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City of Nelson
Zoning Bylaw
BYLAW NO. 3652, 2026
City of Nelson Zoning Bylaw No. 3652, 2026
2
Part 1: Interpretation...................................5
Application..................................................6
Rezoning Applications.................................6
Compliance with Other Legislation.............7
Severability..................................................7
Repeal..........................................................7
Rules of Interpretation................................7
Definitions...................................................9
Part 2: Enforcement...................................24
Authorizations and Right of Entry.............25
Prohibitions...............................................25
Penalties....................................................26
Part 3: General Regulations........................27
Uses Permitted in All Zones.......................28
Prohibited Uses.........................................28
Minimum Dwelling Unit Size ....................29
Maximum Building Length & Footprint.....29
Obstruction of Vision................................29
Fences........................................................30
Accessory Buildings...................................30
Shipping Containers...................................31
Storage......................................................31
Waste & Recycling Facilities......................32
Emergency Access ....................................33
Nuisances & Lighting.................................34
Amenity Areas .........................................34
Temporary Use Permits ...........................35
Laneway Houses........................................35
Home Occupation.....................................36
Live/Work Units.........................................36
Part 4: Conditional Uses.............................37
Short-Term Rentals....................................38
Cannabis Retail Stores...............................38
Part 5: Exceptions......................................39
Height Exceptions ....................................40
Siting Exceptions........................................40
Part 6: Subdivision of Land.........................42
Minimum Lot Area and Width...................43
Panhandle Lots..........................................43
Lot Area & Width Exemptions...................43
Lot Line Adjustments and Consolidation..44
Bare Land Strata Subdivision.....................44
Part 7: Off-Street Parking Requirements.....45
Calculation of Required Spaces.................46
Minimum Off-Street Parking
Requirements.......................................47
Exemptions, Reductions & Cash In-Lieu....48
Shared Parking ..........................................49
Accessible Vehicle Parking.........................50
Electric Vehicle Charging Requirements ....51
Location.....................................................51
Parking Space Dimensions.........................53
Parking Lot Design.....................................53
Driveway Accesses.....................................54
Tandem Parking .......................................55
Voluntary Establishment of Off-Street
Parking .................................................55
Loading Spaces..........................................55
Minimum Bicycle Parking Requirements....56
Bicycle Parking Dimensions and Design....57
Contents
BYLAW NO. 3652, 2026
Being a bylaw to regulate zoning
within the City of Nelson
City of Nelson Zoning Bylaw No. 3652, 2026
3
Part 8: Landscaping Requirements.............58
General Landscaping Requirements.........59
Landscape Plans........................................59
Minimum Landscape Area and Tree
Requirements.......................................61
Landscape Security....................................62
Part 9: Establishment Of Zones..................64
Zone Boundaries........................................66
Part 10: Residential Zones..........................67
1. R1 Small-Scale Residential Zone............68
2. R2 Multi-Unit Residential Zone.............70
3. R3 Multi-Unit Residential
(Lower Uphill) Zone...............................72
4. R4 Multi-Unit Residential Zone.............74
5. R5 Small-Scale and Multi-Unit Residential
(Manufactured Home Parks) Zone.......76
6. GP1 Granite Pointe Redevelopment
Zone......................................................78
Part 11: Mixed-Use Zones..........................80
1. N1 Neighbourhood Mixed-Use Zone....81
2. MU1 Mixed-Use Residential Zone.........83
3. MU2 Mixed-Use Residential (Waterfront
Tourist Commercial) Zone.....................85
4. MU3 Mixed-Use Residential
(Waterfront) Zone.................................87
5. MU4 Mixed-Use Residential
(Railtown) Zone.....................................90
Part 12: Commercial Zones.........................93
1. C1 Mixed-Use Core Zone.......................94
2. C2 Mixed-Use Core (Downtown
Interface) Zone......................................97
3. C3 Mixed-Use Core (City Hall) Zone....100
4. C4 Mixed-Use Core (Railtown) Zone...103
5. HC1 Highway Commercial Zone..........106
Part 13: Industrial Zones..........................109
1. M1 Mixed-Use Commercial-Industrial
Zone....................................................110
2. M2 Mixed-Use Commercial-Industrial
(Railtown) Zone...................................112
3. M3 Mixed-Use Commercial-Industrial
(Waterfront) Zone...............................114
4. T1 Transportation Zone.......................116
Part 14: Institutional Zones...................... 118
1. I1 Institutional Zone.............................119
2. I2 Institutional (Neighbourhood) Zone..121
3. I3 Institutional (Medical) Zone............123
4. P1 Park and Green Space Zone............125
5. P2 Water Use Zone..............................126
6. P3 Public Utility Lands Zone................127
Part 15: Comprehensive Development (Cd)
Zone........................................................128
1. Establishment of CD Zones..................129
2. CD1 Mixed-Use Core Zone..................130
3. CD2 Mixed-Use Residential Zone........132
4. CD3 Mixed-Use Residential Zone........134
5. CD4 Mixed-Use Residential Zone........136
6. CD5 Small-Scale Residential Zone.......147
7. CD6 Mixed-Use Residential Zone.........150
8. CD7 Multi-Unit Residential Zone.........152
9. CD8 Mixed-Use Core Zone..................154
Part 16: Title and Effective Date............... 156
Schedule A: Zoning Map........................... 157
Schedule B: Cannabis Zoning Map............158
Schedule C: Downtown Parking Area Map.. 159
Schedule D: Prohibited Plant List:
Known Invasive Species...........................160
Appendix A: Diagrams..............................164
Figure 1: Building Height.........................165
Figure 2: Lot Coverage.............................166
Figure 3: Siting Exemptions.....................167
Figure 4: Obstruction of Vision: Sight
Triangle................................................167
Figure 5: Fence Height.............................168
Figure 6: Bike Parking..............................169
Figure 7: Tree Caliper...............................169
City of Nelson Zoning Bylaw No. 3652, 2026
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WHEREAS Council wishes to exercise its authority under the Local Government
Act and the Community Charter to enact bylaws respecting land use and related
development matters;
NOW THEREFORE the Council of the Corporation of the City of Nelson, in open
meeting assembled, enacts as follows:
Part 1: Interpretation
Part 1:
Interpretation
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
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Application
1. This bylaw is applicable to all land, surface of water, and any building or other
structure within the boundaries of the City of Nelson.
2. The schedules attached to this bylaw form part of this bylaw.
3. No land, building, structure or surface of water shall be used or occupied, and no
building or structure or part thereof shall be erected, constructed, reconstructed,
moved or structurally altered except in conformity with this bylaw.
a. Despite section 3, this bylaw does not apply to temporary buildings or
temporary structures which are incidental to the erection, maintenance,
alteration, or sales of a building or structure for which a building or
development permit has been issued, provided that they are removed
within 30 days of project completion or one year following the issuance of
a building permit, whichever is earliest.
4. Except for legal non-conforming uses or developments approved by a
development variance permit, a Board of Variance order, a temporary use
permit or another agreement or permit as authorized by the Community
Charter or the Local Government Act, all uses, buildings, and structures in
each zone shall be in accordance with the uses listed in the zone and all
applicable regulations and requirements of this bylaw.
5. A use of land, a building or a structure shall not be changed except when the
new use is permissible within the zone where such lot, building or structure
is located.
6. An accessory use is only permitted on a lot if a permitted use is lawfully
established and ongoing in accordance with the general regulations
applicable to the use, as identified in this bylaw.
7. Any lot which is shown on a plan duly filed in the Land Title Office that has
less than the minimum lot area or lot width required by this bylaw may be
developed for any of the permitted uses of that zone, provided that all other
requirements of this bylaw can be met.
