides for agriculture and residential uses on large rural lots,
with limited urban services and provides for the preservation of land for
future development.
(4500.219; 2024-MAR-04)
8.2
PERMITTED USES
8.2.1 The uses listed in the following table shall be permitted where indicated with a 'P' within the
corresponding zone, subject to the conditions of use specified:
Use
Zones
Conditions of Use
AR1 AR2
Agriculture
P
P
Roadside stands for agriculture or horticulture products grown on
the lot are permitted, provided they do not exceed a Gross Floor
Area of 30m2.
Animal Shelter
P
P
Animal Training
P
P
The total Gross Floor Area of all buildings used for animal training
shall not exceed 200m2 per lot.
Boarding Kennels
P
--
No more than 65 dog enclosures (runs or cages) or dogs permitted
per lot.
Campgrounds
P
--
No person shall occupy a campground for more than 90 days per
calendar year, with the exception of the campground owner or
manager.
No accessory building or structure shall be placed on a camping
space.
The minimum average camping space shall not be less than 100m2.
Golf Course
P
--
The total Gross Floor Area of all buildings used for a golf course
accessory office, retail pro shop, restaurant or banquet area shall
not exceed 800m2.
A golf course shall contain no less than 9 holes and the average
hole yardage shall be no less than 165 yards.
Horse Stable
P
P
Mobile Home
P
P
Pet Daycare
P
P
The total Gross Floor Area of all buildings used for pet daycare
shall not exceed 200m2.
Single Residential
Dwelling
P
P
(4500.002; 2011-OCT-02)
P = Permitted use
-- = Use not permitted in this zone
Part 8 - Page 2
Agricultural Rural Residential
City of Nanaimo Zoning Bylaw
8.2.2 The uses listed in the following table shall be permitted as an accessory use where
indicated with an 'A' within the corresponding zone, as per the conditions of use specified:
Use
Zones
Conditions of Use
AR1 AR2
Boarding and
Lodging
A
A
Shall not exceed two sleeping units and shall not accommodate more
than two persons.
Convenience
Store
A
--
An accessory convenience store is permitted where a campground use
exists provided the Gross Floor Area of the store does not exceed
33m2.
Daycare
A
A
Subject to the regulations contained in Part 6 of this Bylaw.
Home Based
Business
A
A
Office
A
--
An accessory office is permitted where a campground use exists
provided the Gross Floor Area of the office does not exceed 33m2.
Restaurant
A
--
An accessory restaurant is permitted where a campground use exists,
provided the combined Gross Floor Area of the restaurant and
convenience store does not exceed 50m2.
Secondary Suite
A
A
Subject to the regulations contained in Part 6 of this Bylaw.
Short-Term
Rental
A
A
Subject to Part 6
(4500.002; 2011-OCT-02) (4500.073; 2015-MAR-16) (4500.186; 2022-FEB-07)
A = Use Permitted as an Accessory Use
-- = Not a Permitted Use
8.3
DENSITY
8.3.1 The following table specifies the maximum allowable number of units permitted per lot for
each zone. Where applicable, the number of camping spaces permitted per hectare is
regulated within the campground density column.
Zone
Residential Density
Campground Density
AR1
One single dwelling or mobile home.
One additional dwelling unit may be
permitted where the lot area is greater
than 0.4 hectares.
No more than 30 camping spaces per hectare of land.
AR2
One single dwelling or mobile home.
One additional dwelling unit may be
permitted where the lot area is greater
than 0.4 hectares.
Not a permitted use.
8.3.2 [Deleted] (4500.219; 2024-MAR-04)
8.4
LOT SIZE AND DIMENSIONS
8.4.1 The following table specifies the minimum lot size, minimum lot frontage and minimum lot
depth of all agricultural residential lots within the corresponding zone:
Zone
Minimum Lot Size
Minimum Lot Frontage
Minimum Lot Depth
AR1
2 hectare
15m
45m
AR2
1 hectares
15m
45m
(4500.002; 2011-OCT-03) (4500.031; 2012-DEC-03)
8.4.2 Notwithstanding Subsection 8.4.1, where the lot is not serviced by a community water
system the minimum lot area shall be 2 hectares.
Part 8 - Page 3
Agricultural Rural Residential
City of Nanaimo Zoning Bylaw
8.5
SITING OF BUILDINGS
8.5.1 The following table identifies the distance a principal building must be set back from the lot
line specified within each respective yard area within the each zone:
Zone
Front Yard
Side Yard
Flanking Side
Yard
Rear Yard
AR1
and
AR2
7.5m
3m
4.5m
7.5m
8.5.2 Notwithstanding Subsection 8.5.1, buildings, structures, cages, enclosures, runs or pens
used for the keeping of animals, drinking or feeding troughs or manure piles shall not be
located less than 15m from all lot lines. Mushroom growing, boarding kennels, animal training
or bee, swine, or mink keeping uses shall be setback at least 30m from all lot lines.
8.5.3 In addition, buildings, structures, cages, enclosures, runs or pens, as outlined in Subsection
8.5.2 ., shall be located to the satisfaction of the Medical Health Officer in respect of all nearby
wells, lakes, streams and springs or other bodies of water which in his or her opinion could
suffer contamination wherefrom.
8.5.4 Notwithstanding Subsection 8.5.1., where the lot is used as a campground, all yard setbacks
shall be 7.5m.
8.5.5 Notwithstanding Subsection 8.5.1., general provisions in Part 6 of this Bylaw for the siting of
buildings near watercourses will also apply.
8.6
SIZE OF BUILDINGS
8.6.1 The maximum lot coverage, excluding farm buildings, shall not exceed 20% of the lot area.
8.6.2 The height of a principal building, not including farm buildings, shall not exceed 9m.
Part 9 - Page 1
Corridor City of Nanaimo Zoning Bylaw
PART 9 - CORRIDOR
9.1
DESCRIPTION OF ZONES
Residential
Corridor
COR1 This zone provides for residential, street-oriented, medium density,
and office development along or near major roads.
Mixed Use
Corridor
COR2 This zone provides for mixed use, street-oriented development
along urban arterials and major collector roads.
Community
Corridor
COR3 This zone provides for a wide range of uses intended to meet the
day to day needs of the surrounding community.
9.2.
PERMITTED USES
9.2.1 The uses listed in the following table shall be permitted where indicated with a 'P' within
each zone, subject to the conditions of use specified:
Use
Zones
Conditions of Use
COR1*
COR2
COR3
Artists Studio
P
P
P
Automobile Sales
and Rental
--
SS
SS
Assembly Hall
P
P
P
Boarding and
Lodging
P
P
P
Maximum of two sleeping units and shall not
accommodate more than two persons.
Bingo Hall
--
P
P
Cannabis Retail
Store
--
--
SS
Club or Lodge
--
P
P
Commercial School
--
P
P
Custom Workshop
--
--
P
Use shall be wholly contained within a building
and shall not exceed 500m2 in Gross Floor Area.
Daycare
P
P
P
Electric Vehicle
Charge Station
P
P
P
Fast Food
Restaurant
--
--
SS
Financial Institution
--
P
P
Drive-thru bank terminals shall not be permitted.
Furniture and
Appliance Sales
--
P
P
Gas Station
SS
SS
SS
Hotel
P
P
P
Laundromat
--
P
P
Library
--
P
P
Part 9 - Page 2
Corridor City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of Use
COR1*
COR2
COR3
Liquor Store
SS
SS
SS
Live/Work
P
P
P
Multiple Family
Dwelling
P
P
P
Museum
--
P
P
Neighbourhood Pub
--
P
P
Office
P
P
P
Within the COR1 zone, office use shall not
exceed a Gross Floor Area of 1000m2, and where
the property is mixed use, the office must be
located on the ground floor. Within the COR2
zone, no more than 500m2 of office space shall
be permitted on the ground floor.
Pawn Shop
--
--
P
No pawn shop shall be permitted within a 300m
radius of another pawn shop.
Personal Care
Facility
P
P
P
Pet Day Care
--
--
P
Printing and
Publishing Facility
--
P
P
Production Studio
--
P
P
Recreational Facility
--
P
P
Religious Institution
P
P
P
Repair Shop
--
--
P
Use shall wholly be contained within a building.
Restaurant
--
P
P
Retail
--
P
P
An individual retail use shall not exceed a Gross
Floor Area of 750m2, unless that use is a Grocery
Store, in which case the use shall not exceed
2,500m2.
Seniors Congregate
Housing
P
P
P
Single Residential
Dwelling
P
P
P
Sign Shop
--
--
P
Social Service
Resource Centre
--
P
P
Student Housing
SS
SS
--
Where a student housing use exists on a lot,
such use shall require a housing agreement.
Theatre
--
P
P
University, College,
Technical School
--
P
P
Veterinary Clinic
--
P
P
Warehouse (retail)
--
--
SS
(4500.036; 2013-APR-22) (4500.053; 2013-DEC-16) (4500.095; 2017-JUN-19) (4500.158; 2019-DEC-02)
(4500.135; 2020-JUL-20) (4500.223; 2024-JUN-17)
*
Interim Corridor Area lands subject to Subsection 9.8.1.
P
= Permitted Use
SS
= Permitted as a Site Specific Use, see Section 9.2.3
--
= Use Not Permitted within Specified Zone
Part 9 - Page 3
Corridor City of Nanaimo Zoning Bylaw
9.2.1.1 Notwithstanding Subsection 9.2.1, on the lands legally described as LOT 1,
SECTION 18, RANGE 7, MOUNTAIN DISTRICT, PLAN EPP110454 (2230
Boxwood Road), LOT 1, SECTION 18, RANGE 7, MOUNTAIN DISTRICT, PLAN
21250 (2220 Northfield Road), LOTS 13 & 14, BLOCK 2, SECTION 18, RANGE
7, MOUNTAIN DISTRICT, PLAN 526 (2232 and 2238 Northfield Road), LOT N,
SECTION 18, RANGE 7, MOUNTAIN DISTRICT, PLAN 22081 (2246 Northfield
Road), and AMENDED LOT 2 (DD 62102N), SECTION 18, RANGE 7,
MOUNTAIN DISTRICT, PLAN 8097 (2254 Northfield Road), the following shall
apply:
a) A Grocery Store shall not exceed a Gross Floor Area of 3,716m2;
b) Despite Subsection 9.2.2, where a non-residential use exists at least an
equal amount of Gross Floor Area on the lands must be dedicated to
residential use.
(4500.187; 2022-MAY-16)
9.2.1.2 Notwithstanding Subsection 9.2.1, on the lands legally described as LOT 7,
SECTION 1, NANAIMO DISTRICT, PLAN 738, EXCEPT THAT PART IN PLAN
VIP53059 FOR ROAD PURPOSES (515 Nicol Street), PARCEL A (DD A58748)
OF LOT 21, SECTION 1, NANAIMO DISTRICT, PLAN VIP51697 EXCEPT
THAT PART IN PLAN VIP52586 (535 Nicol Street), LOT 21, SECTION 1,
NANAIMO DISTRICT, PLAN VIP51697 EXCEPT PARCEL A AND EXCEPT
PART IN PLAN VIP52350 FOR ROAD (545 Nicol Street), and LOT 23, SECTION
1, NANAIMO DISTRICT, PLAN VIP51697 EXCEPT THAT PART IN PLAN
VIP53189 AND VIP64418 (575 Nicol Street and 120 Needham Street), no less
than 50% of the Gross Floor Area on the lands shall be dedicated to a residential
use. (4500.221; 2025-FEB-24)
9.2.2 Notwithstanding Subsection 9.2.1., within the COR2 Zone where a non-residential use
exists at least an equal amount of Gross Floor Area on the property must be dedicated to
residential use.
Part 9 - Page 4
Corridor City of Nanaimo Zoning Bylaw
9.2.3 The following uses shall be permitted on a site specific basis:
Use
Permitted Location
Address
Legal Description of Permitted Location
Automobile
Sales and
Rentals
3690 Island Highway
LOT 1, BLOCK 26, SECTION 3, WELLINGTON DISTRICT, PLAN
318A, EXCEPT THAT PART IN PLAN 33807
LOTS 2, 11 and 12, BLOCK 26, SECTION 3, WELLINGTON
DISTRICT, PLAN 318A
3851 Shenton Road
LOT A, SECTION 4, WELLINGTON DISTRICT, PLAN VIP52426
4777 Island Highway
LOT A, SECTION 5, WELLINGTON DISTRICT, PLAN VIP84989,
EXCEPT PART IN PLAN VIP86302
2585 and 2595
Bowen Road
LOT 3 SECTION 5, WELLINGTON DISTRICT, PLAN 7747, EXCEPT
PART IN PLAN 43195
LOT A, SECTION 5, WELLINGTON DISTRICT, PLAN 47874
1809 Bowen Road
PARCEL A (DD 51728N) OF LOT 17, SECTION 15, RANCE 8,
MOUNTAIN DISTRICT, PLAN 7272
3612 Island Highway
North
LOT 3, 4, 5, 6, 7, 8, 9, AND 10, BLOCK 26, SECTION 3,
WELLINGTON DISTRICT, PLAN 318A
1481 Bowen Road
LOT 1, SECTION 1, NANAIMO DISTRICT, PLAN 23873
1701 Bowen Road
and 1831 East
Wellington Road
LOT A, SECTION 14, RANGE 8, MOUNTAIN DISTRICT, PLAN 38080
LOT 1, SECTION 14, RANGE 8, MOUNTAIN DISTRICT, PLAN 7954,
EXCEPT PART IN PLAN 37148
2575, 2525, and 2595
Bowen Road
LOT 2, SECTION 5, WELLINGTON DISTRICT, PLAN 17696,
EXCEPT PARTS IN PLANS 43195 AND PLAN VIP82821
LOT 2, SECTION 20, RANGE 6, MOUNTAIN DISTRICT, PLAN
38705, EXCEPT PART IN PLAN 43195
LOT A, SECTION 5, WELLINGTON DISTRICT, PLAN 47874
2535 Bowen Road
LOT 1, SECTION 20, RANGE 6, MOUNTAIN DISTRICT, PLAN
38705, EXCEPT PART IN PLAN 43195
2555 Bowen Road
LOT 2, SECTION 20, RANGE 6, MOUNTAIN DISTRICT, PLAN
VIP73505
2590 Bowen Road
LOT 1, SECTION 5, WELLINGTON DISTRICT, PLAN EPP92969
2338 Kenworth Road
LOT 1, SECTION 5, WELLINGTON DISTRICT AND SECTION 20,
MOUNTAIN DISTRICT, RANGE 7, PLAN EPP93135
2348 Kenworth Road
LOT 3, SECTION 5, WELLINGTON DISTRICT & SECTION 20,
RANGE 7, MOUNTAIN DISTRICT, PLAN EPP92969
2355 Kenworth Road
LOT A, SECTION 20, RANGE 7, MOUNTAIN DISTRICT, PLAN
EPP110921
2358 Kenworth Road
LOT 2, SECTION 5, WELLINGTON DISTRICT AND SECTION 20,
RANGES 6 AND 7, MOUNTAIN DISTRICT, PLAN EPP92969
4931 and 4921
Wellington Road
LOT 1, SECTION 5, WELLINGTON DISTRICT, PLAN 34365,
EXCEPT PART IN PLAN VIP65613
LOT 2, SECTION 5, WELLINGTON DISTRICT, PLAN 34365
4170 Wellington Road
LOT A, SECTION 5, WELLINGTON DISTRICT, PLAN 26942
4100 Wellington Road
LOT B, SECTION 5, WELLINGTON DISTRICT, PLAN 42476
Part 9 - Page 5
Corridor City of Nanaimo Zoning Bylaw
Use
Permitted Location
Address
Legal Description of Permitted Location
4123 Wellington Road
LOT A, SECTIONS 4 AND 5, WELLINGTON DISTRICT, PLAN
VIP63672
4151 Wellington Road
LOT 1, SECTION 5, WELLINGTON DISTRICT, PLAN VIP67222
4181 Wellington Road
LOT A, SECTION 5, WELLINGTON DISTRICT, PLAN EPP22297
2789 106th Street
LOT 7, BLOCK 25, SECTION 3, WELLINGTON DISTRICT, PLAN
318A
4900 Island Highway
North
LOT 1, SECTION 5, WELLINGTON DISTRICT, PLAN 12809
EXCEPT PART IN PLAN 33807
Cannabis
Retail Store
2220 Bowen Road
LOTS 5 & 6, BLOCK 2, SECTION 18, RANGE 7, MOUNTAIN
DISTRICT, PLAN 20320
1483 Bowen Road
PARCEL B (DD 12035W) OF LOT 1, SUBURBAN LOT 7, SECTION
1, NANAIMO DISTRICT, PLAN 6025, EXPECT PART IN PLAN 23873
Car Wash
603 Nicol Street
LOT 1, SECTION 1, NANAIMO DISTRICT, PLAN VIP69064
Fast Food
Restaurant
1815 Bowen Road
LOT B, SECTION 15, RANGE 8, MOUNTAIN DISTRICT, PLAN
43433, EXCEPT PART IN PLAN VIP58601 AND VIP61856
1812 Bowen Road
STRATA LOT E, SECTION 15, RANGE 8, MOUNTAIN DISTRICT,
STRATA PLAN VIS4335, TOGETHER WITH AN INTEREST IN THE
COMMON PROPERTY IN PROPORTION TO THE UNIT
ENTITLEMENT OF THE STRAT LOT AS SHOWN ON FORM 1
1835 Bowen Road
LOT 1, SECTION 15, RANGE 8, MOUNTAIN DISTRICT, PLAN
VIP61856
4777 & 4797 Island
Highway
LOT A, SECTION 5, WELLINGTON DISTRICT, PLAN VIP84989,
EXCEPT PART IN PLAN VIP86302
LOT 1, BLOCK 17, NEWCASTLE TOWNSITE, SECTION 1,
NANAIMO DISTRICT, PLAN 584, EXCEPT PARCEL A (DD 33238I)
THEREOF
130 Terminal Avenue
LOT A, NEWCASTLE TOWNSITE, SECTION 1, NANAIMO
DISTRICT, PLAN 21995
Gasoline
Station
4286 Departure Bay
Road
LOT 2, SECTION 5, WELLINGTON DISTRICT, PLAN 37030
1643 Bowen Road
THAT PART OF LOT 4, SECTION 14, RANGE 8, MOUNTAIN
DISTRICT, PLAN 2406, SHOWN OUTLINED IN RED ON PLAN 676-
R, EXCEPT PART IN PLAN 37148
1702 and 1925
Bowen Road
LOT A, SECTIONS 14 & 15, RANGE 8, MOUNTAIN DISTRICT, PLAN
7310, EXCEPT PART IN PLAN 37148
LOT 1, SECTION 16, RANGE 8, MOUNTAIN, PLAN 7045
2209 Bowen Road
LOT 1, SECTION 18, RANGE 7, MOUNTAIN DISTRICT, PLAN 41059
600 Victoria Road
LOT A, SECTION 1, NANAIMO DISTRICT, PLAN 21004
458 Wakesiah
Avenue
LOT B, (DD EV45133), BLOCK 1, SECTION 1, NANAIMO DISTRICT,
PLAN 1325
1050 Terminal
Avenue
LOT A, SECTION 1, BLOCK 88, NEWCASTLE TOWNSITE,
NANAIMO DISTRICT, PLAN VIP796683
76 Terminal Avenue
LOT 2, NEWCASTLE TOWNSITE, SECTION 1, NANAIMO
DISTRICT, PLAN 20761
2330 Labieux Road
LOT 2, SECTION 20, RANGE 6, MOUNTAIN DISTRICT, PLAN 44097
Part 9 - Page 6
Corridor City of Nanaimo Zoning Bylaw
Use
Permitted Location
Address
Legal Description of Permitted Location
Liquor
Store
1431 Bowen Road
LOT 2, SUBURBAN LOT 7, SECTION 1, NANAIMO DISTRICT, PLAN
6025, EXCEPT PARTS IN PLANS 31163 AND EPP12275
2220 Bowen Road
LOT A, SECTION 18, RANGE 7, MOUNTAIN DISTRICT, PLAN 20320
LOTS 3, 4, 5 AND 6, SECTION 18, RANGE 7, MOUNTAIN DISTRICT,
PLAN 526
LOT 1, SECTION 18, RANGE 7, MOUNTAIN DISTRICT, PLAN 21371
1850 and 1860
Dufferin Crescent
LOTS 6 & 7, SECTION 15, RANGE 8, MOUNTAIN DISTRICT, PLAN
EPP15172
Student
Housing
325 Watfield Avenue
LOT B, SECTION 1, NANAIMO DISTRICT, PLAN EPP123911
416 Wakesiah
Avenue
LOT 1, SECTION 1, NANAIMO DISTRICT, PLAN EPP58523
438 Wakesiah
Avenue
LOT A, SECTION 1, NANAIMO DISTRICT, PLAN VIP88789
326 Wakesiah
Avenue
LOT A, SECTION 1, NANAIMO DISTRICT, PLAN EPP94033
Warehouse
85 and 95 Tenth
Street
LOTS H AND I, SECTION 7, NANAIMO DISTRICT, PLAN 2199,
EXCEPT THAT PART OF SAID LOTS SHOWN RED ON PLAN 522
RW
110 and 106 Fry
Street
LOTS 18 AND 19, BLOCK 4, SECTION 1, NANAIMO DISTRICT,
PLAN 584
114 Fry Street
THAT PART OF LOT 17, BLOCK 4, SECTION 1, NANAIMO
DISTRICT, PLAN 584 LYING NORTHERLY OF A BOUNDARY
PARALLEL TO AND PERPENDICULARLY DISTANT 21 FEET
SOUTHERLY FROM THE NORTHERLY BOUNDARY OF SAID LOT.
4524 Wellington Road
LOT 4, SECTION 5, WELLINGTON DISTRICT, PLAN 18939
(4500.002; 2011-OCT-03) (4500.015; 2012-SEP-10) (4500.023; 2013-MAR-12)
(4500.031; 2012-DEC-03) (4500.38; 2013-NOV-18) (4500.095; 2017-JUN-19) (4500.102; 2017-NOV-06)
(4500.117; 2018-JUL-09) (4500.131; 2019-JUL-22) (4500.158; 2019-DEC-02) (4500.135; 2020-JUL-20)
(4500.139; 2020-NOV-16) (4500.164; 2020-NOV-16) (4500.183; 2021-JUL-26) (4500.182; 2021-DEC-06)
(4500.219; 2024-MAR-04)
9.2.3.1 [Deleted] (4500.033; 2012-DEC-03) (4500.158; 2019-DEC-02)
9.2.4 The uses listed in the following table shall be permitted as an accessory use where
indicated with an 'A' within each zone as per the Conditions of Use specified:
Use
Zones
Conditions of
Use
COR1
COR2
COR3
Short-Term
Rental
A
A
A
Subject to
Part 6
(4500.186; 2022-FEB-07)
Part 9 - Page 7
Corridor City of Nanaimo Zoning Bylaw
9.3
DENSITY
9.3.1 The following table specifies the maximum allowable base density, expressed as a Floor
Area Ratio, per lot for each zone. The additional density columns permit additional density
where the following specified location and amenity criteria have been provided. Additional
density where achievable is applied during the development permit process. Within mixed
use development, additional density may be awarded where the lot includes both
commercial and residential uses. Tier 1 awards additional density where a development
meets or exceeds the Tier 1 requirements, as specified within "Schedule D - Amenity
Requirements for Additional Density" of this bylaw; Tier 2 awards additional density to a
development which meets or exceeds the Tier 2 requirements within Schedule D. Where
a development achieves additional density, the additional floor area may be added to the
base density within the zone. A development may achieve all of the additional density
available within the zone:
Zone
Maximum Allowable Floor Area Ratio (FAR)
Additional Density
Mixed
Use*
Tier 1
Tier 2
COR1**
1.00
N/A
+0.25
+0.25
COR2
1.25
N/A
+0.25
+0.25
COR3
0.75
+0.50
+0.25
+0.25
* Where the definition of 'Mixed Use' is met.
** Interim Corridor Area lands subject to Subsection 9.8.1.
(4500.036; 2013-APR-22) (4500.219; 2024-MAR-04) (4500.223; 2024-JUN-17)
9.3.2 Notwithstanding Subsection 9.3.1., where parking spaces are provided beneath a
principal building (where the roof of the underground parking is not more than 0.8m above
the finished grade), an amount may be added to the Floor Area Ratio equal to 0.25
multiplied by the percentage of the total parking spaces provided underground.
9.3.3 Notwithstanding Subsection 9.3.1, on the lands legally described as LOT 7, SECTION 1,
NANAIMO DISTRICT, PLAN 738, EXCEPT THAT PART IN PLAN VIP53059 FOR ROAD
PURPOSES (515 Nicol Street), PARCEL A (DD A58748) OF LOT 21, SECTION 1,
NANAIMO DISTRICT, PLAN VIP51697 EXCEPT THAT PART IN PLAN VIP52586 (535
Nicol Street), LOT 21, SECTION 1, NANAIMO DISTRICT, PLAN VIP51697 EXCEPT
PARCEL A AND EXCEPT PART IN PLAN VIP52350 FOR ROAD (545 Nicol Street), and
LOT 23, SECTION 1, NANAIMO DISTRICT, PLAN VIP51697 EXCEPT THAT PART IN
PLAN VIP53189 AND VIP64418 (575 Nicol Street and 120 Needham Street), the Floor
Area Ratio shall not exceed 2.90. (4500.221; 2025-FEB-24)
9.4
LOT SIZE AND DIMENSIONS
9.4.1 The following table specifies the minimum lot size, minimum lot frontage and minimum lot
depth of all serviced corridor lots within each zone:
Zone
Minimum Lot
Size
Minimum Lot
Frontage
Minimum Lot
Frontage -
Lane Access
Minimum Lot
Depth
COR1
850m2
18m
15m
30m
COR2
1200m2
25m
15m
30m
COR3
1000m2
20m
15m
30m
Part 9 - Page 8
Corridor City of Nanaimo Zoning Bylaw
9.5
SITING OF BUILDINGS
9.5.1 The following table identifies the distance a principal building must be set back from the
lot line specified within each yard area within the zone indicated:
Zone
Minimum Front
Yard Setback
Maximum Front
Yard Setback
Side
Yard 1
Side
Yard 2
Flanking
Side Yard
Rear
Yard
COR1
3.5m
6m
1.5m
3m
4.5m
7.5m
COR2
3.0m
6m
0m
3m
3m
7.5m
COR3
3.0m
6m
0m
3m
3m
7.5m
9.5.2 Notwithstanding Subsection 9.5.1., general provisions in Part 6 of this Bylaw for the siting
of buildings near watercourses will also apply.
9.5.3 Notwithstanding Subsection 9.5.1, where a property line abuts a major road, an additional
2.5m front and/or flanking side yard setback is required when the dedication to achieve
the required right-of-way width has not occurred to facilitate the widening of the major
road. (4500.182; 2021-DEC-06)
9.5.4 Notwithstanding Subsection 9.5.1, where only one principal building exists on the lot no
more than 50% of the front face of a building façade shall be setback further than the
maximum permitted front yard setback. (4500.158; 2019-DEC-02)
9.5.5. Notwithstanding Subsection 9.5.1, where more than one principal building exists on the
lot at least 50% of the property frontage must include a building front face within the
maximum front yard setback area.
9.6
LOCATION OF PARKING AREA
9.6.1 Within all Corridor Zones, no parking shall be permitted between the front property line
and the front face of the building or within the maximum front yard setback area.
Part 9 - Page 9
Corridor City of Nanaimo Zoning Bylaw
9.7
SIZE OF BUILDINGS
9.7.1 The maximum lot coverage and height, as well as the minimum required height of a
principal building, shall be as specified within the following table:
Zone
Lot
Coverage
Maximum
Allowable
Height
Additional Height
Minimum Required Height
COR1
60%
14m
Where at least 75% of the
required parking area is
located below or beneath a
building, an additional 4m
of height shall be permitted.
2 Storeys Above Grade
COR2
60%
14m
Where at least 75% of the
required parking area is
located below or beneath a
building, an additional 4m
of height shall be permitted.
2 Storeys Above Grade
COR3
60%
14m
Where at least 75% of the
required parking area is
located below or beneath a
building, an additional 4m
of height shall be permitted.
2 Storeys Above Grade
9.7.2 Notwithstanding Subsection 9.7.1, on the lands legally described as LOT 7, SECTION 1,
NANAIMO DISTRICT, PLAN 738, EXCEPT THAT PART IN PLAN VIP53059 FOR
ROAD PURPOSES (515 Nicol Street), PARCEL A (DD A58748) OF LOT 21, SECTION
1, NANAIMO DISTRICT, PLAN VIP51697 EXCEPT THAT PART IN PLAN VIP52586
(535 Nicol Street), LOT 21, SECTION 1, NANAIMO DISTRICT, PLAN VIP51697
EXCEPT PARCEL A AND EXCEPT PART IN PLAN VIP52350 FOR ROAD (545 Nicol
Street), and LOT 23, SECTION 1, NANAIMO DISTRICT, PLAN VIP51697 EXCEPT
THAT PART IN PLAN VIP53189 AND VIP64418 (575 Nicol Street and 120 Needham
Street), the maximum allowable height of a principal building shall be 19.8m where at
least 75% of the required parking area is located below or beneath a building.
(4500.221; 2025-FEB-24)
9.8
INTERIM CORRIDOR AREA (4500.223; 2024-JUN-17) (4500.229; 2024-JUL-29)
9.8.1 Despite Subsections 9.2.1, 9.3.1, and 9.3.2, where:
i.
the lot is located on the lands identified as 'Interim Corridor Area' in "Schedule A";
and
ii.
the lot area is less than 2,000m2, exclusive of any required road dedication to meet
the road standards of a major road;
the following shall apply:
a) the sole permitted principal use on the lot shall be single residential dwelling; and
b) the maximum allowable density on the lot shall be as specified in the R1 zone.
9.8.2 Notwithstanding Sections 6.6, 6.10, 9.5, 9.6, and 9.7, where the principal use is a single
residential dwelling in the Interim Corridor Area:
a) the minimum required setback from the property lines, the maximum allowable lot
coverage, the maximum height of a principal building, the maximum size of an
accessory building, and the fence height regulations shall be as specified for the R1
zone; and
b) parking shall be permitted between the front lot line and the front face of the building,
and within the front yard setback.
Part 10 - Page 1
Commercial Centre City of Nanaimo Zoning Bylaw
PART 10 - COMMERCIAL CENTRE
10.1 DESCRIPTION OF ZONES
Zone
Abbreviation
Intent of Zone
Local Service
Centre
CC1
This zone provides for small scale and community services
within neighbourhoods.
Neighbourhood
Centre
CC2
This zone provides for small scale commercial services
intended to meet the day-to-day needs of persons residing in
the immediate vicinity and supports a building height of up to
3 storeys.
City Commercial
Centre
CC3
This zone provides for the shopping needs of the community
at large, as well as medium to high density residential
development.
Woodgrove
Urban Centre
CC4
This zone provides for a regional commercial centre with a
focus on intensive retail and service uses and medium to high
density residential.
Hospital Urban
Centre
CC5
This zone provides for health related professional offices and
medium to high density residential accommodation.
Commercial
Recreation
Centre
CC6
This zone provides for commercial recreational uses, such as
golf courses and recreational facilities.
10.2. PERMITTED USES
10.2.1 The uses listed in the following table shall be permitted where indicated with a 'P' within the
corresponding zone, as per the conditions of use specified:
Use
Zones
Conditions of Use
CC1
CC2
CC3
CC4
CC5
CC6
Artist Studio
P
P
P
P
P
P
Assembly Hall
--
P
--
P
P
P
Auto Repair
--
P
P
P
--
--
Auto sales and
Rental
--
--
P
P
--
--
Bingo Hall
--
--
--
--
P
P
Cannabis Retail
Store
--
SS
SS
SS
SS
--
Car Wash
--
P
P
P
--
--
Club or Lodge
--
--
P
--
--
P
Commercial
School
--
P
P
P
P
P
Within the CC2 zone, the Gross
Floor Area of a commercial
school use shall not exceed
500m2.
Cultural Facility
--
--
P
P
P
P
Daycare
P
P
P
P
P
P
Electric Vehicle
Charge Station
P
P
P
P
P
P
Part 10 - Page 2
Commercial Centre City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of Use
CC1 CC2 CC3 CC4 CC5 CC6
Fast Food
Restaurant
SS
--
P
P
--
--
Financial
Institution
--
P
P
P
P
--
Within the CC2 zone, a financial
institution use shall not exceed a Gross
Floor Area of 600m2.
Food
Processing
--
--
--
SS
--
--
Funeral Parlour --
--
P
--
P
--
Furniture &
Appliance
Sales
--
--
P
P
P
--
Within the CC3 and CC5 zones, the
Gross Floor Area of a stand-alone
furniture and appliance store shall not
exceed 4,644m2.
Garden Centre
--
--
P
P
--
--
Gas Station
SS
P
P
P
--
--
Golf Course
--
--
--
--
--
P
Home Centre
--
--
P
P
--
--
Within the CC3 zone, the Gross Floor
Area of a stand-alone home centre
shall not exceed 4,644m2.
Hospital
--
--
--
--
P
--
Hotel
--
--
P
P
P
--
Internet Centre
--
P
P
P
P
--
Laboratory
--
--
--
--
P
--
Laundromat
--
--
P
P
P
--
Library
--
P
P
P
P
--
Liquor Store
SS
SS
SS
SS
SS
--
Live/Work
P
P
P
P
P
--
Lounge
--
--
--
P
--
--
Lumber yard
--
--
--
P
--
--
No storage shall be permitted in the
required front yard or any yard which
abuts a residential zone.
Medical /
Dental Office
P
P
P
P
P
--
Within the CC1 zone, the Gross Floor
Area shall not exceed 500m2.
Micro Brewery
--
--
P
P
--
--
The Gross Floor Area of a micro
brewery shall not exceed 557m2.
Mini Storage
--
--
--
SS
--
--
Within the CC4 zone, mini storage shall
only be permitted where another
commercial or residential use exists on
the same lot.
Multiple Family
Dwelling
P
P
P
P
P
--
Within the CC1, CC2 and CC3 zones,
residential shall only be permitted
where a commercial use exists on the
same lot.
Museum
--
--
P
--
P
P
Neighbourhood
Pub
P
P
P
P
P
--
Office
SS
P
P
P
P
--
Parking Lot /
Parkade
--
--
--
--
P
--
Personal Care
Facility
--
--
P
P
P
--
Part 10 - Page 3
Commercial Centre City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of Use
CC1 CC2 CC3 CC4 CC5 CC6
Pet Day Care
--
--
P
P
P
--
Printing and
Publishing
Facility
--
--
--
--
P
--
Pharmacy
--
P
P
P
P
--
Production
Studio
--
--
P
P
--
--
Public Market
--
P
P
P
--
--
Permitted as a seasonal use, no
outside storage shall be permitted
after market hours.
Recreational
Facility
--
P
P
P
P
P
Within the CC2 zone the Gross Floor
Area of the recreational facility use
shall not exceed 500m2.
Refund
Container
Recycling Depot
--
P
P
P
P
--
Religious
Institution
P
--
P
P
P
--
Restaurant
P
P
P
P
P
--
Within the CC1 zone, an individual
restaurant use shall not exceed a
Gross Floor Area of 500m2.
Retail
P
P
P
P
P
--
Within the CC1 and CC2 zones, an
individual retail use shall not exceed
a Gross Floor Area of 500m2, unless
the use is a grocery store, in which
case the floor area cannot exceed
2000m2.
Within the CC3 and CC5 zones, a
stand-alone retail use shall not
exceed a Gross Floor Area of
4,644m2.
Rooming House
--
--
--
P
P
--
Seniors
Congregate
Housing
--
P
P
P
P
--
Shopping Centre
--
--
P
P
--
--
Single
Residential
Dwelling
P
P
--
P
P
--
Sign Shop
--
--
P
--
--
--
Social Services
Resource Centre
--
--
P
P
P
--
Theatre
--
--
P
P
P
--
University,
College,
Technical School
--
--
--
P
P
P
Veterinary Clinic
P
P
P
P
P
--
Within the CC1 zone, the Gross Floor
Area of a veterinary clinic shall not
exceed 500m2.
Part 10 - Page 4
Commercial Centre City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of Use
CC1
CC2
CC3
CC4
CC5
CC6
Wholesale
--
--
--
P
--
--
Use shall be wholly enclosed
within a building.
(4500.031; 2012-DEC-03) (4500.053; 2013-DEC-16) (4500.073; 2015-MAR-16) (4500.138; 2019-JUN-17) (4500.142; 2019-AUG-26)
(4500.133; 2020-JAN-13) (4500.148; 2020-FEB-24) (4500.163; 2020-MAR-16) (4500.219; 2024-MAR-04) (4500.220; 2024-DEC-02)
P = Permitted Use
-- = Use is not Permitted
SS = Permitted as a Site Specific Use Only
10.2.2 Notwithstanding Subsection 10.2.1 the cumulative total Gross Floor Area of all
non-residential space on a lot within the CC1 zone shall not exceed 2,000m2.
(4500.158; 2019-DEC-02)
10.2.3 Notwithstanding Subsection 10.2.1, within the CC2 zone a Retail Grocery Store greater
than 2,000m2 is permitted at property legally described as LOT 2, SECTION 1, NANAIMO
DISTRICT, PLAN EPP85567 (867 Bruce Avenue). (4500.058; 2014-NOV-24) (4500.158;
2019-DEC-02)
10.2.4 The uses listed in the following table shall be permitted as an accessory use where
indicated with an 'A' within each zone as per the conditions of use specified:
Use
Zones
Conditions of Use
CC1 CC2 CC3 CC4 CC5 CC6
Accessory
Dwelling Unit
A
A
A
A
A
A
Arcade
--
A
A
A
A
A
Boarding and
Lodging
A
A
--
A
A
--
Shall not exceed two sleeping units and
shall not accommodate more than two
persons.
Home Based
Business
A
A
A
A
A
--
Laboratory
--
--
A
A
--
--
Permitted as an accessory use where a
medical office exists on the same lot.
Lounge
--
--
--
--
--
A
Permitted as an accessory use where
the principal use of the property is a golf
course or recreational facility.
The total Gross Floor Area of an
accessory lounge shall not exceed
380m2.
Lumber Yard
--
--
A
--
--
--
Permitted as an accessory use where
the principal use of the property is a
home centre.
Secondary
Suite
A
A
--
A
A
--
Subject to Part 6 of this Bylaw.
Short-Term
Rental
A
A
A
A
A
A
Subject to Part 6
Restaurant
--
--
--
--
--
A
Permitted as an accessory use where
the principal use of the property is a golf
course or recreational facility.
The total Gross Floor Area of an
accessory restaurant shall not exceed
380m2.
Retail Pro
Shop
--
--
--
--
--
A
Permitted as an accessory use where
the principal use of the property is a golf
course or recreational facility.
Part 10 - Page 5
Commercial Centre City of Nanaimo Zoning Bylaw
(4500.053; 2013-DEC-16) (4500.073; 2015-MAR-16) (4500.186; 2022-FEB-07)
A
= Permitted as an Accessory Use
--
= Not Permitted as an Accessory Use
10.2.5 The following uses shall be permitted on site specific basis:
Use
Permitted Location
Address
Legal Description of Permitted Located
Cannabis
Retail
Store
3200 Island Highway
North
LOT A, SECTION 3 & 5, WELLINGTON DISTRICT, PLAN VIP60825
6683 Mary Ellen Drive
LOT A, DISTRICT LOT 26, WELLINGTON DISTRICT, PLAN VIP63639
6404 Metral Drive
LOT 1, SECTION 12, WELLINGTON DISTRICT, PLAN 26877 EXCEPT
PLAN VIP57955
3923 Victoria Avenue
LOT 7, BLOCK 16, SECTION 5, WELLINGTON DISTRICT, PLAN318A
1599 Dufferin
Crescent
LOT 1, DISTRICT LOT 97G, NEWCASTLE RESERVE, SECTION 1,
NANAIMO DISTRICT, PLAN 27521
5800 Turner Road
STRATA LOT 1, DISTRICT LOT 30, WELLINGTON DISTRICT, STRATA
PLAN VIS5863 TOGETHER WITH AN INTEREST IN THE COMMON
PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE
STRATA LOT AS SHOWN ON FORM V
847 Bruce Avenue
LOT 2, SECTION 1, NANAIMO DISTRICT, PLAN EPP85567
5801 Turner Road
LOT C, DISTRICT LOTS 14, 23G & 30, WELLINGTON DISTRICT, PLAN
VIP66085
510 Fifth Street
LOT A, SECTION 1, NANAIMO DISTRICT, PLAN EPP45212
2980 Island Highway
North
LOT 1, SECTION 5, WELLINGTON DISTRICT, PLAN 50054
50 Tenth Street
LOT A, SECTION 7, NANAIMO DISTRICT, PLAN VIP86854
Custom
Workshop
291 Eaton Street
LOT 14, BLOCK EA, SECTION 1, NANAIMO DISTRICT, PLAN 57
Fast Food
Restaurant
2310 Northfield Road
LOT 1, SECTION 17, RANGE 7, MOUNTAIN DISTRICT, PLAN VIP66379
Food
Processing
6541 Portsmouth
Road
LOT 1, DISTRICT LOT 28, WELLINGTON DISTRICT, PLAN VIP55829
Gasoline
Station
4320 Uplands Drive
2300 Northfield Road
2201 Jingle Pot Road
6201 Blueback Road
LOT 1, DISTRICT LOT 19, WELLINGTON DISTRICT, PLAN 46653
LOT 2, SECTION 18, RANGE 7, MOUNTAIN DISTRICT, PLAN VIP66379
LOT 1, SECTION 11, RANGE 7, MOUNTAIN DISTRICT, PLAN 44320
LOT 2, DISTRICT LOT 53, WELLINGTON DISTRICT, PLAN VIP60953
Liquor
Store
4700/4720 Hammond
Bay
LOT A, DISTRICT LOT 51, WELLINGTON DISTRICT, PLAN VIP79402
6404 Metral Drive
LOT 1, SECTION 12, WELLINGTON DISTRICT, PLAN 26877, EXCEPT
PLAN VIP57955
508 Eighth Street
SECTION 13, RANGE 8, SECTION 1, NANAIMO DISTRICT, PLAN 630,
EXCEPT THAT PART IN PLAN 12363 AND EXCEPT THAT PART LYING
TO THE NORTH OF A BOUNDARY PARALLEL TO AND
PERPENDICULARLY DISTANT 181.5 FEET FROM THE NORTHERLY
BOUNDARY OF SAID SECTION
Part 10 - Page 6
Commercial Centre City of Nanaimo Zoning Bylaw
Use
Permitted Location
Address
Legal Description of Permitted Located
Liquor
Store
1533 Estevan Road
LOT 1, NEWCASTLE RESERVE, SECTION 1, NANAIMO DISTRICT,
PLAN 30393
5801 Turner Road
LOT C OF DISTRICT LOTS 14, 23G & 30, WELLINGTON DISTRICT,
PLAN VIP66085
3200 Island Highway
LOT A, SECTIONS 3 & 5, WELLINGTON DISTRICT, PLAN VIP60825
1275 Island Highway
LOT 1, SECTION 7, NANAIMO DISTRICT, PLAN 67048
6950 Island Highway
LOT 2, DISTRICT LOT 26, WELLINGTON DISTRICT, PLAN 37425
EXCEPT PART IN PLAN VIP70172 AND VIP78672
2211 Jingle Pot Road
LOT A, SECTION 11, RANGE 7, MOUNTAIN DISTRICT, PLAN 45118
2875 Departure Bay
Road
LOT 1, SECTION 1, WELLINGTON DISTRICT, PLAN 16034 EXCEPT
THAT PART IN PLAN VIP83027; and LOT 2, SECTION 1, WELLINGTON
DISTRICT, PLAN 16034
4750 Rutherford Road
LOT 1 OF SECTION 14 AND DISTRICT LOTS 14 AND 17 AND SECTION
4, RANGE 3, WELLINGTON DISTRICT, PLAN VIP66202
Mini
Storage
6450 Island Highway
North
LOT 1, SECTION 12, WELLINGTON DISTRICT, PLAN 12124, EXCEPT
PART IN PLAN 33807
Office
751 Haliburton Street
LOT 1, BLOCK EA, SECTION 1, NANAIMO DISTRICT, PLAN 57
(4500.002; 2011-OCT-03) (4500.064; 2014-JUL-14) (4500.073; 2015-MAR-16) (4500.092; 2016-FEB-01)
(4500.138; 2019-JUN-17) (4500.142; 2019-AUG-26) (4500.143; 2019-AUG-26) (4500.150; 2019-AUG-26)
(4500.133; 2020-JAN-13) (4500.148; 2020-FEB-24) (4500.163; 2020-MAR-16) (4500.162; 2020-APR-27)
(4500.174; 2020-JUL-20) (4500.140; 2020-NOV-16) (4500.201; 2022-AUG-29) (4500.155; 2023-JUN-05)
(4500.219; 2024-MAR-04) (4500.220; 2024-DEC-02)
10.3 DENSITY
10.3.1 The following table specifies the maximum allowable base density, expressed as a Floor
Area Ratio, per lot for each zone. The additional density columns permit additional density
where the following specified location and amenity criteria have been provided. Additional
density where achievable is applied during the development permit process. Within mixed
use development, additional density may be awarded where the lot includes both
commercial and residential uses. Tier 1 awards additional density where a development
meets or exceeds the Tier 1 requirements, as specified within "Schedule D - Amenity
Requirements for Additional Density" of this bylaw; Tier 2 awards additional density to a
development which meets or exceeds the Tier 2 requirements within Schedule D. Where a
development achieves additional density, the additional floor area may be added to the
base density within the zone. A development may achieve all of the additional density
available within the zone:
Zone
Maximum Allowable
Floor Area Ratio (FAR)
Additional Density
Mixed Use*
Tier 1
Tier 2
CC1
0.45
N/A
N/A
N/A
CC2
0.55
N/A
+0.25
+0.25
CC3
0.45
+0.75
N/A
N/A
CC4
1.25
+0.55
+0.25
+0.25
CC5
1.00
+0.25
+0.25
+0.35
CC6
No more than one accessory dwelling unit
shall be permitted.
N/A
N/A
N/A
* Where the definition of 'Mixed Use' is met.
(4500.036; 2013-APR-22) (4500.092; 2016-FEB-01) (4500.219; 2024-MAR-04)
Part 10 - Page 7
Commercial Centre City of Nanaimo Zoning Bylaw
10.3.2 In addition to the density permitted within Subsection 10.3.1 within the CC3, CC4 and CC5
zones, where parking spaces are provided beneath a principal building (where the roof of
the underground parking is not more than 0.8m above the finished grade), an amount may
be added to the Floor Area Ratio equal to 0.25 multiplied by the percentage of the total
parking spaces provided underground.
10.3.3 Notwithstanding Subsection 10.3.1, for the properties legally described as LOT 2,
DISTRICT LOTS 14 & 30, WELLINGTON DISTRICT, PLAN EPP69239 (4900 Uplands
Drive); LOT 1, DISTRICT LOT 30, WELLINGTON DISTRICT, PLAN EPP69239 (4950
Uplands Drive); and LOT 3, DISTRICT LOTS 14 & 30, WELLINGTON DISTRICT, PLAN
EPP69239 (6055 Turner Road), where the properties include a residential use, the
maximum allowable Floor Area Ratio shall be as permitted within the High Density (High
Rise) Residential (R9) zone. (4500.048; 2015-AUG-17) (4500.182; 2021-DEC-06)
10.4
LOT SIZE AND DIMENSIONS
10.4.1 The following table specifies the minimum lot size, minimum lot frontage and minimum lot
depth of all serviced commercial centre lots within the corresponding zones:
Zone
Minimum Lot Size
Minimum Lot
Frontage
Minimum Lot Depth
CC1
800m2
15m
30m
CC2
1000m2
15m
30m
CC3
1200m2
15m
30m
CC4
2000m2
30m
45m
CC5
1000m2
15m
30m
CC6
4000m2
30m
50m
10.5
SITING OF BUILDINGS
10.5.1 The following table identifies the distance a principal building must be set back from the lot
line within each zone:
Zone
Minimum
Front Yard
Setback
Maximum
Front Yard
Setback
Side
Yard
Flanking
Side Yard
Rear
Yard
Notes
CC1
4.5m
7.5m
3m
4m
4.5m
CC2
4.5m
7.5m
3m
4m
4.5m
CC3
7.5m
N/A
3m
6m
7.5m
Front yard setback may be
reduced to 4.5m where no
parking is located between the
front property line and the front
face of the building.
CC4
7.5m
N/A
3m
6m
7.5m
Front yard setback may be
reduced to 4.5m where no
parking is located between the
front property line and the front
face of the building.