Rezoning Applications
8. Any person applying to have any provision of this bylaw amended shall apply
in writing by submitting an application in the form and manner prescribed in
Development Applications Procedures Bylaw No. 3526, 2022.
City of Nelson Zoning Bylaw No. 3652, 2026
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Compliance with Other Legislation
9. Nothing contained in this bylaw will relieve any person from the responsibility
to seek and comply with all other municipal bylaws and provincial and federal
legislation applicable to that use, structure, activity or other matter regulated
under this bylaw.
Severability
10. If any section, subsection, sentence, clause of phrase of this bylaw is for
any reason held to be invalid by the decision of any court of competent
jurisdiction, the invalid portion shall be severed and the decision that is
invalid shall not affect the validity of the remainder.
Repeal
11. The following bylaws are hereby repealed and any reference to them in any
bylaw or policy of the City of Nelson shall be deemed to now make reference
to this bylaw:
a. Corporation of the City of Nelson Zoning Bylaw No. 3199, 2013, including
all amendments thereto;
b. Corporation of the City of Nelson Off-Street Parking and Landscape Bylaw
No. 3274, 2013, including all amendments thereto; and
c. Corporation of the City of Nelson Mobile Home Parks Bylaw No. 1751,
1977, including all amendments thereto.
Rules of Interpretation
12. All measurements in this bylaw are expressed in metric units.
13. When the calculation of dwelling units for residential density results in a
fractional figure, the figure shall be rounded down and the whole number
shall be used.
14. Any enactments referred to in this bylaw are a reference to an enactment of
British Columbia and regulations thereto, as amended, revised, consolidated,
or replaced from time to time, and any bylaw referred to in this bylaw is a
reference to an enactment of the Council of the City of Nelson, as amended,
revised, consolidated, or replaced from time to time.
City of Nelson Zoning Bylaw No. 3652, 2026
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15. A reference to the abbreviated name of a zone shall be equivalent to the
zone's full name.
16. Words used in the present tense include the other tenses and derivative
forms; words used in the singular include the plural and vice versa; and the
word 'person' includes a corporation, firm, partnership, trust, and other
similar entities as well as an individual.
17. Words have the same meaning whether they are capitalized or not.
18. The phrase "used for" includes the following meanings: "arranged for",
"designed for", "maintained for", and "occupied for".
19. In the case of any conflict between the text of this bylaw and any maps,
photos, diagrams, or drawings used to illustrate any aspect of this bylaw, the
text takes precedence.
20. Headings for each section of this bylaw are intended to organize the content
and are to be used for reference purposes only.
21. In the case of any conflict between a number written in numerals and a
number written in letters, the number written in numerals takes precedence.
22. Typical uses listed as examples in the definitions of this bylaw are not
intended to be exclusive or restrictive.
23. Where a specific use generally conforms to the wording of two or more
definitions, the use shall be deemed to conform to and included in that use
which is most comparable in character, purpose, and intensity.
City of Nelson Zoning Bylaw No. 3652, 2026
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Definitions
24. Terms not defined in this bylaw but used or defined in other bylaws of the
City or in applicable statutes shall have the same meaning as defined therein.
25. Words, phrases, and terms neither defined in this bylaw nor in the Local
Government Act, Community Charter or the Interpretation Act shall be given
their usual and customary meaning for the purpose of interpreting this bylaw.
26. The following words, terms, and phrases, wherever they occur in this bylaw,
shall have the meaning assigned to them as follows:
"Above-Garage Suite" means a laneway
house that contains a minimum of one
off-street parking space, in the form of a
garage or carport, within its building footprint.
Land use type: residential use
"Accessible Vehicle Parking" means an
off-street parking space reserved for the
exclusive use of persons with a valid disability
parking permit.
"Accessory" or "Accessory To" means
customarily incidental to the permitted use of
land, buildings, or structures located on the
same lot or site.
"Accessory Building" means a building or
structure which is accessory, incidental,
subordinate to, and located on the same
lot or site as a permitted use. Typical uses
include garage, carport, and greenhouses, but
not a laneway house unless it is a permitted
use in the zone.
"Accessory Use" means a use which is
accessory, incidental, subordinate to, and
located on the same lot or site as a permitted
use. Parking may be an accessory use when it
serves the permitted use and does not serve
uses on other sites. Uses that are always
accessory include "Home Occupation" and
"Short-Term Rental", as well as amenity areas
in residential developments that are devoted
to the exclusive use of residents living on the
same site.
"Alternative Fuel Infrastructure" means any
one of the following: (a) one or more Level-3
(DC fast charger) electric vehicle charging
stations; and/or (b) one or more hydrogen
vehicle refueling stations.
"Amenity Areas" means the part of a
multi-unit residential building or lot intended
for the indoor or outdoor recreational use
of the occupants, either for common use
or individual dwelling unit use, exclusive of
the areas occupied by entrance hallways,
driveways, parking areas, dwelling units, and
storage areas.
"Animal Daycare" means the business of caring
for household pets during the day and which
may include grooming as an accessory use.
Land use type: commercial use
"Aquatic Land" means the foreshore and/or
land covered by water.
"Architect" means a person registered as
such by the Architectural Institute of British
Columbia.
City of Nelson Zoning Bylaw No. 3652, 2026
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"Art Gallery and Museum" means the
premises used for the exhibition or creation
of works of art, and which may include
the collection or preservation of works of
art, primarily for the recreation or cultural
education of the public.
Land use type: institutional use
"Average Finished Grade" means the average
of the final ground surface after development.
When calculating the average finished grade,
a berm, retaining wall, window well, steps, or
other artificial feature intended to raise the
grade can be excluded from the calculation.
"Bicycle Parking,
Long-Term" means a secure, weather-
protected bicycle parking room used to
accommodate long-term bicycle parking
or storage indoors for many hours or
days at a time, such as for residents or
employees.
Short-Term" means a short-term visitor
bicycle parking facility, such as a bicycle
rack, that offers basic security and may be
partially protected from the weather.
"Bicycle Rack" means a unit with one or
more bicycle-supporting elements joined on
a common base or arranged in a regular array
and fastened to a common mounting surface
designed to have bicycles of various types and
sizes locked to them.
"Broadcasting Studios" means a use consisting
of the production and/or broadcasting of audio
and visual programming typically associated
with radio, television, internet, podcasting, and
motion picture studios.
Land use type: commercial use
"Building" means any structure used or
intended for supporting or sheltering any use
or occupancy.
"Building Footprint" means the total
projected horizontal area of a building as
measured from the perimeter of a building,
including garages and carports but not
including eaves, open air porches, balconies,
open air decks, or exterior stairways.
"Building Official" means the person
designated or appointed to that position by
the City, and includes a building inspector,
plan checker, plumbing inspector designated
or appointed by the City.
"Building Supply" means a use in which
building, construction or home improvement
materials are offered or kept for sale at retail
and may include the fabrication of certain
materials related to home improvement, and
may include garden centres as an accessory use.
Land use type: commercial use
"Bylaw Enforcement Officer" means any
person designated in or appointed to that
position by the City under Bylaw Notice
Enforcement Bylaw No. 3195, 2011.
"Caliper" means the trunk diameter of a tree
measured at a point 300 mm above the top of
the root ball.
See Tree Caliper diagram.
"Campground" means the temporary
accommodation (maximum six months)
of travellers using tents, travel trailers,
tent trailers or recreational vehicles and
specifically excludes manufactured home
parks and tourist accommodation, and may
include a campground office, retail (minor),
and laundry and amenity areas.
Land use type: institutional use
City of Nelson Zoning Bylaw No. 3652, 2026
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"Cannabis" is as defined in the Cannabis
Act and includes any product containing
cannabis.
"Cannabis Micro-Processing" means the
packaging and micro-processing of cannabis
as licensed under the Cannabis Act, but
excludes Cannabis Operation and Cannabis
Retail Store.
Land use type: industrial use
"Cannabis Operation" means the cultivating,
growing, producing, packaging, storing,
distributing, dispensing, advertising, trading,
consumption, or selling of cannabis or its
derivatives but excludes Cannabis Retail Store.
Land use type: industrial use
"Cannabis Retail Store" means a retail
establishment licensed under provincial
authority for the sale of cannabis for
consumption off-premises.
Land use type: commercial use
"Carport" means a roofed structure, whether
freestanding or attached to a principal
building, which is not enclosed on the front
and at least one side, used by the building
occupants to shelter parked vehicles.
"Carshare" means a system of sharing
vehicles that allows for a membership-based
service available to all qualified drivers. A
carshare operation enables member access
to a dispersed network of shared vehicles
24-hours, 7-days-a-week at unattended
self-service locations. No separate written
agreement is required each time a member
reserves and uses a vehicle.
"Car Wash" means a facility used primarily for
the cleaning of vehicles.
Land use type: commercial use
"Care Services" means a use providing for
the care of people, other than a hospital,
and includes assisted living units, nursing
homes, supportive housing, and group homes
pursuant to the Community Care and Assisted
Living Act or any subsequent act which may
be enacted in substitution therefore and
other provincial legislation as applicable.
Land use type: institutional use
"Cemetery" means those areas of land that
are set aside for the burial of human remains.
Typical uses are memorial parks and burial
grounds, including crematoriums.
Land use type: institutional use
"Cheque Cashing and Payday Loan Store"
means the use of a premises for the business
of cashing cheques or negotiable instruments
for a fee charged or chargeable to the
payee of the cheque or the payee's agent
and/or where payday loans are advertised,
negotiated or dispensed, regardless of
whether the provisions of the Business
Practices and Consumer Protection (Payday
Loans) Amendment Act apply to the business.
Land use type: commercial use
"Child Care Facility" means a facility
providing group child care, family child care,
childminding, out-of-school care, or specialized
child care in accordance with the provisions of
the Community Care and Assisted Living Act or
any subsequent act which may be enacted in
substitution therefor.
Land use type: institutional use, except it
shall be considered as a residential use in any
R-series zone
"City" means the Corporation of the City of
Nelson.
City of Nelson Zoning Bylaw No. 3652, 2026
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"City Engineer" means the person appointed
as such by the City and any person appointed
or designated by them to act on their behalf.
"Commercial School" means a school used for
training, instruction, and or certification in a
specific trade, skill, or service for the financial
gain of the individual or company owning
the school. Typical uses include secretarial,
business, hairdressing, beauty, art, dance,
language, and music schools.
Land use type: commercial use
"Commercial Storage" means a self-contained
building or group of buildings containing
lockers available for rent for the storage of
personal goods or a facility used exclusively to
store bulk goods of a non-hazardous nature.
The use does not include unenclosed storage
of goods or materials.
Land use type: commercial use
"Community Garden" means a garden in
which shared plots are available to members
of the public on a not-for-profit basis, and
which support demonstration gardening,
instructional programming, and the
production of produce for personal use and
not-for-profit organization consumption.
Land use type: institutional use
"Contractor Services, General" means a use
providing for building and road construction
services including landscaping, concrete,
electrical, excavation, drilling, heating, and
plumbing or similar services of a construction
nature which requires on-site storage and
warehouse space. Any sales, display, office or
technical support service areas shall only be
permitted as an accessory use.
Land use type: commercial use
"Contractor Services, Limited" means a use
providing for electrical, plumbing, heating,
painting, glass, surveying, engineering, or
similar contractor services and the accessory
sale of goods normally associated with the
contractor services, where all materials are
kept within an enclosed building, and there
are no accessory manufacturing activities.
Land use type: commercial use
"Cooking Facilities" means a room or area
containing at a minimum a sink, fridge, and stove.
"Council" means the Council of the City of
Nelson.
"Craft Brewery/Distillery" means the brewing
or distilling of alcoholic beverages or alcoholic
products with alcoholic content exceeding 1% by
volume. This production must be licensed by the
Liquor Control Licensing Act. The public tasting
and retail sale of alcoholic product is limited to
that which is produced on-site. All processes,
functions, and mechanical equipment associated
with the use must be contained indoors and
are limited to production activities which are
not deemed to be noxious or offensive to
adjacent properties or the general public.
Land use type: commercial use
"Custom Indoor Manufacturing" means
a use providing for small-scale on-site
indoor production of goods by hand and
manufacturing primarily involving the use
of hand tools. Typical uses include toy and
musical instrument manufacturing, specialty
food and beverage products, blacksmiths, artist
studio, pottery studios, woodworking, textiles,
prototypes and product design, innovation,
and incubation spaces. May include accessory
retail sales, educational programming, product
sampling, indoor or outdoor seating, but
excludes cannabis and alcohol.
Land use type: commercial use
City of Nelson Zoning Bylaw No. 3652, 2026
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"Density" means a measure of the intensity of
development on a lot, such as the minimum
or maximum number of dwelling units.
"Dental Services" means a use where one or
more dental practitioners provides services,
notably for the diagnosis, treatment, and
prevention of human dental disease or injury.
"Derelict Vehicle" means a motor vehicle
without a license under the Motor Vehicle
Act for a period of more than one year and is
not housed in a garage or carport, and which
is intended to be self-propelled but is not
capable of moving under its own power. This
definition shall not include a vehicle deemed
to be a collector item outlined in the list of cars
recognized by the Vintage Car Club of Canada.
"Director" means Director of Development
Services.
"Director of Development Services" means
the person appointed as such by the City and
any person appointed or designated by the
Director to act on their behalf.
"Dock, Public" means a structure available
for use by the general public or a non-profit
society that is permanently affixed to or
floating above aquatic land. This use also
includes boat launches available for use by
the general public.
Land use type: institutional use
"Drive-Thru Business" means a business
or part of a business where food, goods or
services are provided directly to customers
in vehicles, often using designated lanes,
windows, or automated system..
Land use type: commercial use, industrial use,
institutional use
"Dwelling Unit" means one or more rooms
used for the residential accommodation of
one or more persons as an independent
and separate residence containing cooking
facilities, living, sleeping, sanitary facilities,
and a separate entrance to the outside
or through common-property, such as
a Multi-Unit Residential hallway, but
specifically excludes a recreational vehicle
and tourist accommodation.
Land use type: residential use
"Early Childhood Development Centre"
means a use providing community services
for children and includes parent support
programs such as workshops or support
groups, parent-child literacy programs, toy
lending library and childminding services.
Land use type: institutional use
"Eave" means that portion of the roof
structure projecting beyond the outside wall
or supports not intended for occupancy.
"Electric Vehicle Energy Management
System" means a system used to control
electric vehicle supply equipment electrical
loads through the process of connecting,
disconnecting, increasing, or reducing electric
power to the loads and consisting of one
or more of any of the following: monitor,
communications equipment, controller, timer,
and other applicable device.
"Electric Vehicle Supply Equipment" means a
complete assembly consisting of conductors,
connectors, devices, apparatus, and fittings
installed specifically for the purpose of power
transfer and information exchange between a
branch electric circuit and an electric vehicle.
City of Nelson Zoning Bylaw No. 3652, 2026
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"Entertainment Facility" means the use of
a building for assembly and entertainment
including auditoriums, billiard halls, bowling
alleys, dance halls, karaoke, night clubs,
theatres, and cinemas.