CC5
4.5m
N/A
3m
4m
4.5m
CC6
7.5m
N/A
3m
7.5m
7.5m
Part 10 - Page 8
Commercial Centre City of Nanaimo Zoning Bylaw
10.5.2 Notwithstanding Subsection 10.5.1, general provisions in Part 6 for the siting of buildings
near watercourses will apply.
10.5.3 Notwithstanding Subsection 10.5.1, where a property line abuts a major road, an additional
2.5m front and/or flanking side yard setback is required when the dedication to achieve the
required right-of-way width has not occurred to facilitate the widening of the major road.
(4500.182; 2021-DEC-06)
10.5.4 Notwithstanding Subsection 10.5.1, where only one principal building exists on the lot no
more than 50% of the front face of a building façade shall be setback further than the
maximum permitted front yard setback. (4500.158; 2019-DEC-02)
10.5.5. Notwithstanding Subsection 10.5.1, where more than one principal building exists on the lot
at least 50% of the property frontage must include a building front face within the maximum
front yard setback area.
10.6
SIZE OF BUILDINGS
10.6.1 The maximum lot coverage and height, as well as the minimum required height, and
maximum Gross Floor Area of a principal building shall be as specified within following
table within the applicable zone:
Zone
Lot
Coverage
Maximum
Allowable
Height
Additional Height
Minimum
Required
Height
CC1
60%
10m
N/A
CC2
50%
10m
N/A
CC3
50%
14m
N/A
CC4
50%
14m
N/A
CC5
50%
14m
An additional 4m where the lot
includes both commercial and
residential uses.
2 stories
CC6
50%
9m
N/A
(4500.158; 2019-DEC-02)
10.6.2 Notwithstanding Subsection 10.6.1, the maximum allowable height for a principal residential
building on the properties legally described as LOT 2, DISTRICT LOTS 14 & 30,
WELLINGTON DISTRICT, PLAN EPP69239 (4900 Uplands Drive): LOT 1, DISTRICT LOT
30, WELLINGTON DISTRICT, PLAN EPP69239 (4950 Uplands Drive); and LOT 3,
DISTRICT LOTS 14 & 30, WELLINGTON DISTRICT, PLAN EPP69239 (6055 Turner Road)
is 36m. (4500.048; 2015-AUG-17) (4500.182; 2021-DEC-06)
Part 11 - Page 1
Downtown City of Nanaimo Zoning Bylaw
PART 11- DOWNTOWN
11.1
DESCRIPTION OF ZONES
11.2
Zone
Abbreviation
Intent of Zone
Core
DT1
This zone provides for a mix of uses where residents expect to live in
an area where shopping, clubs, cultural and entertainment uses exist
compatibly.
Fitzwilliam
DT2
This zone provides for commercial and residential uses primarily
through in-fill development that is compatible with areas with existing
heritage character.
Wallace
DT3
This zone provides for residential and commercial uses with retail at
the street level.
Terminal
Avenue
DT4
This zone provides for predominately mixed office and retail area with
three to six storey street wall related buildings intended to support the
unique role as a gateway into the downtown core.
Chapel Front
DT5
This zone provides for higher density residential developments and
some compatible office, retail, cultural, recreational, service and
institutional uses. Emphasis is placed on achieving development that
is compatible with neighboring development with respect to
streetscape character, open spaces, view retention, sunlight access
and privacy. As outlined in the Downtown Reference Plan, Council
may consider rezoning in order to achieve higher density, including
highrises, within the area covered by this zone.
Port Place
DT6
This zone provides for an integrated residential and commercial
community that anchors the downtown in a manner that supports the
nearby waterfront walkway and Commercial Street shopping area. As
outlined in the Downtown Reference Plan, Council may consider
rezoning in order to achieve higher density, including highrises, within
the area covered by this zone.
Quennell
Square
DT7
This zone provides for residential development and some compatible
office, retail, cultural, recreational, institutional and service uses that
are compatible with neighboring development with respect to
streetscape character, open spaces, view retention, sunlight access
and privacy.
Old City
Mixed Use
DT8
This zone provides for mixed commercial / residential buildings.
Commercial uses are permitted at street level and multiple family
residential uses on the second and third storeys. It is intended to
provide for the adaptive reuse of character buildings.
Old City
Central
DT9
This zone provides for the wide range of businesses and services
generally located in a downtown area and which serve the needs of
the community at large. It is intended to provide for the adaptive
reuse of character buildings.
Old City Infill
Business
Commercial
DT10
This zone provides for business and professional offices and is
intended to preserve service commercial uses. It is also intended to
provide for the adaptive reuse of character buildings.
Old City Infill
Service
Commercial
DT11
This zone provides for day-to-day shopping needs of persons residing
in the immediate vicinity. It is also intended to provide business and
professional offices and is intended to preserve service commercial
uses while providing for the adaptive reuse of character buildings.
Gateway
DT12
This zone provides for a mixture of uses and active street frontages
which recognize the areas role as an entrance gateway into
Nanaimo's downtown core.
Part 11 - Page 2
Downtown City of Nanaimo Zoning Bylaw
PERMITTED USES
11.2.1 The uses listed in the following table shall be permitted where indicated with a 'P' within the
corresponding zone as per the conditions of use specified:
Use
Zones
Conditions of
Use
DT1
DT2
DT3
DT4
DT5
DT6
DT7
DT8
DT9
DT10
DT11
DT12
Arcade
--
--
--
--
--
P
--
--
P
--
--
P
Permitted within a
shopping centre
only.
Artist Studio
P
P
P
P
P
P
P
--
--
--
P
P
Assembly Hall
P
P
P
P
P
P
P
P
P
--
--
P
Auto Part
Sales
--
--
--
P
--
P
--
--
--
--
--
--
Auto Repair
--
--
--
P
--
--
--
--
--
--
--
P
No auto repair
use shall be
permitted where
the property
directly abuts
Nicol Street.
Auto Sales
and Rental
--
--
P
P
--
P
P
--
--
--
--
P
The surface
display / storage
of vehicles for
sale or rental
shall not exceed
4 per lot.
Boat and
Equipment
Sales
--
SS
--
--
--
--
--
--
--
--
--
--
Bingo Hall
--
P
P
P
--
P
--
--
P
--
--
--
Cannabis
Retail Store
SS
--
--
SS
SS
--
--
--
--
--
--
SS
Casino
--
--
--
--
--
P
--
--
--
--
--
--
Club or Lodge
P
P
P
P
P
P
P
--
--
--
--
P
Commercial
School
P
P
P
P
P
P
P
P
P
--
--
P
Convention
Centre
P
P
P
P
P
P
P
--
--
--
--
P
Court of Law
P
P
P
P
P
P
P
--
P
--
--
P
Cultural
Facility
P
P
P
P
P
P
P
--
P
--
--
P
Custom
Workshop
--
--
--
SS
--
--
--
--
P
--
--
P
Daycare
P
P
P
P
P
P
P
P
P
P
P
P
Electric
Vehicle
Charge
Station
P
P
P
P
P
P
P
P
P
P
P
P
Emergency
Shelter
--
--
--
P
--
--
--
--
--
--
--
--
Entertainment
Use
P
--
--
P
P
P
--
--
--
--
--
--
Fast Food
Restaurant
--
--
SS
SS
--
SS
--
--
--
--
--
SS
Financial
Institution
P
P
P
P
P
P
P
P
P
P
P
P
Funeral
Parlour
P
P
P
P
P
P
P
--
P
--
--
P
Gas Station
--
--
--
SS
--
--
--
--
--
--
--
--
Hotel
P
P
P
P
P
P
P
--
P
--
--
P
Internet
Centre
P
P
P
P
P
P
P
P
P
P
P
P
Part 11 - Page 3
Downtown City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of
Use
DT1
DT2
DT3
DT4
DT5
DT6
DT7
DT8
DT9
DT10
DT11
DT12
Laboratory
P
--
P
P
--
P
--
--
--
--
--
--
Laundromat
P
P
P
P
P
P
--
P
P
--
P
P
Library
P
P
P
P
P
P
P
--
--
--
--
P
Liquor Store
--
--
SS
--
--
SS
--
--
--
--
--
SS
Live / Work
P
P
P
P
P
P
P
P
P
--
P
P
Lounge
P
P
P
P
P
P
P
--
--
--
--
--
Micro Brewery
P
P
--
P
P
P
--
--
--
--
--
P
The Gross Floor
Area of a micro
brewery shall not
exceed 557m2.
Multiple
Family
Dwelling
P
P
P
P
P
P
P
P
P
--
P
P
Within the DT9
and DT12 Zones,
residential uses
are not permitted
on the first storey.
Museum
P
P
--
P
P
P
--
--
--
--
--
--
Neighbour-
Hood Pub
P
P
P
P
P
P
P
P
P
--
-
P
Office
P
P
P
P
P
P
P
P
P
P
P
P
Parking Lot /
Parkade
P
P
P
P
P
P
P
P
P
P
P
P
Within the DT8
Zone, parking lots
and parkades
shall not be
permitted on lots
with an area
greater than
1,800m2.
Pawn Shop
P
P
P
P
P
P
P
P
P
--
P
P
No pawn shop
shall be located
within a 300m
radius of another
pawn shop.
Personal Care
Facility
P
P
P
P
P
P
P
P
P
--
--
P
Personal
Service Use
P
P
P
P
P
P
P
P
P
P
P
P
Pharmacy
P
P
P
P
P
P
P
P
P
--
P
P
Printing and
Publishing
Facility
P
P
P
P
P
P
P
P
P
--
--
P
Production
Studio
P
--
P
P
P
P
--
--
--
--
--
P
Public Market
P
P
P
P
P
P
P
--
--
--
--
P
Permitted as a
seasonal use.
No outside
storage shall be
permitted after
market hours.
Recreation
Facility
P
P
P
P
P
P
P
P
P
--
--
P
Refund
Container
Recycling
Depot
--
--
--
P
--
P
--
--
--
--
--
P
Gross Floor Area
not to exceed
140m2.
Use shall be
wholly enclosed
within a building.
Repair Shop
--
P
--
P
--
P
--
--
P
--
--
P
Religious
Institution
P
P
P
P
P
P
P
P
P
--
--
P
Part 11 - Page 4
Downtown City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of
Use
DT1
DT2
DT3
DT4
DT5
DT6
DT7
DT8
DT9
DT10
DT11
DT12
Restaurant
P
P
P
P
P
P
P
P
P
P
P
P
Retail
P
P
P
P
P
P
P
P
P
--
P
P
Rooming
House
--
P
P
P
P
P
P
P
P
P
P
P
Shopping
Centre
--
--
--
--
--
P
--
--
P
--
--
P
Single
Residential
Dwelling
--
P
P
--
P
--
P
P
P
P
P
P
Sign Shop
--
--
--
P
--
--
--
--
--
--
--
--
Social Service
Resource
Centre
P
P
P
P
P
P
P
P
--
--
--
P
Teletheatre
Outlet
P
P
--
--
--
P
--
--
--
--
--
--
Must be
contained within
a Lounge, Casino
or
Neighbourhood
Pub.
Theatre
P
P
--
P
P
P
--
P
P
--
--
P
Transportation
Terminal
P
P
--
P
--
P
--
--
--
--
--
P
University,
College,
Technical
School
P
P
P
P
P
P
P
--
--
--
--
--
Veterinary
Clinic
P
P
P
P
P
P
P
P
P
--
--
P
Wholesale
--
--
P
P
--
P
--
--
--
--
--
P
Use shall be
wholly enclosed
within a building.
(4500.041; 2013-AUG-12) (4500.073; 2015-MAR-16) (4500.152; 2019-SEP-09) (4500.144; 2019-SEP-16)
(4500.132; 2019-OCT-21) (4500.158; 2019-DEC-02) (4500.161; 2019-DEC-02) (4500.141; 2020-AUG-31)
P
= Permitted Use
SS
= Permitted as a Site Specific Use
--
= Use Not Permitted Within Specified Zone
11.2.2 Notwithstanding Subsection 11.2.1, commercial uses are only permitted within the first storey
of a building within the DT8 Zone.
Part 11 - Page 5
Downtown City of Nanaimo Zoning Bylaw
11.2.3 The uses listed in the following table shall be permitted as an accessory use where indicated
with an 'A' within the corresponding zone as per the conditions of use specified:
Use
Zones
Conditions of Use
DT1
DT2
DT3
DT4
DT5
DT6
DT7
DT8
DT9
DT10
DT11
DT12
Accessory
Dwelling
A
A
A
A
A
A
A
A
A
A
A
A
Only permitted
above street
level within the
DT2 Zone.
Boarding
and
Lodging
--
A
A
--
--
A
A
A
A
A
A
A
Shall not
exceed two
sleeping units
and shall not
accommodate
more than two
persons.
Home
Based
Business
A
A
A
A
A
A
A
A
A
A
A
A
Secondary
Suites
--
A
A
--
--
A
A
A
A
A
A
A
Permitted as an
accessory use
where a single
residential
dwelling is the
only use on the
lot. Subject to
Part 6 of this
Bylaw.
Short-
Term
Rental
A
A
A
A
A
A
A
A
A
A
A
A
Subject to Part
6
(4500.073; 2015-MAR-16) (4500.186; 2022-FEB-07)
A = Permitted as an Accessory Use
Part 11 - Page 6
Downtown City of Nanaimo Zoning Bylaw
11.2.4 Notwithstanding Subsection 11.2.1 the following uses shall be permitted on site specific
basis:
Use
Permitted
Location
Address
Legal Description of Permitted Located
Boat and
Equipment
Sales
690 Comox Road
LOT 1, SECTION 1, NANAIMO DISTRICT, PLAN 42067,
EXCEPT THAT PART IN PLAN 48000
Cannabis Retail
Store
350 Terminal
Avenue
LOT 9, 10, 11, 12, BLOCK 63, SECTION 1, NANAIMO
DISTRICT, AND OF THE BED OF NANAIMO HARBOUR, PLAN
584
52 Victoria
Crescent
LOT 3, SITUATE IN COMMERCIAL INLET IN THE BED OF THE
PUBLIC HARBOUR OF NANAIMO AND OF SECTION 1,
NANAIMO DISTRICT, PLAN 9893
111 Nicol Street
LOT 9 & 10, BLOCK 10, SECTION 1, NANAIMO DISTRICT,
PLAN 584
120 Commercial
Street
LOT 5, BLOCK 58, SECTION 1, NANAIMO DISTRICT, PLAN
584, EXCEPT THAT PART THEREOF OUTLINED IN RED ON
PLAN 182 BL
25 Front Street
LOT 1, SECTION 1, NANAIMO DISTRICT, PLAN 15369
111 Terminal
Avenue
LOT B, SECTION 1, NANAIMO DISTRICT, PLAN, VIP75182
115 Chapel Street
LOT 13, BLOCK 54, SECTION 1, NANAIMO DISTRICT, PLAN
584
140 Terminal
Avenue
LOT 1, SECTION 1, NANAIMO DISTRICT, PLAN VIP62978
Fast Food
Restaurant
15 Wallace Street
LOT A, SECTION 1, NANAIMO DISTRICT, PLAN VIP73095
650 Terminal
Avenue
LOT 1, SECTION 1, NANAIMO DISTRICT, AND PART OF THE
BED OF THE PUBLIC HARBOUR OF NANAIMO, PLAN
EPP10474
60 Victoria Street
LOT B, SECTION 1, NANAIMO DISTRICT, PLAN 44401
EXCEPT THAT PART IN PLAN VIP52897
280 Nicol Street
LOT 1 & 2 & 3, BLOCK JACKSON, SECTION 1, NANAIMO
DISTRICT, PLAN 584
Gas Station
60 Victoria
Crescent
LOT A OF SECTION 1 AND THE BED OF THE PUBLIC
HARBOUR OF NANAIMO, NANAIMO DISTRICT, PLAN
VIP52912
353 Terminal
Avenue
LOT 4 & 5, SECTION 1, NANAIMO DISTRICT, AND OF THE
BED OF THE PUBLIC HARBOUR OF NANAIMO, PLAN 9079
222 Terminal
Avenue
LOT A, SECTION 1, NANAIMO DISTRICT, PLAN 10981
199 Nicol Street
LOT A, SECTION 1, NANAIMO DISTRICT, PLAN 44401
EXCEPT PART IN PLAN VIP63763
Part 11 - Page 7
Downtown City of Nanaimo Zoning Bylaw
Use
Permitted
Location
Address
Legal Description of Permitted Located
330 Nicol Street
LOT 1 AND 2, BLOCK YOUNG, SECTION 1, NANAIMO
DISTRICT, PLAN 584, EXCEPT THE SOUTHERLY 43 FEET
Liquor Store
278 Selby Street
LOT 4, BLOCK 33, SECTION 1, NANAIMO DISTRICT, PLAN
584
650 Terminal
Avenue
LOT 1, SECTION 1, NANAIMO DISTRICT AND PART OF THE
BED OF THE PUBLIC HARBOUR OF NANAIMO,
PLANEPP10474
1 Terminal
Avenue
LOT 1, SECTION 1, DISTRICT LOT 234, NANAIMO DISTRICT,
PLAN 15318 EXCEPT THAT PART IN PLAN 48701
LOT 330, NANAIMO DISTRICT, EXCEPT THAT PART
THEREOF INCLUDED IN PLAN 2100 RW
LOTS A & B, SEC 1, PLAN 3360
125 Comox Street
LOT 1, SECTION 1, NANAIMO DISTRICT, PLAN VIP58812
(4500.002; 2011-OCT-03) (4500.152; 2019-SEP-09) (4500.144; 2019-SEP-16) (4500.132; 2019-OCT-21)
(4500.161; 2019-DEC-02) (4500.141; 2020-AUG-31) (4500.146; 2021-JUL-26) (4500.160; 2021-NOV-15)
(4500.145; 2022-JUL-04) (4500.219; 2024-MAR-04)
11.3
DENSITY
11.3.1 The following table specifies the maximum allowable base density, expressed as a Floor Area
Ratio, per lot for each zone listed. The additional density columns permit additional density
where the following specified location and amenity criteria have been provided. Within mixed
use development additional density may be awarded where the lot includes both commercial
and residential uses. Tier 1 awards additional density where a development meets or
exceeds the Tier 1 requirements as specified within Schedule D of this Bylaw; Tier 2 awards
additional density to a development which meets or exceeds the Tier 2 requirements within
Schedule D. Where a development achieves additional density, the additional floor area may
be added to the base density within the zone. A development may achieve all of the
additional density available within the zone:
Zone
Maximum Allowable Density
(Floor Area Ratio)
Additional Density
Mixed Use*
Tier 1
Tier 2
DT1
2.8
N/A
+0.2
+0.25
DT2
2.3
N/A
+0.2
+0.25
DT3
2.55
N/A
+0.2
+0.25
DT4
2.3
N/A
+0.2
+0.25
DT5
2.3
N/A
+0.2
+0.25
DT6
2.3
N/A
+0.2
+0.25
DT7
2.3
N/A
+0.2
+0.25
DT8
0.85
+0.15
N/A
N/A
DT9
0.85
+0.15
N/A
N/A
DT10
1 Dwelling Unit
N/A
N/A
N/A
DT11
0.85
N/A
+0.2
+0.25
DT12
1.00
+0.25
+0.25
+0.25
* Where the definition of 'Mixed Use' is met.
(4500.041; 2013-AUG-12) (4500.219; 2024-MAR-04)
Part 11 - Page 8
Downtown City of Nanaimo Zoning Bylaw
11.3.2 Notwithstanding Subsection 11.3.1, the maximum allowable density for the following
specific properties shall be as expressed as a Floor Area Ratio:
Civic Address
Legal Description
Maximum Allowable Floor Area
Ratio
11 Bastion Street
LOT 1, SECTION 1, NANAIMO
DISTRICT, PLAN 40829
A maximum Floor Area Ratio shall
not apply.
1 Chapel Street
LOT 1, SECTION 1, NANAIMO
DISTRICT, PLAN 17321
5.0
77 Chapel Street
LOT A, SECTION 1, NANAIMO
DISTRICT, PLAN 86703
4.25
6 Commercial Street
LOT 5 , LOT 5A AND PARCEL A
(21321N) OF LOTS 27-29 LOT 27 AND
LOT 28 EXCEPT PARCEL A (21321N),
BLOCK 13, SECTION 1, NANAIMO
DISTRICT, PLAN 584
6.0
10 Front Street
LOT 1, SECTION 1, NANAIMO
DISTRICT, PLAN EPP45622
12.0
38 Front Street
LOT A, SECTION 1, NANAIMO
DISTRICT, PLAN VIP63943
6.3
15 and 21 Front Street
LOTS 12 AND 13, BLOCK 55, SECTION
1, NANAIMO DISTRICT, PLAN 584
3.3
100 Gordon Street
LOT A, SECTION 1, NANAIMO
DISTRICT AND OF THE BED OF THE
PUBLIC HARBOUR, PLAN EPP30518
A maximum Floor Area Ratio shall
not apply.
55 Prideaux Street
LOT B - D, SECTION 1, NANAIMO
DISTRICT, PLAN 3421
2.1
65 Prideaux Street
LOT 12, BLOCK 46, SECTION 1,
NANAIMO DISTRICT, PLAN 584
69 Prideaux Street
LOT 13, BLOCK 46, SECTION 1,
NANAIMO DISTRICT, PLAN 584
73 Prideaux Street
LOT 14, BLOCK 46, SECTION 1,
NANAIMO DISTRICT, PLAN 584
66 Prideaux Street
LOT 6 AND THE SOUTHERLY 14 FEET
9 INCHES OF LOT 7, BLOCK 45,
SECTION 1, NANAIMO DISTRICT,
PLAN 584
2.8
(4500.069; 2014-OCT-27) (4500.126; 2018-NOV-19) (4500.158; 2019-DEC-02) (4500.188; 2023-MAY-01)
(4500.219; 2024-MAR-04)
11.3.3 Notwithstanding Subsection 11.3.1., where parking spaces are provided beneath a principal
building (where the roof of the underground parking is not more than 0.8m above the finished
grade), an amount may be added to the Floor Area Ratio equal to 0.25 multiplied by the
percentage of the total parking spaces provided underground.
Part 11 - Page 9
Downtown City of Nanaimo Zoning Bylaw
11.4
LOT SIZE AND DIMENSIONS
11.4.1 The following table specifies the minimum lot size, minimum lot frontage and minimum lot
depth of all serviced downtown lots within the corresponding zones:
Zone
Minimum Lot Size
Minimum Lot
Frontage
Minimum Lot Depth
DT1
370m2
12m
25m
DT2
370m2
12m
25m
DT3
370m2
12m
25m
DT4
370m2
12m
30m
DT5
370m2
12m
30m
DT6
743m2
30m
30m
DT7
370m2
12m
30m
DT8
800m2
15m
30m
DT9
375m2
12m
30m
DT10
375m2
12m
30m
DT11
375m2
12m
30m
DT12
750m2
15m
30m
11.4.2 Notwithstanding Subsection 11.4.1, where a lot contains or abuts a watercourse identified in
Schedule C, the required leave strip shall not be included in the calculation of minimum lot
area.
Part 11 - Page 10
Downtown City of Nanaimo Zoning Bylaw
11.5
SITING OF BUILDINGS
11.5.1 The following table identifies the distance a principal building must be set back from the lot
line within each respective zone:
Zone
Minimum
Front Yard
Setback
Maximum
Front Yard
Setback
Side
Yard
Flanking
Side Yard
Rear
Yard
Notes
DT1
0m
4m
0m
0m
0m
A front yard setback of 4.5m is
required for properties fronting
on Terminal Avenue.
DT2
0m
4m
0m
0m
0m
DT3
3m
N/A
0m
3m
10m
DT4
4.5m
N/A
0m
0m
0m
DT5
1.5m
4m
0m
1.5m
0m
Where a property fronts on
Front Street, no front yard
setback is required.
DT6
0m
N/A
0m
0m
0m
A front yard setback of 4.5m is
required for properties fronting
on Terminal Avenue.
DT7
4.6m
N/A
1.8m
4.6m
7.5m
DT8
3m - First
Storey
4m - Second
and Third
Storeys
6m
3m
3m
3m
Where a lot abuts a residential
zone, the side yard setback
shall be 4.5m
DT9
2m
4m
0m
2m
0m
Where commercial uses are
combined with residential uses,
the residential use portion of
the building shall have a front
yard and flanking side yard
setback of 4m.
DT10
3m
N/A
1.5m
3m
3m
Where a lot abuts a residential
zone, the side yard setback
shall be 4.5m.
DT11
3m
N/A
1.5m
3m
3m
Where a lot abuts a residential
zone, the side yard setback
shall be 4.5m.