Land use type: commercial use
"Extended Medical Treatment Services"
means a facility providing room, board, and
surgical or other medical treatment for the
sick, injured or infirm including out-patient
services and accessory staff residences. Typical
uses include nursing homes with health care
for dependent residents and hospices.
Land use type: institutional use
"Fence" means a barrier or other such
structure enclosing, bordering or dividing a lot.
"Financial Services" means the provision of
financial and investment services by a bank,
trust company, investment dealer, credit
union, mortgage broker, insurance company
or related business, but excludes Cheque
Cashing and Payday Loan Store.
Land use type: commercial use
"Fire Chief" means the person appointed as
such by the City and any person appointed
or designated by the Fire Chief to act on
their behalf.
"Funeral Home" means an establishment with
facilities for the preparation of the dead for
burial, for viewing of bodies, and for funerals.
Land use type: commercial use
"Garage" means any totally enclosed and
roofed building, or part thereof, designed for
the parking or storage of one or more vehicles.
"Geodetic Height" means the height in
metres above sea level.
"Green Roof" means a planted area on a
building's roof, featuring live vegetation
throughout the regular growing season
across the entire surface of the green roof
and a growing medium over a waterproof
membrane, designed to manage stormwater
and mitigate the heat island effect. Planters,
container gardens, and similar are not
considered to constitute a green roof.
"Gross Floor Area" means the total gross floor
area of each individual floor measured from the
perimeter of a building, excluding the following:
crawl spaces, sundecks, carports, and garages.
"Guest Home" means a dwelling unit used in
its entirety for Short-Term Rental.
Land use type: residential use
"Guest Room" means a habitable room used for
Short-Term Rental including, but not limited to, a
bedroom, living room, or dining room advertised
for the exclusive use by the Short-Term Rental
guests, and that does not contain cooking
facilities nor stove-like hot plates.
Land use type: residential use
"Guest Suite" means a secondary suite or
laneway house used for Short-Term Rental.
Land use type: residential use
"Health Services" means uses providing for
physical and mental health services on an
out-patient basis. It includes medical clinics
and offices, health clinics and counselling
services, and may include dispensing and
accessory retail sales or prescriptions and
medications, and other types of health
services goods and equipment, but excludes
dental services.
Land use type: institutional use
City of Nelson Zoning Bylaw No. 3652, 2026
15
"Height", in relation to buildings and structures
other than fences and retaining walls, means
the maximum vertical distance between:
- the highest point of a building with a
non-sloping roof, or the mid-point of a
sloping roof; and
- the average finished grade level at the
base of the outside walls around the
building (excluding window wells and
access stairwells).
When ground-oriented residential
development is configured so that primary
dwelling units are side-by-side, such as
townhouses or a front-back duplex (but
excluding apartment buildings), height is
measured per dwelling unit.
See building height diagram.
"Home Occupation" means a commercial
use carried out in a dwelling unit by its
occupant(s) and which is accessory to the
residential use. Home Occupation excludes
Short-Term Rental; Tourist Accommodation;
any commercial use involving vehicles
including but not limited to Mechanical
Repair, Sales, and Service and Car Wash; and
any industrial use.
Land use type: residential use
"Hospital" means a facility authorized
under the Hospital Act for the reception and
treatment of persons suffering from physical
or mental illness or disability. The operation
of private medical practices is permitted as an
accessory use.
Land use type: institutional use
"Indoor Urban Agriculture" means the indoor
production of plants or fungi for wholesale
or retail sale including, but not limited to,
mushrooms, sprouts, vegetables, and herbs,
but excludes the cultivation of cannabis
and any activity that emits hazards or light
pollution.
Land use type: commercial use
"Industrial-Scale Computing" means the
use of premises for the purpose of housing
computer systems that collect, maintain,
store, and/or process data for profit,
exceeding an electricity consumption of 9
megawatt-hours per month. Typical uses
include blockchain/cryptocurrency mining and
data centres.
Land use type: industrial use
"Industry, Heavy" means a use engaged in
the storage, processing or manufacturing of
materials or products predominantly from
extracted, bulk, or raw materials, or a use
engaged in the storage of, or manufacturing
processes using, flammable, or explosive
materials, or storage or manufacturing
processes that potentially involve hazardous
or commonly recognized offensive conditions
but specifically excluding the storage,
processing or handling of special wastes.
Land use type: industrial use
"Industry, Light" means a use engaged in the
manufacture, predominantly from previously
prepared materials, of finished projects or
parts; including the processing, fabrication,
assembly, packaging, incidental storage and
wholesale distribution of such products, but
excluding heavy industry. Typical uses include
brewery uses.
Land use type: industrial use
"Landscape Architect" means a person
registered as such by the British Columbia
Society of Landscape Architects.
"Landscape Area" means a portion of a lot
which contains landscaping.
City of Nelson Zoning Bylaw No. 3652, 2026
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"Landscape Plan" means a plan for
landscaping submitted at the time of
development permit or building permit
application, whichever comes first.
"Landscaping" means modification and
enhancement of a lot through the use of any
of the following elements:
- soft landscaping consisting of vegetation
such as trees, shrubs, hedges, grass and
ground cover;
- hard landscaping consisting of
non-vegetative materials such as brick,
stone, concrete, tile and wood, but
excluding monolithic concrete and
asphalt in the form or walkways, paths
and parking lots.
"Lane" means a public thoroughfare which
affords only a secondary means of vehicular
access to a lot, at the side or rear thereof,
with a road allowance of more than 2 m but
less than 10 m in width.
"Laneway House" means a detached
accessory building used as a dwelling unit.
Land use type: residential use
"Level 2 Charging" means an energized outlet
installed adjacent to an off-street parking
space for the purpose of charging electric
vehicles and is capable of supporting Level
2 charging as defined by SAE International's
J1772 standard and includes variable rate
charging that is controlled by an electric
vehicle energy management system.
"Liquor Primary Establishment" means an
establishment licensed by the BC Liquor
Control and Licensing Branch where the
service of liquor, as opposed to food, is the
primary focus of the business.
Land use type: commercial use
"Live/Work" means a dwelling unit,
part of which may be used as a business
establishment and another part of which
constitutes the principal residence of the
business operator. Examples of business
establishments in Live/Work units typically
include artist studios, high-tech businesses,
offices, personal and professional services,
and the making, processing, or assembling of
a product on a small scale.
Land use type: residential use
"Loading Space" means an off-street, open
area used to provide access for vehicles to a
loading door, platform or bay for the purpose
of loading and unloading.
"Lot" means an area of land registered as a
separate parcel in the Land Title Office. In
the case of strata lots, the lot from which the
strata plan is derived constitutes the lot.
"Lot Coverage" means the sum of the
total horizontal area as measured from the
outermost perimeter of all buildings and
structures over 0.6 m above average finished
grade (including stairs, porches, balconies,
decks, breezeways, and any covered exterior
open space) or part thereof on the lot,
expressed as a percentage of the total lot
area. See lot coverage diagram.
"Lot Lines" refers to any of types of lot lines
defined in this bylaw: front lot line, rear lot line,
"Lot Line, Exterior Side" or "Exterior Side Lot
Line" means the lot line(s) not being the front or
rear lot line, common to the lot and a street.
"Lot Line, Front" or "Front Lot Line" means:
i. the lot line common to the lot and an
abutting street, or
ii. where there is more than one lot
City of Nelson Zoning Bylaw No. 3652, 2026
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line common to abutting streets,
the shortest of these lines shall be
considered as the front lot line, or
iii. the lot line common to the lot and
an abutting lane, where there is no
abutting street, or
iv. in the case of a lot abutting two parallel
or approximately parallel streets, the
lot lines abutting these two streets
shall be considered as front lot lines.