DT12
3.5m
10m
0m
3.5m
0m
11.5.2 Notwithstanding Subsection 11.5.1, where only one principal building exists on the lot no
more than 50% of the front face of a building façade shall be setback further than the
maximum permitted front yard setback. (4500.158; 2019-DEC-02)
11.5.3 Notwithstanding Subsection 11.5.1, general provisions in Part 6 of this Bylaw for the siting of
buildings near watercourses will also apply.
Part 11 - Page 11
Downtown City of Nanaimo Zoning Bylaw
11.5.4 Notwithstanding Subsection 11.5.1, where a property line abuts a major road, an additional
2.5m setback is required when the dedication to achieve the required right-of-way width has
not occurred to facilitate the widening of the major road. (4500.073; 2015-MAR-16)
(4500.182; 2021-DEC-06)
11.6
LOCATION OF PARKING AREA
11.6.1 Within all downtown zones, except the DT8 Zone, no parking shall be permitted between the
front property line and the front face of the building.
11.6.2 Overnight storage of commercial vehicles which have a gross vehicle weight greater than
8,600kg shall not be permitted within parking lots or parkades within downtown zones.
11.7
SIZE OF BUILDINGS
11.7.1 The maximum lot coverage and height, as well as the minimum required height of a principal
building, shall be as specified as follows within the applicable zone:
Zone
Lot Coverage
Maximum Allowable Height
Minimum Required Height
DT1
100%
14m
2 Storeys
DT2
100%
12m
N/A
DT3
100%
14m
N/A
DT4
100%
19.8m
2 Storeys
DT5
100%
19.8m
2 Storeys
DT6
100%
19.8m
N/A
DT6H
100%
87m
N/A
DT7
100%
14m
N/A
DT8
50%
10.5m
N/A
DT9
70%
11.2m
2 Storeys
DT10
50%
7.75m
N/A
DT11
50%
10.5m
N/A
DT12
100%
19.8m
2 Storeys
(4500.041; 2013-AUG-12) (4500.126; 2018-NOV-19)
Part 11 - Page 12
Downtown City of Nanaimo Zoning Bylaw
11.7.2 Notwithstanding Subsection 11.7.1, the maximum allowable height for the following specific
properties shall be as follows:
Civic Address
Legal Description
Maximum Allowable Height
11 Bastion Street
LOT 1, SECTION 1, NANAIMO
DISTRICT, PLAN 40829
50m
1 Chapel Street
LOT 1, SECTION 1, NANAIMO
DISTRICT, PLAN 17321
50m
77 Chapel Street
LOT A, SECTION 1, NANAIMO
DISTRICT, PLAN 86703
78.5m
10 Front Street
LOT 1, SECTION 1, NANAIMO
DISTRICT, PLAN EPP45622
114.3m
38 Front Street
LOT A, SECTION 1, NANAIMO
DISTRICT, PLAN VIP63943
63.5m
100 Gordon Street
LOT A, SECTION 1, NANAIMO DISTRICT
AND OF THE BED OF THE PUBLIC
HARBOUR, PLAN EPP30518
87m
55 Prideaux Street
LOT B - D, SECTION 1, NANAIMO
DISTRICT, PLAN 3421
21m
65 Prideaux Street
LOT 12, BLOCK 46, SECTION 1,
NANAIMO DISTRICT, PLAN 584
69 Prideaux Street
LOT 13, BLOCK 46, SECTION 1,
NANAIMO DISTRICT, PLAN 584
73 Prideaux Street
LOT 14, BLOCK 46, SECTION 1,
NANAIMO DISTRICT, PLAN 584
66 Prideaux Street
LOT 6 AND THE SOUTHERLY 14 FEET 9
INCHES OF LOT 7, BLOCK 45, SECTION
1, NANAIMO DISTRICT, PLAN 584
21m
(4500.069; 2014-OCT-27) (4500.126; 2018-NOV-19) (4500.158; 2019-DEC-02) (4500.188; 2023-MAY-01)
(4500.219; 2024-MAR-04)
11.7.3 Notwithstanding Subsection 11.7.1, within the DT8, DT9, DT10, and DT11 zones height shall
be measured vertically from the average natural grade level recorded at the outermost
corners of the building or at the curb level, whichever is greater, as determined by survey to
the highest part of the roof surface for a flat roof, the deck line of a mansard roof, and the
mean height level between the eaves and ridge of a gable, hip, or gambrel of a sloped roof.
Part 12 - Page 1
Parks, Recreation and Culture
City of Nanaimo Zoning Bylaw
PART 12 - PARKS, RECREATION AND CULTURE
12.1
DESCRIPTION OF ZONES
Zone
Abbreviation
Intent of Zone
Parks,
Recreation and
Culture One
PRC-1
This zone provides opportunities for the conservation and enjoyment
of natural spaces within City parks. This zone will allow for
recreational and educational uses that are compatible with the
natural features within the park.
Parks,
Recreation and
Culture Two
PRC-2
This zone provides for a park area for recreational and cultural use
and enjoyment by the general public.
Parks,
Recreation and
Culture Three
PRC-3
This zone provides for organized recreational and cultural activities
in developed parks, playfields, or similar recreational facilities.
12.2 PERMITTED USES
12.2.1 The uses listed in the following table shall be permitted where indicated with a 'P' within the
corresponding specified zone as per the conditions of use specified in the last column:
Use
Zone
Conditions of Use
PRC-1
PRC-2
PRC-3
City Park
--
--
P
Neighbourhood pubs shall be contained within
a recreational facility and shall only be
accessible to the public from within a
recreational facility.
Community
Park
--
P
P
Golf Course
--
--
P
Where a golf course exists, an accessory
restaurant, pro shop and lounge shall be
permitted provided the Gross Floor Area does
not exceed 450m2.
Nature Park
P
P
P
Recreational
Facility
--
--
P
Tennis Court
--
P
P
P = Permitted Use
-- = Use Not Permitted In This Zone
Part 12 - Page 2
Parks, Recreation and Culture
City of Nanaimo Zoning Bylaw
12.3
SITING OF BUILDINGS
12.3.1 The following table identifies the distance a principal building must be set back from the lot
line within each respective zone:
Zone
Front Yard
Setback
Side Yard
Setback
Flanking Side
Yard Setback
Rear Yard
Setback
PRC-1
0m
0m
0m
0m
PRC-2
3m
3m
3m
3m
PRC-3
3m
3m
3m
3m
12.4 LOT COVERAGE
12.4 The maximum allowable lot coverage within the specified Parks, Recreation and Culture
Zones shall be as follows:
Maximum
Allowable
Lot Coverage
PRC-1
PRC-2
PRC-3
20%
20%
40%
Part 13 - Page 1
Industrial City of Nanaimo Zoning Bylaw
PART 13 - INDUSTRIAL
13.1
DESCRIPTION OF ZONES
Zone
Abbreviation
Intent of Zone
Highway
Industrial
I1
This zone provides for clean industrial uses, as well as
commercial uses which require large lots.
Light
Industrial
I2
This zone provides for uses which are industrial in nature but do
not result in excessive noise, waste or noxious fumes.
High Tech
Industrial
I3
This zone provides for clean, high-tech industrial uses and
supporting commercial uses.
Industrial
I4
This zone provides for heavy industrial development that is not
compatible with residential uses.
13.2
PERMITTED USES
13.2.1 The following uses shall be permitted within industrial zones:
Use
Zones
Conditions of Use
I1
I2
I3
I4
Animal Shelter
P
--
--
--
Auction
P
--
--
--
Automobile
Sales and
Rentals
P
--
--
--
Auto Part Sales
P
--
--
--
Automotive
Repair
P
P
--
--
Automobile
Salvage and
Wrecking Yard
--
--
--
P
Boat
Construction
and Repair
--
P
--
P
Within the I2 zone all repair and construction of boats must be
completely contained within a building or structure.
Boat Sales and
Service
P
--
--
--
Cannabis
Production and
Processing
--
--
--
P
Car Wash
P
--
--
--
Chemical Plant
--
--
--
P
Commercial
School
--
--
P
--
Composting
Facility
--
--
--
P
Concrete
Asphalt Plant
--
--
--
P
Crematorium
--
--
--
P
Part 13 - Page 2
Industrial City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of Use
I1
I2
I3
I4
Custom
Workshop
P
P
P
--
All processing of materials must occur within a building.
Data Centre
--
--
SS --
A noise abatement plan shall be required for all data centre
uses.
Daycare
--
--
P
--
Food and
Beverage
Processing
P
P
P
P
All processing of materials must occur within a building.
An odor abatement plan shall be required for all food processing
uses.
Fueling
Installation
P
Furniture and
Appliance Sales
P
--
--
--
Helicopter
Landing Pad
--
--
SS
--
Indoor Driving
and Shooting
Range
P
--
--
--
Industry
--
--
--
P
Injury
Management
Centre
P
--
--
--
Laboratory
P
P
P
--
Light Industry
P
P
P
P
All processing of materials must occur within a building.
Livestock
Processing
--
--
--
P
Log Sorting and
Storage
--
--
--
P
Lumber Yard
P
P
--
--
Manufacturing /
Contractor Office
P
P
P
The Gross Floor Area of the office area shall not exceed 929m2.
Micro Cannabis
Production and
Processing
P
P
--
--
All processing and storage of materials must occur within a
building. An odour abatement plan shall be required for all
micro cannabis production uses.
Mini Storage
P
P
P
--
Office
SS
SS
SS
--
Personal Care
Facility
--
--
SS
--
Pet Day Care
P
--
P
--
Petroleum
Processing
--
--
--
P
Prefab Home
Sales and
Manufacturing
P
P
--
--
Printing and
Publishing
Facility
P
P
P
--
Production
Bakery
P
P
P
--
Production
Studio
P
P
P
--
Part 13 - Page 3
Industrial City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of Use
I1
I2
I3
I4
Railway and
Railway Station
P
P
P
P
Railway Yard
--
P
--
P
Recycling Depot
--
P
--
P
Within the I2 zone, the use shall be contained within a completely
enclosed building. No building materials may be located within 6m
of a doorway or opening in a building greater than 1m in width or
1m in height; except when the doorway or opening remains
completely closed when no vehicle or person is entering or exiting
the building.
Recycling Plant
--
--
--
P
Recycling Drop
Off Centre
P
--
--
--
Refund
Container
Recycling Depot
--
P
P
--
Repair Shop
P
P
P
--
Recreational
Facility
--
--
P
--
Research
Facility
P
P
P
--
Restaurant
--
--
P
--
Seafood
Processing
--
SS
--
P
Service Industry
P
P
P
--
Sign Shop
P
P
P
--
Social Service
Resource Centre
P
P
P
--
Storage Yard
--
P
--
P
Storage of
Flammable and
Combustible
Liquids
--
--
--
P
Tools /
Equipment
Rentals and
Sales
P
--
P
--
Topsoil
Processing
--
--
--
P
Truck Terminal
--
--
--
P
Tow Truck
Dispatch and
Storage Yard
P
P
--
P
The sale of lawfully impounded motor vehicles is
permitted in conjunction with a tow truck dispatch yard;
provided the motor vehicles have been lawfully
impounded or recovered by the operator and no more
than three motor vehicles are for sale at any one time.
Truck, Trailer
and Heavy
Equipment
Sales
P
P
--
--
Veterinary Clinic
P
--
P
P
Warehouse
P
P
P
P
Waste Transfer
--
--
--
P
Wholesale
P
P
P
P
Part 13 - Page 4
Industrial City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of Use
I1
I2
I3
I4
Wood and Paper
Processing
--
--
--
P
(4500.033; 2012-DEC-03) (4500.036; 2013-APR-22) (4500.039; 2013-JUL-08) (4500.051; 2013-DEC-16)
(4500.053; 2013-DEC-16) (4500.59; 2014-MAR-24) (4500.067; 2014-SEP-08) (4500.073; 2015-MAR-16)
(4500.127; 2018-OCT-01) (4500.158; 2019-DEC-02) (4500.200; 2023-APR-03) (4500.219; 2024-MAR-04)
(4500.215; 2024-MAY-27) (4500.241; 2025-JUL-28)
P = Permitted Use
SS = Site Specific Use
-- = Not a Permitted Use in That Zone
13.2.2 The following uses shall be permitted where the use is accessory to one or more of the
primary uses permitted in Subsection 13.2.1:
Use
Zones
Conditions of Use
I1 I2 I3 I4
Daycare
A
A
A
A
Dwelling
Unit
A
A
A
A One dwelling unit shall be permitted per lot within all industrial
zones as an accessory use.
Office
A
A
A
A The total Gross Floor Area of an accessory office located on a
property shall not exceed 20% of the total Gross Floor Area on
the lot.
Restaurant A
A
--
--
Retail
A
A
A
-- Retail sale and display of goods shall be permitted, provided the
total Gross Floor Area devoted to retail and display does not
exceed 25% of the total Gross Floor Area of the principal use.
(4500.053; 2013-DEC-16) (4500.053; 2013-DEC-16) (4500.219; 2024-MAR-04)
A = Permitted as an Accessory Use
-- = Not Permitted as an Accessory Use in This Zone
13.2.3 Notwithstanding Subsection 13.2.1, the following uses shall be permitted on a site specific
basis:
Use
Permitted Location
Address
Legal Description of Permitted Location
Data Centre
2086 and 2090 East
Wellington Road
LOT A, SECTIONS 14 AND 15, RANGE 7,
MOUNTAIN DISTRICT, PLAN VIP54044
LOT 1, SECTIONS 14 AND 15, RANGE 7,
MOUNTAIN DISTRICT, PLAN 20112,
EXCEPT THOSE PARTS IN PLANS
20182, 21299 AND VIP54044
Helicopter Landing Pad
1985 Boxwood Road
LOT 9, SECTION 16, RANGE 7,
MOUNTAIN DISTRICT, PLAN VIP61143
Office
2100 and 2080 Labieux
Road
LOT 1, SECTION 20, RANGE 7,
MOUNTAIN DISTRICT, PLAN VIP58294
EXCEPT PART IN PLAN VIP62569
LOT A, SECTIONS 18, 19 & 20, RANGE 7,
MOUNTAIN DISTRICT, PLAN VIP62569
1605 Fielding Road*
*Subject to 13.2.3.1
LOT 3, SECTION 2 AND 3, NANAIMO
DISTRICT, PLAN EPP19870
Part 13 - Page 5
Industrial City of Nanaimo Zoning Bylaw
Use
Permitted Location
Address
Legal Description of Permitted Location
Personal Care Facility
1850 Boxwood Road
LOT 6, SECTION 15, RANGE 8
MOUNTAIN DISTRICT, PLAN EPP70084
Seafood Processing
232, 242, 248, and 262
Southside Drive
LOTS 4, 5, & 7, SECTION 1, NANAIMIO
DISTRICT, PLAN 30868
LOT 1 (DD EC123851), SECTION 1,
NANAIMO DISTRICT, PLAN 38212
(4500.031; 2012-DEC-03) (4500.053; 2013-DEC-16) (4500.059; 2014-MAR-24) (4500.072; 2014-DEC-11)
(4500.127; 2018-OCT-01) (4500.158; 2019-DEC-02) (4500.200; 2023-APR-03) (4500.215; 2024-MAY-27)
(4500.241; 2025-JUL-28)
13.2.3.1
As a condition of use on the lands legally described as LOT 3, SECTION 2 AND
3, NANAIMO DISTRICT, PLAN EPP19870 (1605 Fielding Road), the maximum
total Gross Floor Area of office as a principal use on the lands shall not exceed
12,077m2. (4500.215; 2024-MAY-27)
13.3
LOT SIZE AND DIMENSIONS
Zone Minimum Lot Area
Minimum Lot Frontage Minimum Lot Depth
I1
1,500m2
15m
30m
I2
1,200m2
15m
30m
I3
900m2
15m
30m
I4
1,800m2
15m
45m
13.4
SITING OF BUILDINGS
13.4.1 All buildings must be set back from the property lines as follows:
Zone
Front Yard
- Buildings
Front Yard - Where the Area
Between the Front Face of the
Building and the Front Property
is Landscaped and Not Used for
Parking
Side
Yard
#1
Side
Yard
#2
Flanking
Side Yard
Rear
Yard
I1
7.5m
4.5m
3m
0m
4.5m
4.5m
I2
7.5m
4.5m
6m
0m
4.5m
4.5m
I3
6m
3m
3m
0m
4.5m
6m
I4
7.5m
4.5m
6m
3m
4.5m
6m
13.4.2 Notwithstanding Subsection 13.4.1, where an industrial zoned property abuts a residential
or corridor zoned property, all buildings must be setback at least 7.5m from all property
lines which directly abut residential or corridor zoned property.
13.4.3
Notwithstanding Subsection 13.4.1, general provisions in Part 6 of this Bylaw for the siting
of buildings near watercourses will also apply.
Part 13 - Page 6
Industrial City of Nanaimo Zoning Bylaw
13.4.4
Notwithstanding Subsection 13.4.1, where a property line abuts a major road, a minimum
setback of 7.5m is required when the dedication to achieve the required right-of-way width
has not occurred to facilitate the widening of the major road. (4500.182; 2021-DEC-06)
13.4.5
Notwithstanding 13.4.1, where an industrial zoned property abuts the Agricultural Land
Reserve as identified by the Agricultural Land Commission through the Agricultural Land
Commission Act, all buildings and industrial uses must be setback at least 15m from the
Agricultural Land Reserve boundary. (4500.219; 2024-MAR-04)
13.6
SIZE OF BUILDINGS
13.6.1 The maximum lot coverage, floor area and height of a principal building shall be as follows:
Zone
Lot
Coverage
Additional Lot Coverage
Height of
Buildings
I1
40%
An additional 15% lot coverage shall be permitted, where the
proposed development provides sufficient amenity to meet the
minimum required points for one of the available amenity
categories outlined in Schedule D of this Bylaw.
12m
I2
40%
An additional 15% lot coverage shall be permitted, where the
proposed development provides sufficient amenity to meet the
minimum required points for one of the available amenity
categories outlined in Schedule D of this Bylaw.
12m
I3
50%
An additional 15% lot coverage shall be permitted, where the
proposed development provides sufficient amenity to meet the
minimum required points for one of the available amenity
categories outlined in Schedule D of this Bylaw.
14m
I4
50%
An additional 15% lot coverage shall be permitted, where the
proposed development provides sufficient amenity to meet the
minimum required points for one of the available amenity
categories outlined in Schedule D of this Bylaw.
18m
(4500.033; 2012-DEC-03) (4500.219; 2024-MAR-04)
13.6.2 Notwithstanding Subsection 13.6.1, on the lands legally described as LOT 3, SECTION 2
AND 3, NANAIMO DISTRICT, PLAN EPP19870 (1605 Fielding Road), the maximum
permitted building height shall be 18m, except where the principal use is office the maximum
permitted building height shall be 22m. (4500.215; 2024-MAY-27)
Part 14 - Page 1
Community Service City of Nanaimo Zoning Bylaw
PART 14 - COMMUNITY SERVICE
14.1
DESCRIPTION OF ZONES
Zone
Abbreviation
Intent of Zone
Community
Service One
CS1
This zone provides for public-oriented uses designed to serve
the community.
Community
Service Two
CS2
This zone provides for institutional and transportation services,
which have special location needs and must be sensitively
located within the community.
Community
Service Three
CS3
This zone provides for transportation terminals, depots, corridors
and other required infrastructure.
Part 14 - Page 2
Community Service City of Nanaimo Zoning Bylaw
14.2 PERMITTED USES
14.2.1 The following uses shall be permitted within the specified zones:
Use
Zone
CS1
CS2
CS3
Academic School
P
--
--
Animal Shelter
--
P
--
Assembly Hall
P
--
--
Bus Terminal
P
P
P
Cemetery
P
P
--
Club or Lodge
P
--
--
Cultural Facilities
P
--
--
Daycare
P
--
--
Electric Vehicle Charge Station
P
P
P
Ferry Terminal
--
--
P
Fire Hall
P
Health Clinic
P
--
--
Helicopter Land Pads
--
--
P
Hospital
P
P
--
Jail
--
P
--
Laboratory
--
P
--
Landfill
--
P
--
Library
P
--
--
Motor Vehicle Testing Centre
--
P
--
Museums
P
--
--
Personal Care Facility
P
--
--
Railway
--
--
P
Railway Yards
--
--
P
Railway Station
--
--
P
Recreational Facility
P
--
--
Religious Institution
P
--
--
Seaplane Terminal
--
--
P
Seniors Congregate Housing
P
--
--
Single Residential Dwelling
P
--
--
Social Service Resource Centre
P
P
--
Storage Yard
--
P
--
Transportation Equipment Storage
--
--
P
Transportation Terminal
P
University, College and Technical School
P
--
--
(4500.018; 2012-JUN-25) (4500.031; 2012-DEC-03) (4500.036; 2013-APR-22)
P = Permitted Use
-- = Use is Not Permitted in This Zone
Part 14 - Page 3
Community Service City of Nanaimo Zoning Bylaw
14.2.2 The following uses shall be permitted as an accessory use within the specified community
service zones:
Use
Zone
Notes
CS1 CS2 CS3
Biogas
Energy
Generation
--
A
--
Permitted as an accessory use to a landfill.
Crematorium
A
--
--
A crematorium shall be permitted in conjunction with a
cemetery, provided the crematorium shall not be located
within 30m of any lot line or 60m of any lot line in a rural or
residential zone.
Dwelling
Unit
A
A
--
One accessory dwelling unit shall be permitted.
Helicopter
Landing Pad
A
--
--
A helicopter landing pad shall be permitted as an accessory
to a hospital use.
Office
A
A
--
Restaurant &
Retail
--
A
A
Retail and restaurant uses shall be permitted where they are
located within a ferry terminal or railway station.
Secondary
Suite
A
--
--
Where a single residential dwelling is the only use on the lot.
Subject to the regulations contained in Part 6 of this Bylaw.
Short-Term
Rental
A
--
--
Subject to Part 6
Vehicle
Display
--
--
A
Permitted as an accessory use to a railway use.
Permitted only on that part of a parcel immediately abutting a
parcel zoned I1 or COR3 on which an automobile sales use
is taking place, regardless of whether the automobile display
use is accessory to the automobile use taking place on the
abutting land or not.
(4500.018; 2012-JUN-25) (4500.186; 2022-FEB-07)
A = Accessory Use
- = Not a Permitted Accessory Use
14.3
DENSITY
14.3.1 The Floor Area Ratio for a personal care facility and senior congregate housing shall not
exceed 1.25.
14.3.1.1 Notwithstanding Subsection 14.3.1, on the lands legally described as LOT A,
SECTION 1, NANAIMO DISTRICT, PLAN EPP29088 (355 Nicol Street), the Floor
Area Ratio for a personal care facility shall not exceed 2.23. (4500.209; 2023-NOV-
06)
14.3.2 Where a single residential dwelling is listed as a permitted use, only one such dwelling unit
is permitted per use. (4500.053; 2013-DEC-16) (4500.053; 2019-DEC-02)
Part 14 - Page 4
Community Service City of Nanaimo Zoning Bylaw
14.4
LOT SIZE AND DIMENSIONS
Zone
Minimum Lot Size
Minimum Lot
Frontage
Minimum Lot Depth
CS1
1,800m2
20m
30m
CS2
2,000m2
30m
45m
CS3
8,000m2
N/A
N/A
14.5
SITING OF BUILDINGS
14.5.1 A principal building must be set back from the property lines as follows:
Zone
Front Yard
Setback
Side Yard
Setback
Flanking Side
Yard
Rear Yard
Setback
CS1
6m
4m
6m
7.5m
CS2
7.5m
7.5m
7.5m
7.5m
CS3
N/A
N/A
N/A
N/A
14.5.2 Notwithstanding Subsection 14.5.1, general provisions in Part 6 of this Bylaw for the siting of
buildings near watercourses will also apply.
14.5.3 Notwithstanding Subsection 14.5.1, where a property line abuts a major road, an additional
2.5m front and/or flanking side yard setback is required when the dedication to achieve the
required right-of-way width has not occurred to facilitate the widening of the major road.