"Lot Line, Interior Side" or "Interior Side Lot
Line" means the lot line(s), not being the
front or rear lot line, common to more than
one lot or to the lot and a lane.
"Lot Line, Rear" or "Rear Lot Line" means
the lot line opposite to and most distant from
the front lot line, or, where the rear portion
of the lot is bounded by intersecting side lot
lines, the rear lot line shall be deemed to be
the point of such intersection.
"Lot, Strata" means a lot shown on a strata
plan according to the Strata Property Act.
"Lot Width" means the distance between
side lot lines (meaning the interior side lot
lines and/or the exterior side lot lines), as
measured at the front building setback line.
"Manufactured Home" means a dwelling
unit that is manufactured and assembled in
a factory to Canadian Standards Association
Z-240 MH Standard and which is, upon its
arrival at the lot where it is to be located,
ready for occupancy except for incidental
building operations such as placement on a
foundation and connection to utilities.
"Manufactured Home Park" means a lot on
which two or more manufactured homes are
or are intended to be situated.
Land use type: residential use
"Manufactured Home Space" means an
area set aside and designated within a
manufactured home park for the installation
and placement of one manufactured home,
including access to an internal road and
space for the exclusive use by the owner or
occupant of that manufactured home.
"Market" means an indoor or outdoor venue
where individual merchants sell produce,
food, and other goods and crafts that they
make, bake, grow or raise in a community
festival environment. Typical uses include
food vendors, produce sales, artists,
woodworkers, photographers, craft sales,
baked goods sales, and makers of health and
beauty products.
Land use type: institutional use
"Marina" means the use of land or surface of
water for the sale or rental of boats, marine
engines, marine supplies, and/or docking
facilities for the use of recreational motor
vessels and tour vessels. It includes related
accessory retail sales but excludes refueling.
Land use type: commercial use
"Mechanical Repair and Service" means
a building or part thereof where facilities
are provided for the repair and service of
motor vehicles, boats or other mechanical
equipment, and includes accessory retail sales.
Land use type: commercial use
"Mechanical Repair, Service and Sales" means
a building or part thereof where facilities are
provided for the repair, servicing or sale of
motor vehicles, boats or other mechanical
equipment, or open space provided for the
sale of motor vehicles or boats.
Land use type: commercial use
City of Nelson Zoning Bylaw No. 3652, 2026
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"Mid-Point of a Sloping Roof" means the
halfway point of a roof that falls between
the top of the highest peak and the top of its
supporting wall. See building height diagram.
"Mobile Vendor" means a vehicle, trailer
or mobile vending apparatus that does not
require a building permit and that is used for
the purpose of retailing goods or prepared
food and beverages in an outdoor setting to
passers-by.
Land use type: commercial use
"Multi-Unit Residential" means a use
consisting of five or more dwelling units on
a lot, which may have shared or separate
entrances and may include accessory
amenities and non-commercial services for
the residents of the lot.
Land use type: residential use
"Municipal Airport" means any area
designed, prepared, equipped or set aside for
the arrival, departure, movement or servicing
of aircraft; and includes any associated
buildings, installations, open space, and
equipment. This also includes aircraft and
airport-related manufacturing and services.
Land use type: institutional use
"Natural Resource Development" means
development for the on-site removal,
extraction, and primary processing of raw
materials found on or under the site, or
accessible from the lot. Typical uses include
gravel pits, sandpits, clay pits, and stripping
of topsoil. This includes the processing of raw
materials transported to the lot.
Land use type: industrial use
"Neighbourhood Pub" means the serving
and consumption of alcoholic and other
beverages, and includes the accessory serving
of food in a neighbourhood-oriented facility.
Land use type: commercial use
"Non-Market Affordable Housing" means a
small-scale residential or multi-unit residential
use that meets both of the following criteria:
- Receives a majority of its capital
funding or financing from a government
housing organization, including BC
Housing, Canada Mortgage and Housing
Corporation (CMHC), Columbia Basin
Trust and/or an Indigenous Governing
Body; and
- When resident households' expenses
for rent, lease, or mortgage are capped,
typically, at 30% or less of their pre-tax
income.
Land use type: residential use
"Nursery" means the use of lands principally
for agriculture and horticulture, and may
include the production and sale of plants and
produce grown on-site and the accessory sale
of garden supplies.
Land use type: commercial use
"Official Community Plan" refers to Official
Community Plan Bylaw No. 3625, 2025, as
amended, revised, consolidated, or replaced
from time to time.
"Off-Street Parking Space" means a space
reserved for the parking of one motor vehicle
but does not include aisle space for access
and manoeuvring of motor vehicles.
"Panhandle Lot" means any lot which gains
street frontage through the use of a narrow
strip of land which is an integral part of the
said lot (hereinafter called the "access strip").
City of Nelson Zoning Bylaw No. 3652, 2026
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"Parking Lot" means a lot where the principal
use is to provide off-street parking spaces.
The use may include structures such as a
multi-level parkade.
Land use type: commercial use
"Participant Recreation Services, Indoor"
means facilities within an enclosed building
for sports, active recreation, and performing
and cultural arts where patrons are
predominantly participants. It can include
accessory uses such as concessions and
equipment rental or sale. Typical uses include
athletic clubs, health and fitness clubs
(including pilates, yoga, etc.), dance studios,
swimming pools, arenas, sports fields,
bowling alleys, and racquet clubs.
Land use type: commercial use
"Participant Recreation Services, Outdoor"
means facilities which are available for sports
and active recreation conducted outdoors and
includes accessory uses such as concessions
and equipment rental or sale. Typical uses
include golf courses, ball fields, pools, skate
parks, bike parks, soccer fields, public parks
and open space, beaches, and picnic areas.
Land use type: institutional use
"Permeable Surface" means any surface
that allows precipitation or surface water to
penetrate directly into the underlying soil
and may include one or a combination of
the following:
a. live plant material;
b. lawn (grass); or
c. decorative hard surfacing with
permeable elements, such as gravel,
river rock less than 5 cm in size, wood
chips, bark mulch with no associated
layer of impermeable material (such
as plastic sheeting) that would impede
the movement of water directly into
the soil below.
Green roofs shall also be considered as
a permeable surface for the purposes of
this bylaw. Only the surface containing a
growing medium and live vegetation shall
be counted towards the calculation of a
lot's permeable surface.
"Permitted Use" means a use of a lot that
is expressly permitted by this bylaw for the
zone in which the lot is located, and is not an
accessory use.
"Personal Service Establishment" means
uses which provide personal services to an
individual which are related to the care and
appearance of the body or the cleaning and
repair of personal effects and can include the
accessory sale of goods. Typical uses include
hair salons, barbershops, aestheticians, spas,
shoe repair shops, watch repair shops, tailors,
dressmakers, dry cleaners, and laundries.
Land use type: commercial use
"Pocket Neighbourhood" means the
construction of more than one single-
detached or duplex dwelling unit on a lot
whereby the dwellings are concentrated to
provide a shared open space.
Land use type: residential use
"Portable Vehicle Shelter" means a
pre-manufactured or custom-built structure
consisting of wood, tubular metal or
tubular plastic frame covered with fabric,
reinforced plastic, canvas, vinyl or similar
material, designed to be easily assembled
and dismantled or removed and intended for
temporary storage purposes or vehicle storage.
"Principal Building" means the main building on
a lot in which the majority of the floor space
is used as for one or more permitted uses.
City of Nelson Zoning Bylaw No. 3652, 2026
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"Printing and Publishing Establishment"
means a facility that publishes and prints
newspapers, magazines, periodicals, books,
almanacs, maps, guidelines, pamphlets, flyers
or similar matter. The use includes book
binding and associated binding operations as
allied to the printing or publishing industries.
Land use type: commercial use
"Professional and Business Offices" means
a building or part thereof, primarily used for
the practice of a profession, the carrying on
of a business in an office setting, or where
not conducted on the site thereof, the
administration of an industry, but shall not
include any industrial use, public assembly or
any use involving the handling of goods.
Land use type: commercial use
"Professional Engineer" means a person
registered under the Engineers and
Geoscientists Act.
"Public Administration" means the use of a
building used by municipal, regional, provincial
or federal government or an Indigenous
Governing Body that provides direct services to
the public and/or offices for administration.
Land use type: institutional use
"Public Assembly" means the use of
a building, with no ongoing overnight
accommodation use, where persons gather
periodically for public, cultural, religious,
philanthropic or entertainment purposes,
such as meeting halls or other community
gathering sites, theatres, churches or other
religious gathering sites, and fraternal lodges.
Land use type: institutional use
"Public Park" means any public outdoor land
specifically for passive or active recreation
including tot-lots, playgrounds, playing
fields, walkways, trails, environmentally
sensitive areas, band shells, landscaping,
forest reserve, wildlife sanctuary, greenbelts,
conservation areas, buffers, nature
interpretation areas, and similar land uses,
as well as related accessory uses, buildings
or structures consistent with the general
purpose of public park land, such as accessory
concession stands.
Land use type: institutional use
"Public Utility" means privately- or
publicly-owned infrastructure, including
buildings, structures, and equipment,
providing for the essential and emergency
servicing of the region, such as electricity,
water, waste management, sanitary and
storm sewers, where such use is established
or authorized pursuant to legislative authority
by any governmental body.
Land use type: institutional use
"Purpose-Built Rental Housing" means a
multi-unit residential building, or portion
thereof, where dwelling units are held
in common ownership and are provided
primarily as long-term rental housing.
Purpose-Built Rental Housing does not
include: (a) strata units or other forms of
individual unit ownership; (b) dwelling units
legally restricted to short-term or temporary
accommodation; or (c) small-scale residential.
Land use type: residential use
"Railways and Rail Yard" means the use of
land for the purpose of rail transport; the
servicing, cleaning, and storage of railroad
cars or engines; and other related storage of
goods pending transport.
Land use type: industrial use
City of Nelson Zoning Bylaw No. 3652, 2026
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"Recorded" means that the City possesses
documentation on-file in its archives.
"Recreational Vehicle" means any camper,
vehicle, trailer, fifth wheel, coach, house, car,
structure or conveyance designed to travel or to
be transported on the highways and constructed
or equipped to be used as a temporary living
or sleeping quarter by travellers.
"Restaurant" means a building or premises
where food and beverages are sold to the
public for immediate consumption within or
on the premises or outside of the premises,
or delivered to other premises, and may
be licensed to serve beer, wine or spirits,
and includes coffee shops and take-out
establishments, but excludes a restaurant that
is a Drive-Thru Business.
Land use type: commercial use
"Retail (Major)" means the same use as
Retail (Minor), except that the gross floor
area is equal to or greater than 3,000 sq. m.
Land use type: commercial use
"Retail (Minor)" means premises, whose
gross floor area does not exceed 3,000 sq. m.,
where goods, merchandise and other materials
are sold or rented to the final consumer,
provided that the product may be stored and
sold from within the building, and includes
limited accessory on-site storage or limited
seasonal outdoor sales to support that store's
operations. It may include on-site consumption
of food or beverage, repair, limited on-site
processing or manufacturing of goods for
sale. Typical uses include grocery stores, food
and beverage service, jewellery, hardware,
pharmaceutical, retail liquor sales, clothing,
home furnishing, bakeries, meat markets, fish
markets, sporting goods stores, and accessory
automated teller machines (ATMs). It excludes
warehouse sales and the sale of gasoline or
other fossil fuels for motor vehicles, cannabis,
heavy agricultural and industrial equipment,
large-scale manufacturing, and large-scale
on-site processing, and retail stores requiring
outdoor storage.
Land use type: commercial use
"School" means a facility authorized under the
School Act, the College and Institute Act, the
University Act or the Independent School Act
for the teaching of people, including at primary,
elementary, secondary, college, and university
facilities. A school use may include dormitories.
Land use type: institutional use
"Setback" means the required minimum
distance between a building or structure and
each of the respective lot lines.
"Shared Parking Space" means an off-street
parking space that serves multiple users and
destinations.
"Service Station" means any building or
land used for the retail sale of motor fuels
and lubricants and may include automobile
diagnostic centres, the servicing and minor
repairing of motor vehicles, car wash facilities,
and the sale of automotive accessories.
Overtime, as Service Stations redevelop, they
shall also include Alternative Fuel Infrastructure,
as per the Electric Vehicle Infrastructure
requirements in Part 7 of this bylaw.
Land use type: commercial use
"Shipping Container" means a container
designed for storing and transporting cargo
via rail or truck, whether or not it is actually
being used for such a purpose, whether
in its original form or modified to include
doors, windows, vents or any other structural
modifications. A shipping container shall be
considered to be a building.
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"Shopping Centre (Major)" means one or
more buildings containing retail stores, or
a mix of retail stores and other commercial
uses permitted in the zone, that are planned,
constructed, and managed as a total entity.
Shopping Centres generally, but do not
necessarily, consist of several retail stores that
share common services, parking, and other
facilities. Bus terminals are permitted.
Land use type: commercial use
"Shopping Centre (Minor)" means a building
not exceeding a gross floor area of 3,000 sq.
m. containing retail stores, or a mix of retail
stores and other commercial uses permitted in
the zone, that are planned, constructed, and
managed as a total entity. Shopping Centres
generally, but do not necessarily, consist
of several retail stores that share common
services, parking, and other facilities.
Land use type: commercial use
"Short-Term Rental" means a Guest Home,
a Guest Suite, Guest Rooms, or part thereof
in a residential use wherein accommodation
is offered for rent, or rented, to the travelling
public on a temporary basis (31 days or less).
Land use type: residential use
"Small-Scale Residential" means a use
consisting of a maximum of four dwelling
units on a lot, each of which is ground-
oriented with an individual exterior entrance
at-grade (except that a secondary suite may
have a shared or interior entrance).
Land use type: residential use
"Social Services Centre" means the use
of premises for the purpose of providing
information, referral, counselling, advocacy;
services; dispensing aid in the nature of food
or clothing; emergency overnight shelter;
low-barrier housing; and/or providing drop-in
or activity space.
Land use type: institutional use
"Storefront" means the facade and entryway
of a business and may include one or more
display windows.
"Storey" that portion of a building which is
situated between a floor and the top of the
floor above it, and if there is no floor above it,
that portion between the top of such floor and
the ceiling above it. Any portion of a building
having its ceiling level one metre or less above
average finished grade will not be counted as
storey. Mezzanines do not count as a storey.
"Street" means any highway, road, boulevard,
square or other improved thoroughfare 10 m
or more in width, which has been dedicated
or deeded for public use, and is accessible to
fire department vehicles and equipment.
"Structure" means any construction fixed
to, supported by, or sunk into land or water,
and excludes concrete and asphalt paving or
similar surfacing of a lot.
"Tandem Parking" means two or more
off-street parking spaces, one behind the
other, with a common or shared point of
access to a maneuvering aisle, lane, or street.
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"Temporary Building" means a building or
structure placed on a lot for a limited period
of time, at the end of such time the building
is removed from the lot, but does not include
a Portable Vehicle Shelter, a recreational
vehicle, nor a manufactured home.