(4500.158; 2019-DEC-02) (4500.182; 2021-DEC-06)
14.6 SIZE OF BUILDINGS
14.6.1 The maximum lot coverage and height of a principal building shall be as follows:
Zone
Lot Coverage
Maximum Allowable Height
CS1
40%
14m
CS2
50%
14m
CS3
N/A
14m
14.6.2 Notwithstanding Subsection 14.6.1, on the lands legally described as LOT A, SECTION 1,
NANAIMO DISTRICT, PLAN EPP29088 (355 Nicol Street), the maximum allowable height of
a principal building for a personal care facility shall not exceed 19.2m. (4500.209; 2023-NOV-
06)
Part 15 - Page 1
Waterfront
City of Nanaimo Zoning Bylaw
PART 15 - WATERFRONT
15.1 DESCRIPTION OF ZONES
Zone
Abbreviation
Intent of Zone
Waterfront
W1
This zone provides for public access to the waterfront and
encourages the enjoyment and exploration of the City's marine
environment.
Harbour
Waterfront
W2
This zone provides for active marine uses, such as ship yards,
fishing fleet support, float homes, moorage and water-based
transportation. Marine retail, tourism, and recreational activities
will also be permitted. Medium density residential development
will also be permitted in this zone and supports a building height
of up to four storeys.
Newcastle
Waterfront
W3
This zone provides for a mix of uses, including marinas and
marine related uses, commercial, recreational, open space, and
pedestrian activity. Low to Medium density residential uses are
permitted in this zone.
Industrial
Waterfront
W4
This zone provides for waterfront uses intended to support the
upland heavy industrial uses.
(4500.002; 2011-OCT-03)
15.2
PERMITTED USES
15.2.1 The following uses shall be permitted in the specified waterfront zones:
Use
Zones
Conditions of Use
W1
W2
W3
W4
Boat
Construction
and Repair
--
P
--
P
Boat and
Marine Sales,
Service and
Rental
--
P
P
--
Cannabis Retail
Store
--
SS
--
--
Canoe and
Kayak Rental
P
P
P
--
The Gross Floor Area of any building constructed for canoe and
kayak rentals within the W1 and W3 zones shall not exceed 70m2.
Convention
Centre
--
P
P
--
Cruise ship
Terminal
--
P
--
--
Ferry Terminal
--
P
P
P
Floats and
Wharves
P
P
P
P
Hotel
--
P
--
--
Log Sorting and
Storage
--
--
--
P
Marina
--
P
P
P
Marine
Equipment
Sales
--
P
P
--
Part 15 - Page 2
Waterfront
City of Nanaimo Zoning Bylaw
Use
Zones
Conditions of Use
W1
W2
W3
W4
Marine Fueling
Station
--
P
P
P
Moorage
--
P
P
--
Multiple Family
Dwelling
--
P
P
--
Museums
--
P
P
--
Neighbourhood
Pub
--
P
P
--
Piers and
Walkways
P
P
P
P
Public Markets
--
P
--
--
Railway Yards
--
--
--
P
Recreational
Facility
--
P
P
--
Research
Facility
--
P
--
--
Restaurant
--
P
P
--
Retail
--
P
P
The Gross Floor Area of each retail store shall not exceed 500m2.
Seaplane
Terminal
--
P
--
--
Seafood
Processing
--
--
--
P
Seafood Sales
--
P
--
--
Single Family
Dwelling
--
--
--
--
Storage of
Flammable and
Combustible
Liquids
--
--
--
P
Tourist Facility
--
P
P
--
Truck Terminal
--
--
--
P
Water taxi
--
P
P
--
Yacht Club
--
P
P
--
(4500.002; 2011-OCT-03) (4500.068; 2014-SEP-08) (4500.178; 2020-AUG-31)
P = Permitted use
SS = Permitted as a Site Specific Use
-- = Use not permitted in this zone
Part 15 - Page 3
Waterfront
City of Nanaimo Zoning Bylaw
15.2.2 The following uses shall be permitted as an accessory use within the specified zones:
Use
Zones
Conditions of Use
W1
W2
W3
W4
Float
Homes
--
A
--
--
Float homes shall be permitted as an accessory use in a marina
within the W2 zone provided not more than 50% of the moorage
space of the marina on which the float home is located is
occupied by float homes. The maximum allowable height of a
float home shall not exceed 8.25m as measured from the surface
of the water.
Office
--
A
A
A
Seafood
Processing
--
A
--
--
Seafood processing is permitted in the W2 zone as an accessory
to a seafood sales or restaurant use and must be contained within
a building.
Single
Family
Dwelling
--
A
A
A
One dwelling unit permitted in the W2, W3, W4 and W5 zones as
an accessory use.
Short-Term
Rental
--
A
A
--
Subject to Part 6
A = Use permitted as an accessory use
(4500.002; 2011-OCT-03) (4500.186; 2022-FEB-07)
-- = Use not permitted in this zone
15.2.3 Notwithstanding Subsection 15.2.1 the following uses shall be permitted on site specific
basis:
Use
Permitted
Location
Address
Legal Description of Permitted Located
Cannabis
Retail Store
1840 Stewart
Avenue
LEASE PL220 HELD BY THE PROVINCE FOR PUBLIC
MARKET/MARINA, NANAIMO DISTRICT, PERMIT# 112942 BLK I, DL
227 & DL 2079 TOGETHER WITH THT PRT OF BLOCK K & DL 2078
FOR MARINA, RESTAURANT, PUB, MARINE COMMERCIAL RETAIL
SALES & SERVICES PURPOSES
(4500.178; 2020-AUG-31)
Part 15 - Page 4
Waterfront
City of Nanaimo Zoning Bylaw
15.3 DENSITY
15.3.1 The maximum allowable density per lot in each respective zone shall be as follows:
Zone
Base Residential Density
Additional Density
W1
No residential units shall
be permitted.
W2
1.00
Additional density shall be permitted as follows:
+0.25 where at least 50% of the required parking is underground.
+0.25 for development which possess continuous tourist
accommodation, and / or tourist facilities and / or public markets of at
least 10% of the total floor area with at least one other permitted use.
+0.15 where dedicated public access to the waterfront is provided.
W3
0.25
+0.15, where a minimum of 3m wide dedicated public access to the
waterfront is provided.
W4
No more than one
accessory residential unit
shall be permitted
15.4
LOT SIZE AND DIMENSIONS
Zone Minimum Lot Area Minimum Lot Depth Minimum Lot Width
W1
N/A
N/A
N/A
W2
900m2
30m
30m
W3
900m2
20m
30m
W4
900m2
30m
20m
Part 15 - Page 5
Waterfront
City of Nanaimo Zoning Bylaw
15.5
SITING OF BUILDINGS
15.5.1 A principal building must be set back from the property lines, as follows:
Zone
Front
Yard -
Parking
Side Yard
Flanking
Side Yard
Rear Yard
W1
4.5m
N/A
1.5m
4m
W2
4.5m
3m in width
for one side
yard and 6m
for the other
4m
10m
Except where a restaurant or neighbourhood
pub extends no more than 50% of the width of
the lot, in which case rear yard setback is not
required for the restaurant or neighbourhood
pub use.
W3
4.5m
3m in width
for one side
yard and 6m
for the other
4m
10m
Except where a restaurant or neighbourhood
pub extends no more than 50% of the width of
the lot, in which case a rear yard setback is not
required for the restaurant or neighbourhood
pub use.
W4
0m
0m
0m
0m
15.5.2 Notwithstanding Subsection15.5.1, general provisions in Part 6 of this Bylaw for the siting of
buildings near watercourses will also apply.
15.5.3 Notwithstanding Subsection 15.5.1, where a property line abuts a major road, an additional
2.5m front and/or flanking side yard setback is required when the dedication to achieve the
required right-of-way width has not occurred to facilitate the widening of the major road.
(4500.182; 2021-DEC-06)
15.6 SIZE OF BUILDINGS
15.6.1 The maximum lot coverage and height of a principal dwelling shall be as follows:
Zone
Lot
Coverage
Height of a
Principal
Building
Additional Height
W1
20%
4.5m
N/A
W2
50%
11m
Where at least 60% of the required parking area is
located below or beneath a building, an additional 3m
of height shall be permitted.
W3
40%
9m
N/A
W4
50%
9m
N/A
15.6.2 Within the W2 and W3 Zones, the height of a principal building shall be measured from the
elevation on the centre line of the street on which the site abuts to the highest point of the
building, taken as an average of the highway elevation. (4500.073; 2015-MAR-16)
Part 16 - Page 1
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
PART 16 - COMPREHENSIVE DEVELOPMENT ZONES
16.1
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE ONE (CD1)
This zone provides for medium density multiple dwellings and seniors' congregate
housing.
16.1.2. PERMITTED USES
Permitted uses shall be those allowed in the applicable Development Plan referred to in
Subsection 16.1.6 of this Bylaw.
16.1.3. SITE DEVELOPMENT
All site development, buildings, and structures shall comply with the density, lot
coverage, yard setbacks, building siting, height, and parking, as designated in the
applicable Comprehensive Development Plan referred to in Subsection 16.1.6 of this
Bylaw.
16.1.4. SCREENING AND LANDSCAPING
All landscaping and screening shall be completed in compliance with Part 17 of this
Bylaw.
16.1.5.. HEIGHT AND FENCES
The height of a fence shall not exceed 1.8m in any yard.
16.1.6. PLANS
The Development Plan entitled "Woodgrove Pines Comprehensive Development Plan",
as included below, is deemed to be enacted to and form part of this Bylaw and any
development on the lands zoned Comprehensive Development District No. 1, shall be
in conformity with the Woodgrove Pines Comprehensive Development Plan.
Part 16 - Page 2
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
THE WOODGROVE PINES COMPREHENSIVE DEVELOPMENT PLAN
The Woodgrove Pines Comprehensive Development Plan is the Comprehensive Development
Plan referred to in Section 16.1.6 of this Bylaw.
The Comprehensive Development Plan ("CD Plan")
The use of land shown in heavy outline on Appendix 1 and of all buildings, structures, and uses
zoned Woodgrove Pines Comprehensive Development Zone One in the City of Nanaimo
"ZONING BYLAW 2011 NO. 4500" shall be governed by this Comprehensive Development Plan.
1.
This CD Plan has been created to ensure the orderly development of Woodgrove Pines,
as prescribed by this Bylaw and includes Appendix 1 and 2.
2.
Development will be permitted in this area only in accordance with this CD Plan.
3.
The use of the land shall be limited to the following as noted on Appendix 2:
-
Buildings A, B, C - Multiple Family Dwelling
-
Building D - Seniors' Congregate Housing
Appendix 1
Part 16 - Page 3
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
Part 16 - Page 4
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.2
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE TWO (CD2)
The intent of this zone is to provide for an integrated community consisting of multiple
family residential uses, office and limited commercial uses. Emphasis is placed on
creating an environment conducive to housing that complements the existing
neighbourhood through comprehensive site planning.
16.2.1
PERMITTED USES
Permitted uses shall be as set out in the development plan as included in Subsection
16.2.7 of this Bylaw.
16.2.2
DENSITY
Maximum floor area ratio shall not exceed 0.55.
16.2.3
YARD REQUIREMENTS
Yard requirements are as set out in the development plan included in Subsection 16.2.7
of this Bylaw.
16.2.4
HEIGHT OF BUILDINGS
The height of a building shall not exceed 11.0m above average finished grade.
16.2.5
SCREENING AND LANDSCAPING
16.2.5.1 All mechanical, electrical or other service equipment located outside or on the
roof of a building shall be screened from adjacent properties and streets by
ornamental structures, landscaping, or other means.
16.2.5.2 Where the CD2 Zone abuts a street or a residential zone, screening and
landscaping shall be provided in accordance with Part 17 of this Bylaw.
(4500.073; 2015-MAR-16)
16.2.6
PARKING
Parking shall be provided as set out in the development plan as included in Subsection
16.2.7 of this Bylaw.
Part 16 - Page 5
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.2.7
PLANS
Within the CD2 Zone, the lands shall be developed in general accordance with the plans
as shown as follows:
Part 16 - Page 6
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.3
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE THREE (CD3)
Deleted (4500.003 - 2011-OCT-03)
16.4
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE FOUR (CD4)
The intent of this zone is to provide for low density multiple family development.
16.4.1
PERMITTED USES
Multiple Family Dwellings
16.4.2
DENSITY
Maximum Floor Area Ratio shall not exceed 0.75.
16.4.3
YARD REQUIREMENTS
Yard Requirements are set out in Subsection 16.4.7 of this Bylaw.
16.4.4
HEIGHT OF BUILDINGS
The height of a building shall not exceed 11m above average natural grade.
16.4.5
SCREENING AND LANDSCAPING
16.4.5.1 All mechanical, electrical or other service equipment located outside or on
the roof of a building shall be screened from adjacent properties and streets
by ornamental structures, landscaping or other means.
16.4.5.2
All outdoor storage and refuse receptacle areas shall be screened from
adjacent properties.
16.4.5.3
Screening and landscaping shall be provided in accordance with the
requirements of Part 17 of this Bylaw.
16.4.6
PARKING
Parking shall be provided as per the Plans included within Subsection 16.4.7 of this
Bylaw.
Part 16 - Page 7
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.4.7
PLANS
Within the CD4 Zone, the lands shall be developed substantially in accordance with
the following plans:
Part 16 - Page 8
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.5
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE FIVE (CD5)
(4500.005; 2011-NOV-14)
The intent of this zone is to provide for mixed use, commercial and multi-family
development within the Corridor designation.
16.5.1
PERMITTED USES
Permitted uses shall be as set out in the plans included within Subsection 16.5.7 of
this Bylaw.
16.5.2
DENSITY
Density shall be as set out in the regulations of Part 9 - Corridor (Mixed Use Corridor
Zone (COR2) - Corridor), Subsection 9.3. (4500.092; 2016-FEB-01)
16.5.3
LOT SIZE AND DIMENSIONS
Lot size and dimensions shall be as set out in the plans included within Subsection
16.5.7 of this Bylaw.
16.5.4
YARD REQUIREMENTS
Yard requirements shall be as set out in the plans included within Subsection 16.5.7
of this Bylaw.
16.5.5
LOCATION OF PARKING AREAS
No parking shall be permitted between the front face of a building and Metral Drive or
the Island Highway.
16.5.6
SIZE OF BUILDINGS
Size of buildings shall be as set out in the regulations of Part 9 - Corridor Subsection
9.7.
16.5.7
PLANS
Within the CD5 zone, the permitted uses, lot size and dimensions, and yard
requirements shall be developed in general accordance with the following plan:
Part 16 - Page 9
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
Subsection 16.5.7
Part 16 - Page 10
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.6.
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE SIX (CD6)
The intent of this zone is to provide land uses and siting requirements that are
consistent with the Woodgrove Urban Node which is described as a regional
commercial centre with a focus on intensive retail and service uses and medium to
high density residential.
16.6.1
PERMITTED USES
Permitted uses shall be as set out in Subsection 16.6.9 of this Bylaw.
16.6.2
CONDITIONS OF USE
Conditions of use shall be as set out in Subsection 16.6.9 of this Bylaw.
16.6.3
DENSITY
Density shall be as set out in Subsection 16.6.9 of this Bylaw.
16.5.4
LOT COVERAGE
Lot coverage shall as set out in Subsection 16.6.9 of this Bylaw.
16.5.5
YARD REQUIREMENTS
Yard Requirements shall as set out in Subsection 16.6.9 of this Bylaw.
16.6.6
HEIGHT OF BUILDINGS
The height of a building shall be as set out in Subsection 16.6.9 of this Bylaw.
16.6.7
SCREENING AND LANDSCAPING
16.6.7.1
Where the CD6 Zone abuts a street or a Residential Zone screening and
landscaping shall be provided in accordance with Part 17 of this Bylaw.
16.6.7.2
All mechanical, electrical or other service equipment located outside or on
the roof of a building shall be screened from adjacent properties and streets
by ornamental structures, landscaping, or other means.
(4500.073; 2015-MAR-16)
16.6.8
PARKING
Parking shall be provided as set out in Subsection 16.6.9 of this Bylaw.
Part 16 - Page 11
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.6.9
PLANS
Within the CD6 Zone, the lands shall be developed in general accordance with the
following plans:
DEVELOPMENT DATA
Permitted Uses:
Artist Studio
Library
Commercial School
Multiple Family Dwellings
Day Care Facility
Office
Deli/Specialty Food Store
Office Medical/Dental
Dry Cleaners
Personal Service Use
Financial Institution
Retail Store
Furniture and Appliance Sales
Social Service Resource Centre
Laundromat
Veterinary Clinic
Density:
0.65 Floor Area Ratio (FAR)
Lot Coverage:
30%
Yard Requirements: Building siting is generally as shown on the following site plan and the
following yard requirements will apply:
Front Yard Minimum Setback: 4.5m
Front Yard Maximum Setback: 7.5m
Side Yard Setback *: 3.0m
Rear Yard Setback: 7.5m
* Note: side yard setback can be reduced to 0.0m along a maximum of 40%
of the property boundaries.
Conditions of Use:
No parking spaces shall be permitted between the front property line
and the front face of Building A.
Maximum Gross Floor Area (GFA) for non-residential uses is 2430m2.
Building Height:
Building
Minimum # of Storeys
Maximum Height
A
2
12.2m
B
2
12.2m
C
2
22.0m
Parking:
Parking will be required generally as shown on the following site plan and
the following parking rates will apply:
Non-Residential:
1 space per 22m2 of Gross Floor Area.
Loading Bays:
1 space for Buildings A and B; and 1 space for Building
C.
* Note: There is no parking requirement for Multiple Family Dwellings,
subject to non-residential uses existing on the lot (i.e. the development
must be a mixed- use development). Stand alone residential would require
1.66 spaces per dwelling unit.
Part 16 - Page 12
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
SITE PLAN
Part 16 - Page 13
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.7.
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE SEVEN (CD7)
(4500.001; 2011-OCT-03)
The intent of this zone is to provide for the wide range of businesses and services
generally which serve the needs of the community at large.
16.7.1
PERMITTED USES
Accessory Dwelling Unit
Accessory Storage and Accessory Mini Storage
Arcades
Assembly Hall
Automobile Rentals, Sales and Service
Automotive Repair Shop
Bingo Hall
Car Wash
Commercial School
Convention Centre
Court of Law
Cultural Facility
Custom Workshop
Fast Food Restaurant
Financial Institution
Funeral Parlour and Related Facilities
Gasoline Station
Hotel
Laundromat and Dry Cleaner
Library
Liquor Store
Micro-Brewery
Multiple Family Dwelling
Neighbourhood Pub
Parking Lot and Parkade
Office
Personal Care Facility
Printing and Publishing Facility
Public Assembly Use and Entertainment Use
Recreational Facility
Refund Container Recycling Depot
Religious Institution
Repair Shop
Restaurant
Retail Store
Rooming House
Shopping Centre
Single Residential Dwelling
Social Services Resource Centre
Teletheatre Outlet
Tools and Equipment Sales and Rentals
Transportation Terminal
Veterinary Clinics
Wholesale
Part 16 - Page 14
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.7.2
DENSITY
Where the use is a Multiple Family Dwelling, the maximum Floor Area Ratio shall not
exceed 1.50 except where parking spaces are provided beneath a principal building
(where the roof of the underground parking is not more than 0.8m above the adjacent
finished grade), in which case an amount may be added to the Floor Area Ratio equal
to 0.25 multiplied by the percentage of the total parking spaces which are provided
underground. The maximum allowable Floor Area Ratio shall only apply to residential
uses on the lot.
16.7.3
CONDITIONS OF USE
16.7.3.1
Where a mixed-use development is proposed combining both commercial
and residential uses, only the commercial uses shall be permitted on the
first storey.
16.7.3.2
Arcades must be contained within a shopping centre and must be
accessible to the public only from the internal hallway or corridor of the
shopping centre.
16.7.3.3
The sum total of the Gross Floor Area used for micro-breweries shall not
exceed 278.7m2.
16.7.3.4
Refund container recycling depots must be wholly enclosed within a
building.
16.7.3.5
The Gross Floor Area of a refund container recycling depot shall not
exceed 140m2.
16.7.3.6
Teletheatre outlets shall be contained within a hotel pub or neighbourhood
pub as licensed by the Province and shall only be accessible to the public
from within the hotel or neighbourhood pub.
16.7.3.7
Wholesale uses and custom workshops shall be wholly contained within a
building.
16.7.4
LOT AREA
16.7.4.1
The minimum lot area shall not be less than 750m2, serviced by a
community water system, a community sanitary sewer system, and a storm
drainage system.
16.7.4.2
Notwithstanding Subsection 16.7.4.1, where a lot contains or abuts a
watercourse identified in Schedule C, the required leave strip shall not be
included in the calculation of minimum lot area.
16.7.5
LOT COVERAGE
The maximum lot coverage permitted is 100%.
Part 16 - Page 15
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.7.6
YARD REQUIREMENTS
16.7.6.1
No front, side or rear yard is required.
16.7.6.2
Notwithstanding Subsection 16.7.6.1, where the use is multiple family
residential that portion of the building must meet the setbacks as specified
within the Medium Density Residential (R8) Zone.
16.7.6.3
Notwithstanding Subsection 16.7.6.2, there shall be no obstruction to the
line of vision between the established curb level and the first storey of a
building within an area bounded by:
(a)
The intersecting lot lines at a street corner and a line joining points
along said lot lines 2.5m from their point of intersection.
(b)
The intersecting lot lines at a lane intersection and a line joining
points along said lot lines 2.5m from their point of intersection. A
lane intersection shall include the intersection of a lane with any
other lane or with a street.
16.7.7
HEIGHT OF BUILDINGS
16.7.7.1
The maximum height allowed shall be determined by multiplying the
distance from the centre line of the street upon which the building fronts to
the front line of the building by 2.
16.7.7.2
Notwithstanding Subsection 16.7.7.1, in the case of a through lot where
street widths differ, the maximum height shall be determined by averaging
the calculation obtained for each frontage.
16.7.7.3
Notwithstanding the foregoing, in the case of a corner lot, or a lot with three
or more frontages, the maximum height shall be determined by averaging
the calculation obtained for each frontage.
16.7.8
HEIGHT OF FENCES
16.7.8.1
The height of a fence shall not exceed 1.2m in a front yard.
16.7.8.2
The height of a fence shall not exceed 1.8m in any side or rear yard.
16.7.9
SCREENING AND LANDSCAPING
16.7.9.1
All mechanical, electrical or other service equipment located outside or on
the roof of a building shall be screened from adjacent properties and streets
by ornamental structures, landscaping, or other means.
16.7.9.2
All outdoor storage receptacle areas shall be screened in accordance with
Part 17 of this Bylaw.
Part 16 - Page 16
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.8.
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE EIGHT (CD8)
(4500.002; 2011-OCT-03)
The intent of this zone is to permit development of integrated projects including
commercial, residential, and other uses as specified in the applicable Comprehensive
Development Plan.
16.8.1
PERMITTED USES
Permitted uses shall be those allowed in the applicable Comprehensive Development
Plan referred to in Subsection 16.8.3.
16.8.2
PERMITTED SIZE, SITING, SHAPE AND DENSITY
All buildings, structures, and uses shall comply with the size, shape, siting, and density
requirements designated on the applicable Comprehensive Development Plan
referred to in Subsection 16.8.3.
16.8.3
PLANS
The Comprehensive Development Plan entitled "Northbrook Centre Comprehensive
Development Plan" prepared by Raymond Letkeman Architect Inc. and dated 2nd day
of May, 1994, on file in the office of the Director of Planning is deemed to be attached
to and form part of this Bylaw and any development on the lands zoned
Comprehensive Development District Zone Eight shall be in conformity with the
Northbrook Centre Comprehensive Development Plan.
Part 16 - Page 17
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
NORTHBROOK CENTRE (BROOKS LANDING) COMPREHENSIVE
DEVELOPMENT PLAN
(4500.219; 2024-MAR-04)
1.
The Comprehensive Development Plan ("CD Plan")
(4500.219; 2024-MAR-04)
The use of land shown in heavy outline on Exhibit 1 and of all buildings, structures, and
uses zoned Northbrook Centre Comprehensive Development (the "Northbrook Centre")
shall be governed by this Comprehensive Development Plan ("CD Plan").
2.
This CD Plan has been created to ensure the orderly development of Northbrook Centre
as prescribed by this Bylaw and includes Exhibits 1 to 15 inclusive.
3.
Development will be permitted in this area only in accordance with this CD Plan.
4.
If the amenities set out in Appendix "A" of the CD Plan are provided by the owner, then
the density of use of lands within the Northbrook Centre Comprehensive Development
Zone may be as set in Exhibit 15 of this CD Plan.
5.
If the conditions set out in Appendix "A" of this plan are not met, then the maximum
permitted density of development on Site "B" as described in this CD Plan shall be 0.45
FSR and Site "E" shall be 0.45 FSR.
Part 16 - Page 18
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
6.