"Tobacco Shop" means the sale of tobacco,
tobacco products, and vapour products
including e-cigarettes (a device used to
simulate the experience of smoking).
Land use type: commercial use
"Tourist Accommodation" means a use in
a non-residential zone where one or more
buildings, sleeping accommodations, or part
thereof, are used for the accommodation of the
travelling public on a temporary basis (31 days or
less) and may include the accessory uses such as
restaurants, licensed beverage rooms, banquet
halls, accessory boutique retail, spa and hair
salon services, ballrooms, and meeting rooms.
Land use type: commercial use
"Transition House" means a residential
building housing not more than eight
persons that is used to provide temporary
accommodation, care, supervision, guidance,
or counselling for victims of family violence.
Land use type: residential use
"Use" means the purposes for which land or a
building is arranged or intended, or for which
either land, a building, or a structure is, or
may be, occupied, and maintained.
"Veterinary Clinic" means a facility designed for
the care and treatment of animals under the
supervision of a doctor of veterinary medicine.
Land use type: commercial use
"Warehouse" means a 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. The use includes sales at
wholesale and limited accessory office space.
Land use type: industrial use
"Watercourse" means any natural or
man-made depression with well-defined
banks and a bed of 0.6 m or more below the
surrounding land serving to give direction to
or containing a current of water at least six
months of the year and includes any lake,
river, stream, creek, spring, ravine, swamp,
gulch, surface source of water supply or
source of groundwater supply, whether
enclosed or in a conduit.
"Wrecking or Salvage Yard" means an open
area where waste or scrap materials are
bought, sold, exchanged, stored, baled,
packed, disassembled or handled, including
but not limited to metals, paper, rags, rubber
tires, and bottles.
Land use type: industrial use
"Yard, Front" means an open space
unoccupied to the sky lying between the
principal building and the front lot line.
"Yard, Rear" means an open space
unoccupied to the sky lying between the
principal building and the rear lot line.
"Yard, Side" means an open space
unoccupied to the sky lying between the
principal building and an exterior or interior
side lot line.
City of Nelson Zoning Bylaw No. 3652, 2026
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Part 2: Enforcement
Part 2:
Enforcement
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
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Authorizations and Right of Entry
1. The Director of Development Services, Building Officials, and Bylaw
Enforcement Officers are designated as administrators of this bylaw and are
authorized to enforce the provisions of this bylaw.
2. Any administrator of this bylaw is hereby authorized and empowered to
enforce the provisions of this bylaw or bylaw notice or as otherwise provided
by this and any other bylaw of the City.
3. Any administrator of this bylaw, is at all reasonable times and on any day,
authorized to enter onto any lot, building, property or premises that is
subject to regulation under this bylaw to ascertain whether the regulations
under this bylaw are being observed.
Prohibitions
4. Every person who does, or directs another person to do, any of the following
commits an offence under this bylaw:
a. Violate any provision of this bylaw;
b. Cause, allow or permit any act or thing to be done in contravention or
violation of any provision of this bylaw;
c. Neglect or omit to do anything required under this bylaw;
d. Carry out, cause or permit to be carried out a use or a development in a
manner prohibited by or contrary to any provision of this bylaw;
e. Fail to comply with an order, direction or notice given under this bylaw;
f. Obstruct, hinder, delay or knowingly make false statements to or mislead,
either in writing or orally, an administrator of this bylaw; or
g. Prevent or obstruct, or attempt to prevent or obstruct, the authorized
entry of an administrator of this bylaw onto a lot.
City of Nelson Zoning Bylaw No. 3652, 2026
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Penalties
5. Every person who violates a provision of this bylaw or fails to comply with any
order or notice issued by an administrator of this bylaw commits an offence
and is liable on summary conviction to a penalty not exceeding $50,000.00
and not less than $3,000.00 for each offence, the costs of prosecution, and/or
imprisonment for no more than six months, in accordance with the Offence
Act and the Community Charter.
6. Each day a violation of the provisions of this bylaw exists or is permitted to
exist will constitute a separate offence.
7. An administrator of this bylaw may enforce the provisions of this bylaw by
issuing a fine in accordance with the Bylaw Notice Enforcement Bylaw No.
3195, 2011.
8. In addition to taking action before a court having jurisdiction, Council may, in
accordance with the Local Government Act, file a notice on title or authorize
the demolition, removal, or bringing up to standard of any building or
structure, in whole or in part, that is in contravention of this bylaw.
City of Nelson Zoning Bylaw No. 3652, 2026
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Part 3: General Regulations
Part 3:
General
Regulations
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
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Uses Permitted in All Zones
1. The following are permitted uses in all zones:
a. Accessory Building;
b. Accessory Use;
c. Child Care Facility;
d. Community Gardens;
e. Public Parks, with or without playgrounds;
f. Public trails;
g. Electric Railway;
h. Public Utility;
i. Fire Hall;
j. The use of a building, or part thereof, as a temporary polling station,
election official's headquarters, candidate's campaign office, and any
other temporary use in connection with a federal, provincial, or municipal
election, referendum, or census; and
k. Temporary events less than 7 days for which a City special event permit
has been issued.
2. Home Occupation is permitted in all zones as an accessory use in association
with any residential use and subject to the use-specific conditions contained
in Part 4 "Conditional Uses" of this bylaw.
3. Electric vehicle chargers and off-street vehicle parking are permitted in all
zones as accessory uses.
Prohibited Uses
4. Any use not expressly permitted in a zone is prohibited in that zone. This includes,
but is not limited to, the following uses that are prohibited in all zones:
a. A tent or recreational vehicle used for habitation;
b. Cannabis Operation;
c. Cheque Cashing and Payday Loan Store;
d. Drive-Thru Business;
e. Industry, Heavy;
f. Industrial-Scale Computing;
g. Portable Vehicle Shelter;
h. Tobacco Shop;
i. Wrecking or Salvage Yard.
City of Nelson Zoning Bylaw No. 3652, 2026
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Minimum Dwelling Unit Size
5. The minimum gross floor area of a dwelling unit shall be 26 sq. m.
Maximum Building Length & Footprint
6. The maximum length of any building façade fronting a street or public park is
limited as follows:
At-Grade Use
Maximum Length
Residential
75 m
Commercial
180 m
Industrial
180 m
7. Building façades that turn greater than 30 degrees are considered, for the
purposes of section 6, to be a different building façade.
8. The maximum building footprint of any building is determined as follows,
based on the permitted use at-grade on the front lot line:
Primary At-Grade Use
Maximum Building Footprint
Residential
1,850 sq. m.
Shopping Centre (Major)
18,500 sq. m.
All other commercial or mixed-use
7,500 sq. m.
Industrial
18,500 sq. m.
Obstruction of Vision
9. No building or landscaping, other than a principal building, shall be erected
to a height greater than 1 m within 6 m of the corner of the intersection of
two streets.
See obstruction of vision diagram.
City of Nelson Zoning Bylaw No. 3652, 2026
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Fences
10. In any residential or comprehensive development zone, and in the C1 zone,
the maximum permitted height of any fence located within a required
setback area shall be:
a. 1 m between the front lot line and the principal building façade;
b. 2 m between the rear lot line and the principal building façade when
adjacent to an interior side lot line; and
c. 1 m between the front lot line and the back of principal building when
adjacent to an exterior side lot line.
11. In any mixed-use, industrial, institutional or commercial zone (except the C1
zone), no fence or projecting retaining wall shall exceed 3 m in height.
See fence height diagram.
Accessory Buildings
12. Buildings containing an accessory use are permitted in each zone, unless
otherwise specified in that zone, provided that:
a. a permitted use is being carried out on the lot, or
b. a building for the purpose of a permitted use has been constructed on
the lot, or
c. a building for the purpose of a permitted use is in the process of being
constructed on the lot with an active building permit.