Exhibit 2 "Basic Land Use" divides the site into two primary land use areas, one in which
multi-family residential uses are permitted and the other in which office and commercial
uses are permitted. Commercial uses shall be limited to the following:
Accessory Buildings, subject to Part 5
Artist's Studio
Club or Lodge
Commercial School
Custom Workshops
Dry Cleaners
Fast Food Restaurants
Financial Institutions
Laundromats
Libraries
Neighbourhood Pub
Offices
Personal Service Uses
Printing and Publishing Facilities
Production Studio
Public Assembly
Recreation Facilities
Entertainment Uses
Restaurants
Repair Shops
Retail Stores
Sign Shops
Tools and Equipment
Veterinary Clinics
Sales and Rentals
Liquor Store (4500.088; 2016-JAN-25)
7.
Exhibit 3 "Concept Plan" illustrates how Northbrook Centre is intended to be a mixed-use
development comprised of three high and medium rise residential areas where
surrounded by broken line, adjoining and connected to a low rise local "Village" shopping
centre with a low rise office component and with well landscaped open areas between
buildings.
Part 16 - Page 19
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
8.
Exhibit 4 "Concept Sections and Elevations" illustrates the concept of the three high and
medium rise residential enclaves described in Exhibit 3 in the vertical dimension and the
height requirements. The height of the residential towers will not exceed a maximum
height of 150'-0" and will vary between 14 and 16 storeys. Height restrictions imposed in
this zone on buildings do not apply to peaked roofs, towers, turrets, or other architectural
features which do not contain habitable living space or other space intended for any use
or occupancy. Tops of high rise buildings will be designed to create more interesting forms
than flat box shapes.
Part 16 - Page 20
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
9.
Exhibit 5 "Site Plan" prescribes the location of land uses, buildings, and car parking areas
on the Northbrook Centre site. It also prescribes required minimum distances between
buildings and minimum setback distances between buildings, lot line, or other features
and maximum building floor plates.
10.
Exhibit 6 "Neighbourliness" establishes a number of elements of the scheme which are
designed to improve the neighbourliness of the concept to adjacent properties and streets
and prescribes the type of landscaping and screening necessary to screen the commercial
uses of Northbrook Centre from existing residential development along Montrose Avenue.
Part 16 - Page 21
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
11.
Exhibit 7 "Vehicle Access" prescribes the location of vehicle access points to Northbrook
Centre from adjacent public streets, and access for fire trucks and other emergency
vehicles.
12.
Exhibit 8 "Pedestrian and Bicycle Access" prescribes the routes to be developed for
pedestrian and bicycle access to and within Northbrook Centre.
Part 16 - Page 22
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
13.
Exhibit 9 "Phasing Plan" permits Northbrook Centre to be developed in four phases in the
sequence marked on Exhibit 9, Phase 1, shown in Exhibit 10 below, will be in the first
phase. Exhibits 11 and 12 show the subsequent plans in one potential sequence.
However, as long as the complete site is always adequately laid out and landscaped, the
phasing may vary, so that phases could occur in any order after Phase 1.
14.
Exhibit 10 "Phase 1 Concept" shows the whole of the Northbrook Centre as it will appear
at the end of the first phase of development.
Part 16 - Page 23
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
15.
Exhibit 11 "Phase II Concept" shows the whole of the Northbrook Centre as it will appear
at the end of the second phase of development.
16.
Exhibit 12 "Phase III Concept" shows the whole of the Northbrook Centre as it will appear
at the end of the third phase of development.
17.
Exhibit 3 "Concept Plan" shows the complete development. Phase IV development will
require removing the existing food store, building the two remaining residential towers and
a "Village Green" as well as adding new surface parking for the towers and a new entry
from Departure Bay Road.
Part 16 - Page 24
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
18.
Exhibit 13 "Sound Attenuation" prescribes the noise levels that shall not be exceeded for
each component of the residential parts of the development. The noise level shown is
based on the A-weighted 24 hour equivalent (Leg) sound level and will be defined simply
as noise levels in decibels.
19.
Exhibit 14 "Subdivision" shows how the site may be subdivided into a number of separate
parcels having the approximate size and lot lines as shown on Exhibit 14.
20.
Exhibit 15 "Land Uses and Floor Areas" prescribes the maximum floor areas in square
feet and the minimum number of parking spaces that will be permitted for each of the
parcels identified in Exhibit 14.
21.
Exhibit 15 shows the maximum gross buildable residential floor area and provides for a
maximum of 500 dwelling units overall.
Part 16 - Page 25
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
22.
If any provision of this Plan is found to be invalid by a court it may be severed without
affecting the remainder of the Plan.
Part 16 - Page 26
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
APPENDIX "A"
AMENITIES
A.
AMENITIES
1. Community Space
(a) The owner shall provide, on the area shown as Phase 1, a finished indoor community
space of a minimum 1,600 square feet for use as a multi-purpose leisure room,
including cooking and washing facilities and washroom facilities. The space shall be
capable of being divided into three separate areas by permanent moveable dividers.
(b) The community space shall be visibly located in the commercial frontage facing the
Island Highway and shall be fully accessible by all persons, including those with
physical disabilities.
(c) The community space referred to in paragraph (a) shall be replaced by a 3,500 square
foot community space to be constructed during Phase IV which must be located at the
base of the northerly apartment building shown in that phase, and must face open onto
the open space on the southwest side of the building and/or the shopping street to the
north.
(d) The community space shall be dedicated to the City.
2. Police Office Space
The Owner shall include as part of Phase 1 a 400 square foot local community police office
in an accessible and visible location along part of the commercial frontage. This space
shall be provided at no cost to the RCMP or the City on a long-term lease agreement.
3. Community Amenity Space
The Owner shall construct and furnish a community space in conjunction with construction
of each of the three residential areas shown on Exhibits 3 and 15.
Part 16 - Page 27
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.9
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE NINE (CD9)
(4500.024; 2012-OCT-15)
The intent of this zone is to provide for a residential subdivision.
16.9.1
PERMITTED USES
Principal Uses
Conditions of Use
Single Residential Dwelling
Accessory Uses
Conditions of Use
Boarding and Lodging
Shall not exceed two sleeping units and shall not
accommodate more than two persons.
Must be included within a Single Residential
Dwelling.
Daycare
Subject to Part 6.
Home Based Business
Subject to Part 6.
Secondary Suite
Subject to Part 6.
Must be accessory to a Single Residential
Dwelling.
Short-Term Rental
Subject to Part 6
16.9.2
DENSITY
One Single Residential Dwelling per lot.
16.9.3
LOT AREA
Lot area shall be as set out in the plans included within Subsection 16.9.9 of this Bylaw.
16.9.4
LOT DIMENSIONS
Lot dimensions shall be as set out in the plans included within Subsection 16.9.9 of
this Bylaw.
16.9.5
YARD SETBACKS
Yard setbacks shall be as set out in the plans included within Subsection 16.9.9 of this
Bylaw.
16.9.6
LOT COVERAGE
Lot coverage shall be as set out in the plans included within Subsection 16.9.9 of this
Bylaw.
Part 16 - Page 28
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.9.7
BUILDING HEIGHT
Building Height shall be as set out in the plans included within Subsection 16.9.9 of
this Bylaw.
16.9.8
GARAGE FLOOR ELEVATION
Garage floor elevation shall be as set out in the plans included within Subsection
16.9.9 of this Bylaw.
16.9.9
PLANS
Within the CD9 Zone lot area, lot dimensions, yard setbacks, lot coverage, building
height, and garages floor elevations shall be developed in general accordance with
the following plan:
DEVELOPMENT DATA
Lot Area:
The following table shows the lot areas for Lots 1-15 on the plan.
Lot #
Maximum
Lot Area
(+/- 10%)
Lot 1
530.9m2
Lot 2
702.8m2
Lot 3
567.9m2
Lot 4
848.3m2
Lot 5
493.1m2
Lot 6
450.1m2
Lot 7
548.1m2
Lot 8
696.6m2
Lot 9
517.7m2
Lot 10
388.8m2
Lot 11
328.4m2
Lot 12
348.7m2
Lot 13
364.9m2
Lot 14
526.6m2
Lot 15
681.2m2
Yard Setbacks:
The following yard setbacks apply to all lots.
Front: 3.0m
Side: 1.5m or no vegetation disturbance covenant line, whichever is more restrictive
(refer to plan).
Flanking Side: 3.0m
Rear: 4.5m or no vegetation disturbance covenant line, whichever is more restrictive
(refer to plan).
Part 16 - Page 29
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
Lot Coverage:
The maximum lot coverage is restricted to 40%.
(4500.092: 2016-FEB-01)
Building Height:
The following table shows maximum building heights for Lots 1-15. All elevations are
referenced in geodetic data.
Lot #
Maximum
Ridge Height
Lot 1
135.7m
Lot 2
134.6m
Lot 3
134.7m
Lot 4
135.0m
Lot 5
134.5m
Lot 6
133.1m
Lot 7
132.3m
Lot 8
122.0m
Lot 9
120.6m
Lot 10
126.6m
Lot 11
126.3m
Lot 12
126.9m
Lot 13
127.8m
Lot 14
130.4m
Lot 15
132.6m
Notes:
1. Maximum ridge height for all lots (except Lots 8 & 9 - see No.2 below) established
at 9.0m above existing natural grade measured from mid-point within the buildable
area (mid-points shown on the plan).
2. Maximum ridge height for lots 8 & 9 established at 4.0m above curb height
measured from midpoint of front lot line.
Part 16 - Page 30
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
Garage Floor Elevation:
The following table shows garage floor elevations for Lots 1-15. All elevations are
referenced in geodetic data.
Lot #
Garage Floor
Elevation
Lot 1
126.90m
Lot 2
124.80m
Lot 3
126.00m
Lot 4
127.40m
Lot 5
125.45m
Lot 6
123.76m
Lot 7
121.40m
Lot 8
116.00m
Lot 9
116.00m
Lot 10
116.30m
Lot 11
117.20m
Lot 12
118.90m
Lot 13
120.50m
Lot 14
122.70m
Lot 15
124.50m
Part 16 - Page 31
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
Part 16 - Page 32
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.10
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE TEN (CD10)
(4500.035; 2013-APR-22)
The intent of this zone is to provide for a two-lot subdivision, with up to two dwelling
units per lot, within the Old City Neighbourhood.
16.10.1
PERMITTED USES
Principal Uses
Conditions of Use
Single Residential Dwelling
Multiple Family Dwelling
Accessory Uses
Conditions of Use
Boarding and Lodging
Shall not exceed two sleeping units
and shall not accommodate more
than two persons.
Must be included within a single
residential dwelling.
Daycare
Subject to Part 6.
Home Based Business
Subject to Part 6.
Secondary Suite
Subject to Part 6.
Must be accessory to a single
residential dwelling.
Short-Term Rental
Subject to Part 6
16.10.2
DENSITY
One single residential dwelling with a secondary suite per lot OR two dwelling units
per lot.
16.10.3
LOT AREA
Lot area shall be as set out in the plans included within Subsection 16.10.8 of this
Bylaw.
16.10.4
LOT DIMENSIONS
Lot dimensions shall be as set out in the plans included within Subsection 16.10.8
of this Bylaw.
16.10.5
YARD SETBACKS
Yard requirements shall be as set out in the plans included within Subsection
16.10.8 of this Bylaw.
Part 16 - Page 33
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.10.6
BUILDING HEIGHT
Building Height shall not exceed 7.75m as measured vertically from the average
natural grade level recorded at the outermost corners of the building or at the curb
level, whichever is greater, as determined by a survey to the highest part of the
roof surface for a flat roof, the deck line of a mansard roof, and the mean height
level between the eaves and ridge of a gable, hip, or gambrel of a sloped roof.
16.10.7
PARKING
Parking space requirements and layout shall be as set out in the plan included
within Subsection 16.10.8 of this Bylaw.
16.10.8
PLANS
Within the CD10 zone lot area, lot dimensions, yard setbacks and parking shall
be developed in general accordance with the following plan:
Part 16 - Page 34
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
Part 16 - Page 35
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
Part 16 - Page 36
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.11
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE ELEVEN (CD11)
(4500.202; 2023-APR-17)
The intent of this zone is to facilitate a residential townhouse development.
16.11.1
PERMITTED USES
Principal Use
Conditions of Use
Multiple Family Dwelling
All dwelling units must have their
primary entrance on the ground
level.
Accessory Uses
Conditions of Use
Daycare
Subject to Part 6.
Home Based Business
Subject to Part 6.
Short-Term Rental
Subject to Part 6.
16.11.2
DENSITY
Where the use is multiple family dwelling, the maximum Floor Area Ratio shall not
exceed 1.00.
16.11.3
LOT AREA AND DIMENSIONS
Lot area and dimensions shall be generally as shown in the plans included within
Subsection 16.11.8 of this Bylaw.
16.11.4
LOT COVERAGE
The maximum lot coverage shall be 70%.
16.11.5
SITING OF BUILDINGS
16.11.5.1 A principal building must be set back a minimum of 2.8m from all front and
flanking side lot lines shared with the street known as Fourth Street.
16.11.5.2 A principal building must be set back a minimum of 2.0m from all front and
flanking side lot lines shared with the street known as Watfield Avenue.
16.11.5.3 A principal building must be set back a minimum of 3.0m from all side and
rear lot lines.
Part 16 - Page 37
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.11.5.4 Notwithstanding Subsection 16.11.5.3, any portion of a principal building
where the height is no greater than 9.0m must be set back a minimum of
2.0m from all side and rear lot lines.
16.11.6
HEIGHT OF BUILDINGS
The maximum building height shall be:
a) 9.0m for a building with a flat roof (with a roof pitch less than 4:12); and
b) 11.7m for a building with a sloped roof (with a roof pitch equal to or greater
than 4:12).
16.11.7
ACCESSORY BUILDINGS
16.11.7.1 Notwithstanding Subsections 6.6.3 and 6.6.4, the minimum rear yard
setback for an accessory building shall be 1.5m.
16.11.7.2 Notwithstanding Subsection 6.6.5, the maximum permitted height of an
accessory building shall be 9.0m.
Part 16 - Page 38
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.11.8
PLANS
Within the CD11 zone area, lots shall be developed in general accordance with the
following development plan:
Part 16 - Page 39
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.12
COMPREHENSIVE DEVELOPMENT DISTRICT ZONE TWELVE (CD12)
(4500.213; 2026-MAR-23)
The intent of this zone is to facilitate a comprehensive mixed-use development.
16.12.1
ESTABLISHMENT OF SUB-ZONES
Regulations in the CD12 Zone will be established within sub-zones as identified in the
following plan:
16.12.2
PERMITTED USES
The uses listed in the following table shall be permitted in sub-zones where indicated
with a 'P' within the corresponding column with sub-zone number, as per the
conditions of use specified:
Use
Sub-Zone
Conditions of Use
1
2
3
Academic School
P
--
--
Artist's Studio
P
P
P
City Park
--
P
--
Community Park
--
P
--
Commercial School
P
--
--
Daycare
P
P
P
Live/Work
--
P
P
Multiple Family
Dwelling
P
P
P
Office
P
P
P
No more than 500m2 of office space shall be
permitted per sub-zone.
Personal Care
Facility
P
P
P
Sub-Zone 1
Sub-Zone 2
Sub-Zone 3
Part 16 - Page 40
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
Use
Sub-Zone
Conditions of Use
1
2
3
Restaurant
--
P
P
No more than 500m2 of restaurant space shall
be permitted per sub-zone.
Retail
--
P
P
No more than 500m2 of retail space shall be
permitted per sub-zone.
Social Service
Resource Centre
P
P
P
University, College,
Technical School
P
--
--
P = Permitted Use
-- = Use Not Permitted
16.12.3
DENSITY
16.12.3.1 The following table specifies the maximum allowable density, expressed as
a Floor Area Ratio, per lot for each sub-zone. The second column from the
left provides the base density that is permitted in each sub-zone. The
additional density columns permit additional density where the following
specified location and amenity criteria have been satisfied. Additional
density where achievable is applied during the development permit
process. Tier 1 awards additional density where a development meets or
exceeds the Tier 1 requirements, as specified within "Schedule D -
Amenity Requirements for Additional Density" of this bylaw; Tier 2 awards
additional density to a development which meets or exceeds the Tier 2
requirements within Schedule D. Where a development qualifies for
additional density, the additional floor area may be added to the base
density within the zone. A development may achieve all of the additional
density available within the zone:
Sub-Zone
Maximum Allowable
Base Floor Area Ratio
Additional Density
Tier 1
Tier 2
1
1.25
+0.25
+0.25
2
1.25
+0.25
+0.25
3
1.75
+0.25
+0.25
16.12.3.2 Notwithstanding Subsection 16.12.3.1, where parking spaces are provided
beneath a principal building (where the roof of the underground parking is
not more than 0.8m above the finished grade), an amount may be added
to the maximum allowable Floor Area Ratio for the sub-zone where the
underground parking is located equal to 0.25 multiplied by the percentage
of the total parking spaces provided underground.
Part 16 - Page 41
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.12.3.3 Notwithstanding Subsection 16.12.3.1, where the property owner enters
into a Housing Agreement with the City of Nanaimo, pursuant to the Local
Government Act, to ensure that a portion of the residential dwelling units
(greater than 29m2 in area) within a sub-zone will be rented at or below
average rent levels as determined by the CMHC, an amount may be added
to the maximum allowable Floor Area Ratio for that sub-zone equal to 0.01
for each unit.
16.12.3.4 Notwithstanding Subsection 16.12.3.1, where the property owner enters
into a Housing Agreement with the City of Nanaimo, pursuant to the Local
Government Act, to ensure rent for a portion of the residential dwelling units
within a sub-zone does not exceed 30% of the Housing Income Limit for
Nanaimo, as determined by BC Housing, an amount may be added to the
maximum allowable Floor Area Ratio equal to 0.02 for each unit.
16.12.3.5 Notwithstanding
Subsections
16.12.3.1,
16.12.3.2,
16.12.3.3
and
16.12.3.4, the maximum allowable Floor Area Ratio on a lot within the
CD12 Zone shall not exceed 2.8.
16.12.4
LOT SIZE AND DIMENSIONS
16.12.4.1 The minimum lot area for a serviced lot shall be 1,200m2.
16.12.4.2 The minimum lot frontage shall be 25m.
16.12.4.3 The minimum lot depth shall be 30m.
16.12.5
SITING OF BUILDINGS
16.12.5.1 The following table identifies the minimum distance a principal building
must be set back from the lot line specified within each yard area within the
sub-zone indicated:
Sub-Zone
Minimum
Front Yard
Setback
Maximum
Front Yard
Setback
Side Yard
Flanking
Side Yard
Rear Yard
1
2.0m
6m
1.5m
2.0m
7.5m
2
2.0m
6m
1.5m
2.0m
7.5m
3
2.0m
6m
1.5m
2.0m
7.5m
16.12.5.1 Notwithstanding Subsection 16.12.5.1, where a sub-zone abuts a
residential zone, all buildings must be setback at least 7.5m from that lot
line.
16.12.5.2 Notwithstanding Subsection 16.12.5.1, general provisions in Part 6 of this
Bylaw for the siting of buildings near watercourses will also apply.
Part 16 - Page 42
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.12.5.3 Where only one principal building exists on the lot, no more than 50% of
the front face of a building façade shall be setback further than the maximum permitted
front yard setback.
16.12.5.4 Where more than one principal building exists on the lot at least 50% of the
property frontage must include a building front face within the maximum
front yard setback area.
16.12.5.5 No parking shall be permitted between the front lot line and the front face
of a building or within the maximum front yard setback area.
16.12.6
SIZE OF BUILDINGS
The following table specifies the maximum permitted lot coverage and building height,
as well as the minimum required height of a principal building:
Sub-Zone
Lot Coverage
Maximum Allowable
Height
Minimum Required
Height
1
60%
20m
N/A
2
60%
20m
N/A
3
60%
20m
2 Storeys Above Grade
Part 16 - Page 43
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.13 COMPREHENSIVE DEVELOPMENT DISTRICT ZONE THIRTEEN (CD13)
The intent of this zone is to facilitate the development of a mixed-use neighbourhood centre with
residential and commercial services within the Fielding Precinct of the Sandstone Master Plan.
16.13.1
PERMITTED USES
16.13.1.1 The uses listed in the following table shall be permitted subject to any
conditions of use specified:
Principal Use
Conditions of Use
Artist Studio
Assembly Hall
Bingo Hall
Club or Lodge
Commercial School
Cultural Facilities
Daycare
Electrical Vehicle Charging Station
Fast Food Restaurant
Fast Food Restaurant use shall only be permitted
on that portion of the lands between Fielding Road
and Cedar Road highlighted in grey in Figure 16.13-
A below
Financial Institution
The Gross Floor Area of a Financial Institution use
on a lot shall not exceed 1,000m2.
Funeral Parlour
Furniture & Appliance Sales
The Gross Floor Area of a Furniture & Appliance
Sales use on a lot shall not exceed 1,500m2.
Garden Centre
The Gross Floor Area of a Garden Centre use on a
lot shall not exceed 500m2.
Gas Station
Gas Station use shall only be permitted on that
portion of the lands between Fielding Road and
Cedar Road highlighted in grey in Figure 16.13-A
below
Home Centre
The Gross Floor Area of a Home Centre use on a
lot shall not exceed 1,500m2.
Hotel
Internet Centre
Laundromat
Library
Live/Work
Lounge
Medical / Dental Office
Micro Brewery
The Gross Floor Area of a Micro Brewery use on a
lot shall not exceed 557m2.
Multiple Family Dwelling
Museum
Neighbourhood Pub
Office
Personal Care Facility
Pet Day Care
Part 16 - Page 44
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
Principal Use
Conditions of Use
Pharmacy
Public Market
Permitted as a seasonal use, no outside storage
shall be permitted after market hours.
Recreational Facility
The Gross Floor Area of a Recreational Facility use
on a lot shall not exceed 1,500m2.
Religious Institution
Restaurant
Retail
The Gross Floor Area of an individual Retail use
shall not exceed 1,000m2 unless that use is a
grocery store, in which case the Gross Floor Area
shall not exceed 3,000m2.
Rooming House
Seniors Congregate Housing
Shopping Centre
Social Services Resource Centre
Theatre
University, College, Technical
School
Veterinary Clinic
Figure 16.13-A
Part 16 - Page 45
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.13.1.2 The uses listed in the following table shall be permitted as an accessory
use subject to any conditions of use specified:
Accessory Use
Conditions of Use
Accessory Dwelling Unit
Arcade
Boarding and Lodging
Shall not exceed two sleeping units and shall not
accommodate more than two persons.
Daycare
Subject to Part 6.
Home Based Business
Subject to Part 6.
Laboratory
Permitted as an accessory use where a medical
office exists on the same lot.
Short-Term Rental
Subject to Part 6.
16.13.2
DENSITY
16.13.2.1 The following table specifies the maximum allowable base density,
expressed as a Floor Area Ratio, per lot and the maximum allowable
additional density as specified:
Floor Area Ratio (FAR)
Condition of Density
1.75
Maximum base density
+0.80
Where a minimum of 15% of the Gross Floor
Area is dedicated to a non-residential use.
+0.25 multiplied by the
percentage of the total parking
spaces provided underground
Where parking spaces are provided beneath a
principal building (where the roof of the
underground parking is not more than 0.8m
above the finished grade)
+0.25
Where Tier 1 requirements are met as specified
in "Schedule D - Amenity Requirements for
Additional Density" of this bylaw
+0.25
Where Tier 2 requirements are met as specified
in "Schedule D - Amenity Requirements for
Additional Density" of this bylaw
16.13.2.2 Notwithstanding Subsection 16.13.2.1, the combined total number of
dwelling units permitted within the CD13 zone shall not exceed 1,000.
16.13.2.3 Notwithstanding Subsection 16.13.2.1, the combined total Gross Floor
Area of all areas dedicated to non-residential and non-institutional uses
within the CD13 zone shall not exceed 16,500m2.
Part 16 - Page 46
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.13.3
LOT SIZE AND DIMENSIONS
16.13.3.1 The minimum required lot size shall be 1,000m2.
16.13.3.2 The minimum required lot frontage shall be 15m.
16.13.3.3 The minimum required lot depth shall be 30m.
16.13.4
SITING OF BUILDINGS AND PARKING
16.13.4.1 The following table specifies the minimum required and maximum
permitted setbacks for a principal building:
Minimum Front Yard
Setback
Maximum
Front Yard
Setback
Minimum
Side Yard
Setback
Minimum
Flanking Side
Yard Setback
Minimum
Rear Yard
Setback
2.0m for the first four
storeys
4.5m above the fourth
storey
6.0m
3.0m
4.0m
4.5m
16.13.4.2 Notwithstanding 16.13.4.1, general provisions in Part 6 for the siting of
buildings near watercourses shall apply.
16.13.4.3 Notwithstanding 16.13.4.1, an additional 2.5m setback shall be required
where a property line abuts a major road and the required right-of-way
width has not been granted to facilitate the widening of the major road.
16.13.4.4 Notwithstanding Subsection 16.13.4.1, where only one principal building
exists on the lot no more than 50% of the front face of a building façade
shall be setback further than the maximum permitted front yard setback.
16.13.4.5 Notwithstanding Subsection 16.13.4.1, where more than one principal
building exists on the lot at least 50% of the property frontage must
include a building front face within the maximum front yard setback area.
16.13.4.6 No parking shall be permitted between the front property line and the
front face of a building.
Part 16 - Page 47
Comprehensive Development Zones City of Nanaimo Zoning Bylaw
16.13.5
SIZE OF BUILDINGS
16.13.5.1 The following table specifies the maximum permitted lot coverage and
building height, as well as the minimum required height of a principal
building:
Maximum Lot Coverage
Maximum Building
Height
Minimum Building
Height
75%
18m
2 storeys
Part 17 - Page 1
Landscaping City of Nanaimo Zoning Bylaw
PART 17- LANDSCAPING
17.1
REQUIRED LANDSCAPING (4500.235; 2025-JUL-21)
17.1.1 A landscape buffer:
a) shall be required on a lot where a DPA8: Form and Character development permit is
required as outlined in Section 18.8 of this Bylaw;
b) shall comply with Subsection 6.9 'Visibility at Intersections' of this Bylaw; and
c) must be continuous, broken only by walkways and driveways.
17.1.2 The following table specifies the minimum landscape buffer widths to be provided on a
lot:
Use
All lot lines
Lot lines abutting
a residential use*
Multiple Family Dwelling Use
1.5m
--
Mixed Use
1.5m
--
Commercial Use
1.5m
3.0m
Industrial Use
3.0m
7.5m
*Abutting a lot zoned to allow residential use as a principal use
17.1.3 Notwithstanding Subsection 17.1.2, a landscape buffer shall not be required where:
a) the minimum setback for a principal building is 0m from a street or a lot line;
b) a lot line abuts the same zone;
c) a lot line where an industrial zone abuts another industrial zone.
17.1.4 Notwithstanding Subsection 17.1.2, where a lot line abuts a park:
a) a landscape buffer shall not be required; and
b) fencing shall be provided in accordance with Subsection 6.10.8 of this Bylaw.
17.1.5 A landscape buffer abutting a street may be substituted with a public plaza where public
access to the plaza is secured by legal means.
17.1.6 Waste management enclosures must be set back a minimum of 3.0m from:
a) any lot line abutting a lot zoned for residential use; and
b) a principal building.
17.1.7 All planted areas (trees, shrubs, plants) required by this Bylaw shall be serviced by an
underground irrigation system and shall be maintained in good condition.
Part 18 - Page 1
Development Permit Area Guidelines City of Nanaimo Zoning Bylaw
PART 18 - DEVELOPMENT PERMIT AREA (DPA) GUIDELINES
18.1
DPA1: ENVIRONMENTALLY SENSITIVE AREA (ESA) GUIDELINES -
WATERCOURSE, TERRESTRIAL & MARINE FORESHORE
Application
18.1.1
Environmentally Sensitive Areas (ESAs) are identified on "Schedule 6 - DPA1:
Environmentally Sensitive Areas" of the City Plan.
18.1.2
A development permit is required prior to any proposed development in DPA1:
Environmentally Sensitive Areas.
18.1.3
DPA1 applies to the following ESAs:
a) Watercourse ESA
i.
The width of the Watercourse ESA leave strip shall be determined as
specified on Schedule 6 of the City Plan.
ii.
The width of the watercourse leave strip is measured horizontally from,
and at right angles to, the top of bank or wetland boundary of the
watercourse.
b) Terrestrial ESA
i.
Properties impacted by known Terrestrial ESAs are shown on Schedule 6
DPA1: Environmentally Sensitive Areas of the City Plan, and the width of
the terrestrial ESA leave strip shall be determined by a Qualified
Registered Professional through a detailed biophysical assessment and
approved by the Director of Development Approvals.
c) Marine Foreshore ESA
i.
Marine Foreshore ESAs are shown on Schedule 6 of the City Plan.
Guidelines
18.1.4
Where disturbance within an ESA or ESA leave strip cannot be avoided, the following
information must be provided to support the DPA1 development permit application in
order to ensure protection, connectivity and increased functional habitat through
mitigation, compensation and restoration of the ESA:
a) A detailed biophysical assessment of the property, prepared by a Qualified
Registered Professional.
b) A survey, completed by a registered BC Land Surveyor, of the ESA and ESA
leave strip area.
c) A Riparian Areas Protection Regulation (RAPR) assessment report prepared by a
Qualified Registered Professional where applicable.
d) An assessment of the proposed development's impact to the site hydrology
completed by a Qualified Registered Professional.
e) An Executive Summary of the required strategy and recommended measures to
protect the ESA prior to site disturbance, during the construction process and post
Part 18 - Page 2
Development Permit Area Guidelines City of Nanaimo Zoning Bylaw
construction must be included in the Qualified Registered Professional
assessment.
f) A restoration and enhancement management plan and detailed cost estimate for
any restoration works, prepared by a Qualified Registered Professional, for the
disturbed portion of the ESA and ESA leave strip. The plan shall meet the
following criteria:
i.
include restoration and enhancement of ESAs that were impacted by
previous development activities;
ii.
utilize vegetation that is indigenous to Vancouver Island; and
iii.
meet or exceed the landscaping and maintenance requirements in Part 14
of the City of Nanaimo Manual of Engineering Standards and
Specifications (MoESS), as amended from time to time.
g) The principle of net gain will be followed, and a Qualified Registered Professional
must demonstrate how an increase in the quality and quantity of functional habitat
within the ESA and ESA leave strip will be achieved once the proposed
development is complete, such that any areas restored shall be of better
ecological value, and shall be contiguous with the original ESA and ESA leave
strip. The following principles will apply to establishing net gain:
i.
Outcomes through habitat creation, enhancement, and/or restoration;
ii.
Target condition (functional habitat in 20 years); and
iii.
Target metric (twice the area of encroachment into the leave strip).
18.1.5
To protect the ESA the following will be required:
a) Prior to site clearing and construction:
i.
permanent fencing shall be installed to sufficiently protect the ESA from
construction and development activity;
ii.
the fencing must have signage that identifies the area as an
environmentally sensitive area;
iii.
runoff, erosion and sediment control must be installed adjacent to the
ESA leave strip; and
iv.
demarcation of wildlife corridors, wildlife trees, and significant trees as
identified in the Tree Bylaw may also be required.
b) Provision shall be made, and works undertaken, to provide for the disposal of
surface runoff and stormwater flowing over the land, contributed by either the
proposed development or past development. Such works shall be required to
divert drainage away from areas subject to sloughing. Post development surface
flow and groundwater must be maintained in volume and direction.
c) Restricting development activity during sensitive life cycle times, as determined
by a Qualified Registered Professional and following the Develop With Care -
Environmental Guidelines for Urban and Rural Land Development in British
Columbia as prepared by the Province and amended from time to time.
d) The property owner or applicant will retain a Qualified Registered Professional to
monitor and inspect the site during construction and during site restoration, for
the duration of the project and the specified maintenance period, which will be
the greater of three years from completion of restoration and enhancement, or as
recommended by the Qualified Registered Professional. Post-completion
monitoring and inspection reports will be provided to the City on a regular basis
at a minimum of once every six months, or more frequently if recommended by
the Qualified Registered Professional.
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e) Indigenous trees and vegetation, as well as their root zones, within the ESA and
ESA leave strip should not be cut, pruned, altered, removed or damaged.
f) Development should be located in the least environmentally sensitive areas,
such as previously disturbed areas, to minimize impact on the ecology of the
ESA and the ESA leave strip.
g) Maintaining the connectivity of forested corridors is a priority and is strongly
encouraged.
h) The 'green shores' principles and guidelines in the Stewardship Centre for British
Columbia's Green Shores for Home shall be applied to minimize impacts to the
marine foreshore area.
i) Gravel, sand, soils, and peat must not be removed from the ESA, or ESA leave
strip, and soil or other fill must not be deposited in the ESA or ESA leave strip.
j) ESAs and ESA leave strips must not be impacted by blasting or run-off of
sediments and construction-related contaminants.
k) To ensure long-term protection of the ESA and ESA leave strip, the registration
of a Land Title Act Section 219 covenant on the title of the property may be
required.
l) Varying or relaxing other bylaw requirements (e.g., building setbacks, building
height, or parking requirements) will be considered to facilitate safeguarding an
ESA and ESA leave strip, particularly where the relaxation can make possible the
development of the remainder of the lot, while avoiding disturbance within the
ESA and ESA leave strip.
Exemptions
18.1.6 A development permit is not required for the following activities in DPA1:
a) Construction, alteration, or addition to a building or structure, or alteration of land
occurring outside of an ESA and ESA leave strip on a lot, where the location of the
ESA and ESA leave strip have been confirmed by the City of Nanaimo, or by a
Qualified Registered Professional and identified on a survey, completed by a
registered BC Land Surveyor. In addition, permanent fencing, signage, runoff and
erosion and sediment control must installed prior to site clearing and construction to
protect the ESA and ESA leave strip.
b) Internal alterations to an existing building or structure.
c) External alterations to an existing building or structure that do not alter its footprint.
d) The placement of temporary structures used for short-term special events and
emergency facilities where no functional habitat is being disturbed.
e) Demolition of a building or structure located within the ESA and ESA leave strip on a
lot provided no further disturbance of the ESA or ESA leave strip occurs outside of
the footprint of the existing building or structure and provided the work is performed
in accordance with the guidelines.
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f) The erection of a sign or fence provided no native vegetation is removed or
disturbed.
g) Routine maintenance of existing landscape conditions, such as lawn mowing, minor
pruning of trees and shrubs, planting of vegetation, and minor soil disturbance that
does not alter the general contour of the land, provided no removal of vegetation,
replacement with non-landscaped surfaces, or removal of trees occurs and provided
no further impact to the ESA or ESA leave strip occurs.
h) Planting and maintenance of native (indigenous) trees, shrubs or groundcover and
removal of invasive plants or noxious weeds (such as Scotch broom, Himalayan
blackberry, morning glory and purple loosestrife) for the purpose of restoring or
enhancing habitat values and/or soil stability within the ESA and ESA leave strip,
provided such planting is carried out in accordance with the guidelines and meeting
or exceeding the landscaping and maintenance requirements in Part 14 of the City of
Nanaimo Manual of Engineering Standards and Specifications (MoESS), as
amended from time to time.
i) Tree cutting, pruning or removal, completed by a Certified Arborist, and approved
through a permit issued by the City under the Tree Bylaw.
j) Pedestrian trail construction within a watercourse leave strip or marine foreshore if:
i.
it is for access to water only;
ii.
only one trail is built;
iii.
the trail is for pedestrian, non-vehicular use;
iv.
the trail is less than 1.5 metres wide;
v.
no native trees are removed;
vi.
the trail's surface is pervious, including soil, mulch or gravel;
vii.
the overall slope of the trail is less than 10% and where portions of the
trail are greater than 10% the trail is designed to prevent erosion; and
viii.
disturbance of soil, fill, or aggregates occurs within a corridor less than 2
metres in width.
k) Subdivision of land where:
i.
Minimum lot areas are met exclusive of the watercourse leave strip;
ii.
Development activities related to the subdivision or servicing of lots does
not occur in the ESA or ESA leave strip;
iii.
The ESA and the ESA leave strip has been protected through dedication,
Land Title Act Section 219 covenant or other provisions acceptable to the
Approving Officer; and
iv.
All requirements in accordance with the City of Nanaimo Subdivision
Control Bylaw for identifying and marking watercourses, terrestrial ESA,
marine foreshore, natural boundary, top of bank, wetland boundary and
other ESA related features are met.
l) Lot consolidation, road dedication, or a boundary adjustment subdivision where: a
new building footprint is not proposed, and provided lot area requirements are met
exclusive of the ESA and the ESA leave strip.
m) The removal of culverts for watercourse daylighting projects, as approved by a
Qualified Registered Professional and accepted by the City of Nanaimo.
n) Commercial or industrial activity or marine or transportation facilities occurring on an
existing filled marine foreshore on land appropriately zoned for the use.
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o) Works undertaken by the City of Nanaimo, Regional District of Nanaimo, Federal or
Provincial Government, or their authorized agents where appropriate measures have
been undertaken to satisfy the applicable development permit area guidelines.
p) Emergency procedures undertaken by the City of Nanaimo, including:
i.
Emergency flood, erosion or forest fire control protection works;
ii.
Protection, repair or replacement of public utilities;
iii.
Clearing of an obstruction from a bridge, culvert or drainage flow; and,
iv.
Repairs to bridges or safety fences.
q) Actions and activities necessary to prevent immediate threats to life or property
provided any disturbance within the ESA and the ESA leave strip is immediately
reported to the City. A development permit may be required for remediation once the
emergency has passed.
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18.2
DPA2: HAZARDOUS SLOPES GUIDELINES
Application
18.2.1 Hazardous Slopes are identified on Schedule 7 - DPA2: Hazardous Slopes of the City
Plan.
18.2.2 A development permit is required prior to any proposed development within DPA2:
Hazardous Slopes.
18.2.3 If a steep or unstable slope is identified by a Qualified Registered Professional during
site assessment and investigation the guidelines of DPA2 may apply to the proposed
development.
Guidelines
18.2.4 The following may be required to be provided to support the DPA2 development permit
application:
a) A geotechnical report that provides recommendations to protect the development
from hazardous conditions, in compliance with the City of Nanaimo Guidelines for the
Completion of Geotechnical Reports, prepared by a registered professional
geotechnical engineer. Development should take into account recommendations
from the geotechnical report and a Land Title Act Section 219 covenant with the
geotechnical report may be required to be registered on title of the property.
b) A construction management plan with mitigation strategies to avoid impacts to steep
and unstable slopes during construction. Mitigation strategies may include erosion
protection, selective vegetation removal, restricting site access, and removal of
debris or other measures as recommended by Qualified Registered Professional.
c) A vegetation restoration and management plan, prepared by a Qualified Registered
Professional, that meets or exceeds the landscaping requirements in Part 14 of the
City of Nanaimo Manual of Engineering Standards and Specifications (MoESS), as
amended from time to time.
18.2.5 To protect the development from hazardous conditions the following will be required:
a) No vegetation removal, no significant excavation or placement of fill shall be
undertaken, nor shall any building or permanent structure of any kind be constructed
or placed in areas subject to bank instability.
b) Buildings and structures shall be sited in accordance with building setbacks as
established by a registered professional geotechnical engineer to avoid areas
subject to unstable slope and/or ground instability.
Exemptions
18.2.6 A development permit is not required for the following activities in DPA2:
a) The construction, alteration, or addition to a building or structure, or alteration of land
occurring outside of the designated development permit area, as determined by the
City of Nanaimo, or by a Qualified Registered Professional and identified on a survey
prepared by a BC Land Surveyor.
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b) Internal alterations to existing building or structure.
c) External alterations to an existing building or structure that do not alter its footprint.
d) The construction of new accessory buildings or structures, not on permanent
foundations, less than 10m2 in floor area.
e) The construction, alteration, or addition to a building or structure where a
geotechnical report has been prepared to the satisfaction of the building inspector
following the City of Nanaimo Guidelines for the Completion of Geotechnical
Reports, satisfies the objectives and guidelines for DPA2 and provides a set of
recommendations to address the hazard, concluded in a report that the land can be
developed safely if the recommendations are followed and this report, together with a
"save harmless" Land Title Act Section 219 covenant in favour of the City of
Nanaimo requiring compliance with the recommendations, is registered on title.
f) The placement of temporary structures used for short-term special events and
emergency facilities.
g) The erection of a sign or fence.
h) Routine maintenance of existing landscape conditions provided no removal of
vegetation, replacement with non-landscaped surfaces, or removal of trees occurs
unless following the recommendations of and under the supervision of a Qualified
Registered Professional.
i) Actions and activities performed in accordance with the recommendations of a
previously accepted geotechnical report where such report forms a schedule to a
Land Title Act Section 219 covenant registered on the property title, which effectively
mitigates the hazardous conditions and saves harmless the City of Nanaimo.
j) Subdivision where a geotechnical report has been prepared to the satisfaction of the
Approving Officer following the City of Nanaimo Guidelines for the Completion of
Geotechnical Reports, satisfies the objectives and guidelines for DPA2 and provides
a set of recommendations to address the hazard, concluded in a report that the land
can be developed safely if the recommendations are followed and this report,
together with a "save harmless" Land Title Act Section 219 covenant in favour of the
City of Nanaimo requiring compliance with the recommendations, is registered on
title.
k) Lot consolidation, road dedication, or a boundary adjustment subdivision where a
new building footprint is not proposed.
l) Actions and activities necessary to prevent immediate threats to life or property
provided any disturbance within the DPA is immediately reported to the City. A
development permit may be required for remediation and permanent protective
works once the emergency has passed.
m) Works undertaken by the City of Nanaimo, Regional District of Nanaimo, Federal or
Provincial Government, or their authorized agents where appropriate measures have
been undertaken to satisfy the applicable development permit area.
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18.3 DPA3: SEA LEVEL RISE GUIDELINES
Application
18.3.1 Areas of potential impact from sea level rise and the 2100 Flood Construction Areas are
identified on Schedule 8 - DPA3: Sea Level Rise of the City Plan.
18.3.2 A development permit is required prior to any proposed development within DPA3: Sea
Level Rise.
Guidelines
18.3.3 To protect development from sea level rise proposed buildings in DPA3 (along the shore
and in areas at risk of coastal flooding, up to the year 2100) shall establish a required
elevation to ensure that all habitable area is located above the sea level rise flood
construction level.
18.3.4 The following must be provided to support the DPA3 development permit application:
a) A report prepared by a Qualified Registered Professional with training and
experience in sea level rise, such as a Coastal Engineer, that provides
recommendations to protect the development from sea level rise, is in compliance
with the City of Nanaimo Guidelines for the Completion of Geotechnical Reports and
is in compliance with the provincial Flood Hazard Area Land Use Management
Guidelines or any similar, successor or replacement guidelines that may exist from
time to time. The report shall model wave and wind effects, and identify setbacks,
elevations and other conditions to protect development from sea level rise, as well as
detailed calculations of the required flood construction level as it applies to the entire
property.
b) Should imported fill be required for site grading, the fill should be clean and free of
debris and deleterious substances and adhere to fill specifications outlined by a
Qualified Registered Professional.
c) If any landfill is proposed, it should be adequately compacted, and the face of the
landfill slope should be adequately protected against erosion from flood flows, wave
action, ice or other debris. The fill must not adversely impact neighbouring properties
by increasing the surface water elevation or directing flows toward those properties.
d) Consider zoning bylaw variances in order to construct a building at the elevation of
the calculated FCL or 15m from the future estimated natural boundary of the ocean
at Year 2100, whichever is greater. Variances may include, but are not limited to,
height and setback variances. Requested variances shall consider proximity to
adjacent dwellings, as well as privacy and view impacts for neighbours.
(4500.223; 2024-JUN-17)
e) Where changes in site grading are proposed to mitigate coastal flooding,
landscaping shall address grade differences to adjacent properties to consider
privacy including light, view, and overlook and proximity issues between properties.
In addition, site grading should consider the topography of a site, reducing the need
for major site preparation or earthwork, maintenance or enhancement of desirable
site features (natural vegetation, trees, natural shoreline, or rock outcrops/bluffs).
The use of exposed retaining walls shall be minimized with specific consideration for
exposed retaining walls facing adjacent properties.
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Exemptions
18.3.5 A development permit is not required for the following activities in DPA3:
a) The construction, alteration, or addition to a building or structure, or alteration of land
occurring outside of the designated development permit area, as determined by the
City of Nanaimo, or by a Qualified Registered Professional and identified on a survey
prepared by a BC Land Surveyor.
b) Internal alterations to an existing building or structure.
c) External alterations to an existing building or structure that do not alter its footprint.
d) The construction of an accessory building or structure for non-habitable area.
e) The addition, or alteration to an existing building or structure for non-habitable area.
f) The construction, or alteration by the City of Nanaimo, or its authorized agents of a
recreation shelter, stand, washroom, and other outdoor facility designed to withstand
periodic flooding.
g) The construction, alteration, or addition to a building or structure where a
geotechnical report has been prepared to the satisfaction of the building inspector
following the City of Nanaimo Guidelines for the Completion of Geotechnical
Reports, satisfies the objectives and guidelines for DPA3 and provides a set of
recommendations to address the hazard, concluded in a report that the land can be
developed safely if the recommendations are followed and this report, together with a
"save harmless" Land Title Act Section 219 covenant in favour of the City of
Nanaimo requiring compliance with the recommendations, is registered on title.
h) The placement of temporary structures used for short-term special events and
emergency facilities.
i) The erection of a sign or fence.
j) Routine maintenance of landscaping and minor soil disturbance that does not alter
the general contour of the land.
k) Tree cutting, pruning or removal, completed by a Certified Arborist, and approved
through a permit issued by the City under the Tree Bylaw.
l) Actions and activities performed in accordance with the recommendations of an
accepted geotechnical report where such report forms a schedule to a Land Title Act
Section 219 covenant registered on the property title, which effectively mitigates the
hazardous conditions and saves harmless the City of Nanaimo.
m) Subdivision where a geotechnical report has been prepared to the satisfaction of the
Approving Officer following the City of Nanaimo Guidelines for the Completion of
Geotechnical Reports, satisfies the objectives and guidelines for DPA3 and provides
a set of recommendations to address the hazard, concluded in a report that the land
can be developed safely if the recommendations are followed and this report,
together with a "save harmless" Land Title Act Section 219 covenant in favour of the
City of Nanaimo requiring compliance with the recommendations, is registered on
title.
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n) Lot consolidation, road dedication, or a boundary adjustment subdivision: where a
new building footprint is not proposed, and provided lot area requirements are met
exclusive of the DPA.
o) Commercial or industrial activity or marine or transportation facilities occurring on
existing filled marine foreshore on land appropriately zoned for the use provided
such activities are designed to withstand flooding.
p) Actions and activities necessary to prevent immediate threats to life or property
provided such actions and activities within the DPA are immediately reported to the
City. A development permit may be required for remediation and permanent
protective works once the emergency has passed.
q) Works undertaken by the City of Nanaimo, Regional District of Nanaimo, Federal or
Provincial Government, or their authorized agents where appropriate measures have
been undertaken to satisfy the applicable development permit area guidelines.
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18.4 DPA4: ABANDONED MINE WORKINGS HAZARDS GUIDELINES
Application
18.4.1 Abandoned mine workings are identified on Schedule 9 - DPA4: Abandoned Mine
Workings Hazards of the City Plan.
18.4.2 A development permit is required for any proposed development within DPA4:
Abandoned Mine Workings Hazards.
Guidelines
18.4.3 The following may be required to be provided to support the DPA4 development permit
application:
a) A geotechnical report that provides an assessment and recommendations to protect
the development from hazardous conditions in relation to the abandoned mine
workings. The geotechnical report must be completed by Qualified Registered
Professional experienced with abandoned mine working hazards in conformance
with the City of Nanaimo Guidelines for Geotechnical Assessments Above
Abandoned mine workings and the City of Nanaimo Guidelines for the Completion of
Geotechnical Reports. Where the Qualified Registered Professional is not able to
verify that the land may be used safely for the use intended, the assessment report
shall identify the further investigations required to assess the site and/or present
recommendations under which the land may be used safely for the use intended.
b) To ensure that geotechnical recommendations are adhered to for the long term, a
Land Title Act Section 219 covenant with the geotechnical report may be required to
be registered on the title of the property.
Exemptions
18.4.4 A development permit is not required for the following activities in DPA4:
a) The construction, alteration, or addition to a building or structure, or alteration of land
occurring outside of the designated development permit area, as determined by the
City of Nanaimo, or by a Qualified Registered Professional experienced with
abandoned mine working hazards, and identified on a survey prepared by a BC Land
Surveyor.
b) Internal alterations to existing building or structure.
c) External alterations to an existing building or structure that do not alter its footprint.
d) The construction of an accessory building or structure for non-habitable area.
e) The addition, or alteration to an existing building or structure for non-habitable area.
f) The construction, alteration, or addition to a building or structure where a
geotechnical report has been prepared to the satisfaction of the building inspector
following the City of Nanaimo Guidelines for the Completion of Geotechnical
Reports, satisfies the objectives and guidelines for DPA4 and provides a set of
recommendations to address the hazard, concluded in a report that the land can be
developed safely if the recommendations are followed and this report, together with a
"save harmless" Land Title Act Section 219 covenant in favour of the City of
Nanaimo requiring compliance with the recommendations, is registered on title.
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g) The placement of temporary structures as permitted under 6.7 of this Bylaw.
h) The erection of a sign or fence.
i) Tree cutting, pruning or removal, completed by a Certified Arborist, and approved
through a permit issued by the City under the Tree Bylaw.
j) Actions and activities performed in accordance with the recommendations of an
accepted geotechnical report where such report forms a schedule to a Land Title Act
Section 219 covenant registered on the property title, which effectively mitigates the
hazardous conditions and saves harmless the City of Nanaimo.
k) Subdivision where a geotechnical report has been prepared to the satisfaction of the
Approving Officer following the City of Nanaimo Guidelines for the Completion of
Geotechnical Reports, satisfies the objectives and guidelines for DPA4 and provides
a set of recommendations to address the hazard, concluded in a report that the land
can be developed safely if the recommendations are followed and this report,
together with a "save harmless" Land Title Act Section 219 covenant in favour of the
City of Nanaimo requiring compliance with the recommendations, is registered on
title.
l) Lot consolidation, road dedication, or a boundary adjustment subdivision where a
new building footprint is not proposed.
m) Works undertaken by the City of Nanaimo, Regional District of Nanaimo, Federal or
Provincial Government, or their authorized agents where appropriate measures have
been undertaken to satisfy the applicable development permit area guidelines.
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18.5 DPA5: WILDFIRE HAZARD GUIDELINES
Application
18.5.1 Wildfire Hazard Areas are identified on Schedule 10 - DPA5: Wildfire Hazard Areas of
the City Plan.
18.5.2 A Wildfire Hazard development permit is required prior to the construction of any
residential building, or subdivision of land in the DPA5 wildfire hazard area.
Guidelines
18.5.3 The following may be required to be provided to support the DPA5 development permit
application:
a) A report that assesses risk and provides recommendations to protect development
from the wildfire interface hazard, prepared by a Qualified Registered Professional
registered in British Columbia with specific training and experience working with
wildfire interface protection.
b) A detailed tree survey, prepared by a Qualified Registered Professional, or Certified
Arborist, showing tree location, size, condition and species.
18.5.4 To protect development from wildfire hazards the following may be required:
a) Create a defensible space between development and the top of ridgelines, cliffs,
ravines or slopes to reduce risk from approaching wildfire.
b) Consider the location of proposed new parcels and building footprints in relation to
forested lands, and consider roadways or trails to be placed as a buffer between new
parcels and forested lands to provide a fire/fuel break.
c) Avoid gullies or draws that accumulate fuel and funnel winds in subdivision design.
d) Utilize fire resistive building materials (cladding, siding, roofing, and decking) and
non-combustible fence materials.
e) Design and install landscaping to reduce fuel surrounding buildings, ensure
appropriate gaps between tree canopies, and ground coverings, and plants with low
amounts of sap or resin.
f) Maintain landscaping to ensure fuel reduction, such as regular pruning, and
removing dead trees and shrubs.
g) Locate fire access routes and fire hydrants strategically to allow for evacuation and
emergency services.
h) Ensure combustible materials, such as propane tanks and firewood are not located
in close proximity to buildings. (4500.219; 2024-MAR-04)
i) Restrict construction during times of extreme fire hazard.
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Development Permit Area Guidelines City of Nanaimo Zoning Bylaw
j) To ensure that fire hazard risk recommendations are adhered to for the long term, a
Land Title Act Section 219 covenant may be required to be registered on the title of
the property.
Exemptions
18.5.5 A development permit is not required for the following activities in DPA5:
a) Construction of a single residential dwelling, duplex, or related accessory buildings
and structures on an existing lot.
b) Addition or alteration to an existing single residential dwelling or duplex.
c) For multi-family residential development:
i.
Construction which is limited to the addition, replacement or alteration of
doors, windows, building trim, or roofs and which would have no impact on
the form and character of the building and would not impact the existing
landscaping or access provisions;
ii.
Interior building alterations;
iii.
Exterior building alterations involving 25% or less of the façade of an existing
building;
iv.
A minor addition up to 50m2 of the building's gross floor area, taken together
with all additions to the building made within the previous five years; or
v.
Replacement of a building that has been destroyed by natural causes, in
cases where replacement of the building is identical to the original in both
form and location.
d) Tree cutting, pruning or removal, completed by a Certified Arborist, and approved
through a permit issued by the City under the Tree Bylaw.
e) Subdivision where a report that assesses risk and provides recommendations to
design and protect development from the wildfire interface hazard has been
prepared, to the satisfaction of the Approving Officer, by a Qualified Registered
Professional registered in British Columbia with specific training and experience
working with wildfire interface protection. The report may be required to be registered
on title together with a "save harmless" Land Title Act Section 219 covenant in favour
of the City of Nanaimo requiring compliance with the recommendations, at the
discretion of the Approving Officer.
f) Lot consolidation, road dedication, or a boundary adjustment subdivision where a
new building footprint is not proposed.
g) Any development where, in the opinion of the Fire Chief, the development will
mitigate wildfire hazard.
h) Where an existing Land Title Act Section 219 covenant is in place which effectively
mitigates the hazardous conditions and saves harmless the City of Nanaimo. For the
City to determine whether the proposed development qualifies for the exemption,
applicants may be required to provide a report on the development and hazardous
condition, prepared by a Qualified Registered Professional, registered in British
Columbia with specific training and experience working with wildfire interface
protection.
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Development Permit Area Guidelines City of Nanaimo Zoning Bylaw
i) Works undertaken by the City of Nanaimo, Regional District of Nanaimo, Federal or
Provincial Government, or their authorized agents where appropriate measures have
been undertaken to satisfy the applicable development permit area.
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18.6 DPA6: STEEP SLOPES GUIDELINES
Application
18.6.1 Steep Slopes are identified on Schedule 11 - DPA6: Steep Slopes of the City Plan.
18.6.2 A development permit is required prior to any proposed development in DPA6: Steep
Slopes.
Guidelines
18.6.3 Development in DPA6: Steep Slopes must follow the City of Nanaimo Steep Slope
Development Permit Area Guidelines, which form part of the DPA6 guidelines.
Exemptions
18.6.4 A development permit is not required for the following activities in DPA6:
a) Construction of two units or less on a lot.
b) Construction on a property less than 0.5ha in area.
c) Construction on a property which has less than 10% of the site with slopes of 20% or
greater.
d) Alteration of a building that is limited to envelope repair, replacement or alteration of
doors, windows, building trim, awnings, or roofs.
e) Alteration to site design, building design, and/or landscape design determined by the
City to substantially comply with a previously approved Form and Character
development permit.
f) A minor addition up to the lesser of 25% of the building's gross floor area or 100m2,
taken together with all additions to the building made within the previous five years,
provided the addition is not undertaken within five years of building occupancy, or
final approval being granted, and provided a variance is not required.
g) Temporary buildings and structures as permitted under 6.7 of this Bylaw.
h) The construction of new accessory buildings or structures, not on permanent
foundations, less than 10m2 in floor area.
i) The construction of an accessory building or structure for non-habitable area.
j) Routine maintenance of landscaping and minor soil disturbance that does not alter
the general contour of the land.
k) Tree cutting, pruning or removal, completed by a Certified Arborist, and approved
through a permit issued by the City under the Tree Bylaw.
l) Lot consolidation, road dedication, or a boundary adjustment subdivision where a
new building footprint is not proposed.
m) Actions and activities necessary to prevent immediate threats to life or property
provided such actions and activities within the DPA are immediately reported to the
City. A development permit may be required for remediation once the emergency
has passed.
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Development Permit Area Guidelines City of Nanaimo Zoning Bylaw
n) Works undertaken by the City of Nanaimo or its authorized agents where appropriate
measures have been undertaken to satisfy the applicable development permit area
guidelines as determined by the City of Nanaimo.
o) Works undertaken by the City of Nanaimo, Regional District of Nanaimo, Federal or
Provincial Government, or their authorized agents where appropriate measures have
been undertaken to satisfy the applicable development permit area guidelines.
p) Subdivision where no new streets or lanes are proposed for dedication and the
subdivision will create fewer than 3 additional lots. (4500.219; 2024-MAR-04)
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Development Permit Area Guidelines City of Nanaimo Zoning Bylaw
18.7
DPA7: NANAIMO PARKWAY DESIGN GUIDELINES
Application
18.7.1 The Nanaimo Parkway Design development permit area is identified on Schedule 12 -
DPA7: Nanaimo Parkway Design of the City Plan.
18.7.2 A development permit is required prior to any proposed development in DPA7: Nanaimo
Parkway Design.
Guidelines
18.7.3 Development in DPA7: Nanaimo Parkway Design must respect the specific character
zones and guidelines as set out in the Nanaimo Parkway Design Guidelines, which form
part of the DPA7 guidelines.
Exemptions
18.7.4 A development permit is not required for the following activities in DPA7:
a) The construction of, or an addition to, a single family dwelling or duplex on one lot.
b) Tree cutting, pruning or removal, completed by a Certified Arborist, and approved
through a permit issued by the City under the Tree Bylaw provided the cutting,
pruning, or removal are performed in a manner consistent with the applicable
development permit area guidelines
c) A boundary adjustment subdivision application that:
i.
does not result in an increase of the allowable density on the property; and,
ii.
has been determined by the Director of Development Approvals to conform to
the Nanaimo Parkway Design Guidelines.
d) When the subject property or portion of the property being developed lies outside the
Character Protection Area and Tree Protection Zone as identified by the Nanaimo
Parkway Design Guidelines, unless the view corridors identified by the guidelines are
impacted.
e) Works undertaken by the City of Nanaimo, Regional District of Nanaimo, Federal or
Provincial Government, or their authorized agents where appropriate measures have
been undertaken to satisfy the applicable development permit area guidelines.
Part 18 - Page 19
Development Permit Area Guidelines City of Nanaimo Zoning Bylaw
18.8
DPA8: FORM AND CHARACTER GUIDELINES
Application
18.8.1 The Form and Character development permit area is all the land within the City of
Nanaimo boundary, and is identified on Schedule 13 - DPA8: Form and Character of the
City Plan.
18.8.2 A development permit is required for any proposed commercial, industrial, multi-family,
or mixed-use development in DPA8: Form and Character. (4500.235; 2025-JUL-21)
Guidelines
18.8.3 The Form and Character Design Guidelines (2025) form part of the DPA8 guidelines,
and shall apply to all proposed commercial, industrial, multi-family, or mixed-use
development in DPA8: Form and Character. (4500.235; 2025-JUL-21)
18.8.4 In addition to 18.8.3, the design guidelines in the following documents, which form part
of the DPA8 guidelines, shall also apply to any proposed commercial, industrial, multi-
family, or mixed-use development in the corresponding areas shown on Schedule E of
this Bylaw:
a) Nanaimo Downtown Plan (2002)
b) Port Drive Waterfront Master Plan (2018)
c) Hospital Area Plan (2018)
d) Bowers District Master Plan (2022)
e) Sandstone Master Plan (2022)
(4500.235; 2025-JUL-21)
Exemptions
18.8.5 A development permit is not required for the following activities in DPA8:
a) Alteration of a building that is limited to envelope repair, replacement or alteration of
doors, windows, building trim, awnings, or roofs.
b) Alteration to site design, building design, and/or landscape design determined by the
City to substantially comply with a previously approved Form and Character
development permit.
c) A minor addition up to the lesser of 25% of the building's gross floor area or 100m2,
taken together with all additions to the building made within the previous five years,
provided the addition is not undertaken within five years of building occupancy, or
final approval being granted, and provided a variance is not required.
d) Construction that is limited to no more than a total of four dwelling units on one lot,
provided the development is not located within the Old City Neighbourhood as shown
on Schedule 2 of the City Plan and provided a variance is not required. (4500.219;
2024-MAR-04)
e) Construction, alteration, or addition is for an institutional building, or structure.
f) Construction of an accessory commercial, or industrial building, or structure with a
total gross floor area of less than 100m2 and not located between the front face of
the principal structure and any abutting street and provided a variance is not
required.
Part 18 - Page 20
Development Permit Area Guidelines City of Nanaimo Zoning Bylaw
g) Temporary buildings and structures as permitted under 6.7 of this Bylaw.
h) Subdivision.
Part 19 - Page 1
Effective Date of Bylaw
City of Nanaimo Zoning Bylaw
PART 19 - EFFECTIVE DATE OF BYLAW
This Bylaw shall come into force and take effect upon the adoption thereof.
PASSED FIRST READING 2011-JUN-13
PASSED SECOND READING 2011-JUN-13
PUBLIC HEARING HELD 2011-JUN-23
PASSED THIRD READING, AS AMENDED 2011-JUL-11
MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE APPROVAL 2011-JUL-26
ADOPTED 2011-AUG-08
J. R. RUTTAN
MAYOR
J. E. HARRISON
MANAGER
LEGISLATIVE SERVICES
CITY OF NANAIMO ZONING BYLAW 2011 NO. 4500
SCHEDULE A
ZONING MAP
(Please contact the City of Nanaimo to obtain a copy of this Schedule)
SCHEDULE B
Fine Schedule
[DELETED]
(4500.179; 2020-NOV-02)
SCHEDULE C
WATERCOURSES AND MARINE FORESHORE
(Please contact the City of Nanaimo to obtain a copy of Schedule C)
Schedule D
Amenity Requirements for Additional Density
In order for a development to include the additional Tier 1 density provided for within this
Bylaw, the proposed development must achieve sufficient minimum points required in at
least three of the categories set out in the following table which allocates points for
amenities, affordable housing and the location of the development.
In order for a development to include the additional Tier 2 density provided for within this
Bylaw, the proposed development must achieve at total of 65 or more points set out in
the following table which allocates points for amenities, affordable housing and the
location of the development.
Category 1: Site Selection (10 points required)
Amenity
Points
A The proposed development is located on a brownfield site.
5
B The proposed development is located on an existing street where the
location does not require any new infrastructure such as storms drains,
curbs or sidewalks.
3
C The proposed development is located within 200m of a park or trail
network.
1
D The proposed development is located within 400m of any of the
following:
-
retail store;
-
daycare facility;
-
Nanaimo Regional District transit bus stop;
-
any PRC (Parks, Recreation and Culture) Zoned property; and /
or
-
a CS-1 (Community Service One) zoned property.
1 point
each
E The proposed development will add any of the following amenities on
the site, or immediately adjacent to the site, as part of the proposed
development:
-
retail store or public market;
-
daycare facility;
-
Nanaimo Regional District transit bus stop;
-
any PRC (Parks, Recreation and Culture) Zoned property;
-
a CS-1 (Community Service One) zoned property; and / or
-
public art.
1 point
each
Total
20
Category 2: Retention and Restoration of Natural Features (8 points required)
Amenity
Points
A The subject property includes a Terrestrial Environmentally Sensitive
Area (ESA), as designated by the City Plan "Schedule 6 - DPA1
Environmentally Sensitive Areas" and includes at least a 15m natural
area buffer around the ESA.
2
B The property includes the retention of natural vegetation, trees, shrubs,
and under storey for a contiguous area that is equal to or greater than
15% of the property area, exclusive of the required watercourse leavestrip
or environmentally sensitive area buffer.
3
C The proposed development includes at least 50% retention of natural
soils.
1
D The subject property includes at least one significant tree and the
proposed development will not result in the loss of any trees included on
the list of significant trees within the City of Nanaimo's Management and
Protection of Trees Bylaw.
2
E The proposed development includes street trees.
1
F After re-planting, the proposed development does not result in a net loss
of trees with a caliper greater than 6cm.
1
G Post development, the total amount of trees on the property, or adjacent
road right-of-way or public space is at least 20% more than the number of
trees on the property before development.
2
H Restore a minimum of 50% of the site area (excluding the building
footprint) by maintaining pervious surfaces.
3
I
The development includes permanent educational signage or display(s)
regarding the protected or planted plants, trees, animal habitat or other
natural features on the site.
1
Total
16
(4500.199; 2022-JUL-04)
Category 3: Parking and Sustainable Transportation (10 points required)
Amenity
Points
A For a non-residential component of a development, shower and change
room facilities are provided to accommodate employees.
2
B At least one parking space is clearly marked and designated for the
exclusive use of a vehicle belonging to a car share or car co-op.
1
C The developer purchases a new car and gifts the car to a recognized car
share provider for the inclusion of a car share space on the subject
property.
4
D A minimum of 50% of the parking provided for the proposed development
includes access to an electric vehicle charging station.
2
E A minimum of 80% of the total parking area is located underground or in a
parking structure incorporated into the design of the building.
4
F The proposed development includes covered and designated parking
spaces for a motorized or electric scooter, or a designated motorcycle
parking space to accommodate the following number of spaces:
a) multiple family residential developments: 1 motorized or electric
scooter or motorcycle space per 15 dwelling units; or
b) non-residential uses: 1 motorized or electric scooter or motorcycle
space per 600m2 of Gross Floor Area for the first 5000m2 plus one
space per 1500m2 of additional Gross Floor Area.
2
G A pedestrian network is included in the proposed development that
connects the buildings on the site with the public road right-of-way and,
the pedestrian network from the adjacent site to which there is access by
perpetual easement or right-of-way, provided the City agrees to accept
the right-of-way.
2
H Parking does not exceed minimum parking requirements within the City of
Nanaimo "Off-Street Parking Regulations Bylaw 2018 No. 7226" and
amendments thereto, and any subsequent bylaw or bylaws which may be
enacted in the substitution thereof.
2
I
The development includes signage or display(s) regarding sustainable
transportation alternatives available on site or within the immediate area.
1
Total
20
(4500.182; 2021-DEC-06)
Category 4: Building Materials (8 points required)
Amenity
Points
A Wood is the primary building material.
1
B The proposed development uses salvaged, refurbished or reused
materials; the sum of which constitutes at least 10% of the total value of
materials on the project.
2
C At least 50% of all wood products used in construction are certified by the
Forest Stewardship Council (FSC), the Sustainable Forestry Initiative
(SFI), the Canadian Standards Association - Sustainable Forest
Management Standard (CSA-SFM), or recognized equivalent.
3
D The proposed development uses materials with recycled content such
that the sum of the postconsumer recycled material constitutes at least
25%, based on costs, of the total value of the materials in the project.
2
E The project developer has submitted a construction and waste
management plan that, at a minimum, identifies the materials to be
diverted from disposal and whether the materials will be sorted onsite or
comingled.
2
F At least 75% of the materials used in construction are renewable
resources.
2
G The property includes an existing building and at least 75% of existing
building structure or shell is retained.
3
H The development includes permanent educational signage or display(s)
regarding the sustainable use of building materials used during
construction of the project.
1
Total
16
Category 5: Energy Management (11 points required)
Amenity
Points
A The proposed development meets at least the requirements of Step 2 of
the BC Energy Step Code and exceeds the requirement specified in the
Building Bylaw by one step.*
10*
B The proposed development meets at least the requirements of Step 3 of
the BC Energy Step Code and exceeds the requirement specified in the
Building Bylaw by two steps.*
15*
C The proposed development is considered a Part 3 within the British
Columbia Building Code (BCBC) and the building meets the minimum
requirements of Step 4 (Net Zero Ready) within the BC Energy Step
Code; or
The proposed development is considered a Part 9 within the British
Columbia Building Code (BCBC) and the building meets the minimum
requirements of Step 4 or 5 within the BC Energy Step Code.*
30*
D The development includes permanent education signage or display(s)
regarding sustainable energy management practices used onsite.
1
Total
31
* Points will be awarded for only one of A, B, or C.
Category 6: Water Management (8 points required)
Amenity
Points
A At least 50% of the property is covered with a permeable surface area
which may include a green roof.
2
B The proposed buildings on the property include plumbing features which
will use 35% less water than the BC Building Code standard.
2
C A green roof is installed to a minimum 30% of the roof area.
3
D A living wall is installed to cover at least 10% of the total available wall
area for the proposed project.
2
E A non-potable irrigation system is installed and used for all on-site
irrigation.
3
F A water efficient irrigation system (such as drip) is installed.
1
G The proposed development includes a rain garden, cistern, bioswale or
storm water retention pond on the property.
2
H The development site includes permanent educational signage or a
display(s) regarding sustainable water management practices used on
site.
1
Total
16
Category 7: Social and Cultural Sustainability (8 points required)
Amenity
Points
A At least 10% of the residential dwelling units within a building are no
greater than 29m2 in area.
1
B At least 10% of the residential dwelling units meet all the accessibility
requirements within the British Columbia Building Code 2012 (BCBC) or
any subsequent Act or Acts which may be enacted in substitution therefore.
3
C The property owner agrees to enter into a Housing Agreement with the
City of Nanaimo to ensure that all residential dwelling units shall not be
sold independently for at least ten years after the building receives final
occupancy.*
4*
D The property owner agrees to enter into a Housing Agreement with the
City of Nanaimo to ensure that all residential dwelling units shall not be
sold independently.*
7*
E The property owner agrees to enter into a Housing Agreement with the
City of Nanaimo to ensure that where residential dwelling units are
subdivided under the Strata Property Act or otherwise sold separately, the
strata corporation will not place restrictions which prevent the rental of
individual residential units.*
2*
F A permanent public art feature is included on the site in accordance with
the City's Community Plan for Public Art.
2
G A children's play area is provided.
1
H A dedicated garden space is provided to building residents and/or
members of the community in which users are given the opportunity to
garden.
1
I
The development site includes permanent heritage interpretive signage or
heritage building elements where relevant.
1
J
The development protects and rehabilitates heritage buildings or
structures, archaeological resources and cultural landscapes considered
to have historical value by the City.
3
Total
19
*Points will be awarded for only one of C, D, or E.
(4500.154; 2019-NOV-04)
Category 8: Affordable Housing (10 points required)
Amenity
Points
A The property owner enters into a Housing Agreement with the
City of Nanaimo to ensure that at a portion of the residential
dwelling units will be sold for at least 10% less than the
median sale price for comparable units (unit type and number
of bedrooms), as provided by the Vancouver Island Real
Estate Board for the current year, and cannot be sold for
greater than the original sale price for a period of ten years.
The Gross Floor Area of the dwelling units provided for within
the Housing Agreement must be greater than 29m2 in area.
1 point per 10%
increment of total
residential
dwelling units, up
to a maximum of
10 points
B The property owner enters into a Housing Agreement with the
City of Nanaimo to ensure that a portion of the residential
dwelling units will be rented at less than average rent levels as
determined by the CMHC. The Gross Floor Area of the
dwelling units provided for within the Housing Agreement must
be greater than 29m2 in area.
2 points per 10%
increment of total
residential
dwelling units, up
to a maximum of
20 points
C The property owner enters into a Housing Agreement with the
City of Nanaimo to ensure rent for a portion of the residential
dwelling units does not exceed 30% of the Housing Income
Limit for Nanaimo, as determined by BC Housing.
3 points per 10%
increment of total
residential
dwelling units, up
to a maximum of
30 points
Total
30
168 points total
(4500.180; 2021-JUN-21)
Definitions
BC Energy Step Code: means a voluntary provincial standard enacted in April 2017 that
provides an incremental and consistent approach to achieving more energy-efficient
buildings that go beyond the requirements of the base BC Building Code.
Brownfield Site: means a previously commercial or industrial property which is an
abandoned, idled, or underused where expansion or redevelopment is complicated by
environmental contamination.
Carpool Parking Space: means a parking space clearly marked and designated for the
exclusive use of a vehicle used to carry two or more people commuting to the same
location.
Electric Vehicle Charging Station: means a public or private parking space that is
served by battery charging station equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery or other energy storage
device in an electric vehicle.
Non-potable Irrigation System: means a system used for providing water to plants
which uses water that has not been examined, properly treated, and not approved by
appropriate authorities as being safe for consumption.
Pedestrian Network: means a pedestrian trail or series of pedestrian trails that connect
a developed property with an adjacent property.
Permeable Surface Area: means any surface consisting of a material that can provide
for storm water infiltration.
(4500.103; 2017-JUL-10)
SCHEDULE E
FORM AND CHARACTER DESIGN GUIDELINES - AREA PLANS
(Please contact the City of Nanaimo to obtain a copy of Schedule E)