13. An accessory building shall not contain a dwelling unit, except when a
laneway house is permitted by this bylaw.
14. An accessory building must be completely detached from the principal
building, with a distance of at least 1 m from the principal building.
a. Despite section 14, a maximum of one side of a carport shall be permitted
to be attached to the principal building or structure provided that the
carport meets all other requirements of the zone.
City of Nelson Zoning Bylaw No. 3652, 2026
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Shipping Containers
15. A shipping container shall not be placed on a lot without written
authorization by the Fire Chief confirming that all applicable fire safety
regulations have been satisfied.
16. No more than one shipping container shall be permitted per lot.
17. Shipping containers shall meet the requirements of the British Columbia
Building Code, the British Columbia Fire Code, Building Bylaw No. 3456,
2019, Fire Regulation and Protection Bylaw No. 3268, 2014, and all other
applicable regulations.
18. A shipping container shall not be permitted in a residential zone, except that:
a. One shipping container may be temporarily permitted on a lot for the
purpose of loading and unloading household items during the process of
moving. 'Temporary' means located on the lot for a period of time not
exceeding 21 consecutive days and not more than twice per calendar year.
b. A shipping container may be used as a temporary building for construc-
tion-related purposes connected to an active building permit.
19. A shipping container may be placed in any Mixed-Use, Commercial,
Industrial, Institutional or Comprehensive Development zone provided that:
a. It complies with development permit requirements, if applicable, and the
requirements of the zone for a building;
b. It is a minimum of 30 m from a residential zone, except when used as a
temporary building;
c. It is not located in or impede the use of an off-street parking space
required by this bylaw;
d. It is clad in a building material and colour that is consistent with the
character of the principal building on the lot, except when used as a
temporary building; and
e. It is not sited in the yard, front, except when used as a temporary building.
Storage
20. No lot shall be used for the outdoor storage of a derelict vehicle.
21. No lot in a residential zone shall be used for the storage, parking, or repair
of a vehicle in excess of 4,000 kilograms gross vehicle weight.
a. Despite section 21, one recreational vehicle may be stored or parked per
lot in a residential zone.
22. No more than one boat may be stored or parked on a lot in a residential zone.
City of Nelson Zoning Bylaw No. 3652, 2026
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Waste & Recycling Facilities
23. The minimum surface area, or floor space for waste, recycling, and compost
facilities per lot shall be calculated per use as follows:
a. Residential with between 1 and 4 dwelling units on a lot: minimum of 1.1
sq. m. per dwelling unit.
b. Residential with between 5 and 19 dwelling units on a lot: minimum of 9
sq. m.
c. Residential with 20 dwelling units or more on a lot: the space allocation
determined through this formula: 8 sq. m. + (0.31 sq. m. multiplied by the
d. number of dwelling units)
e. Restaurant: minimum of 9 sq. m.
f.
Mobile Vendor, Live/Work, Car Wash, Parking Lot, Short-Term Rental,
Home Occupation or any use permitted in all zones by Part 3, section 1 of
this bylaw: no required surface area
g. All other uses: minimum of 5 sq. m. and this surface area, or floor space,
shall not be included in the area used to calculate areas for off-street
parking space, landscaping area and permeable surface.
24. Waste, recycling, and compost facilities shall comply with the Waste
Management and Wildlife Attractant Bylaw No. 3198, 2011 and be safely
stored so as to not be accessible by wildlife.
25. On any lot with commercial, institutional or industrial uses, or with five or more
dwelling units, or a combination thereof, waste and recycling facilities shall:
a. not be located within the yard, front;
b. be located a minimum of 1 m from any interior side lot line adjoining a
lot zoned for residential use;
c. be screened from view from any street, and from adjacent lots in a
residential zone by fences, berms, landscape materials or a combination
of these to the satisfaction of the Director of Development Services; and
d. have screening equivalent in height to the waste, recycling, or
compost container.
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Emergency Access
26. The distance required to walk from the front street curb to the primary entrance
of each dwelling unit of a small-scale residential use shall not exceed 45 m.
27. A clear and unobstructed path a minimum of 1 m in width shall be available
and accessible from the street to the entrance of each dwelling unit of a
small-scale residential use. The path shall consist of a hard surface to not
delay access by emergency responders and:
a. No sudden drop-offs, hedges or other obstacles shall obstruct this path;
b. If a fence will block the path, there shall be a gate that can be unlatched
from the direction of travel from the street and not have any locks or
require any special knowledge to operate;
c. The path shall be lit; and
d. The path shall be maintained and kept clear of snow and debris
throughout all seasons.
28. The Fire Chief may waive the requirements of sections 26 and 27 for a lot
if each dwelling unit is fitted with a residential sprinkler system, to the
satisfaction of the Fire Chief.
29. The civic address assigned by the City to a dwelling unit must be legible and
displayed in such a position as to be plainly visible from the street to which
the civic address is assigned and at the primary entrance to the dwelling unit.
30. In addition to the requirements of section 29, a second civic address sign
must be posted near the path leading from the street to a laneway house or
a secondary suite.
31. A dwelling unit shall have an exterior light at every exterior entrance.
32. Exterior lighting shall illuminate the pathway from the street frontage to the
exterior entrance of each dwelling unit.
City of Nelson Zoning Bylaw No. 3652, 2026
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Nuisances & Lighting
33. No person on a lot shall allow the discharge or emitting of the following
across lot lines:
i. odorous, toxic or noxious matter or vapours;
ii. heat, glare, electrical interference or radiation;
iii. recurring ground vibration; or
iv. noise levels exceeding 65 decibels measured over a one-hour period.
34. All direct and ambient lighting in zones that allow residential uses shall be
shielded so as to not shine directly beyond lot lines.
35. Any lighting for a multi-unit residential, commercial, mixed-use, institutional
or industrial use on a lot shall be located, arranged, and shielded so that
no direct rays of light are oriented upwards, shine beyond the lot lines or
interfere with the effectiveness of any traffic control device.
36. In commercial and mixed-use zones, LED lighting designed to illuminate
architectural features of the façade is permitted to be directed upwards
onto the façade if the proposed lighting is limited to the intended purpose of
highlighting architectural features, is automatically shut off during daylight
hours, and has a colour temperature rating of 3000k or less on the Kelvin scale.
Amenity Areas
37. Where five or more dwelling units are contained on a lot, a minimum of
15 sq. m. of amenity areas shall be provided per dwelling unit.
38. Where ten or more dwelling units are contained on a lot, a minimum of
20 sq. m. of shared outdoor cultivable green space usable as a food garden
shall be provided in addition to the area mentioned in section 37.
City of Nelson Zoning Bylaw No. 3652, 2026
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Temporary Use Permits
39. Council may, by resolution, on application of an owner of land, issue a
temporary use permit which may:
a. permit temporary commercial, residential, industrial or institutional uses
in any zone;
b. specify conditions under which the temporary use may be carried out;
and
c. require the holder of the permit, as a condition of the permit, to give
an undertaking to demolish or remove any building or structure which
was established to accommodate the temporary use, and to restore the
land to a "found" condition, within thirty days of the expiry date of the
temporary use permit. If the owner fails to comply with the requirement
to restore the land to its "found" condition, the City will enter onto the
land and carry out the demolition, removal or restoration, at the expense
of the owner.
40. Council may, as a condition of issuing a temporary use permit, require that
the applicant provide to the City security in the form of an irrevocable letter
of credit or cash to guarantee the performance of the terms of the permit.
41. A person to whom a temporary use permit has been issued may apply to
have the permit renewed; however, the permit may be renewed only once.
At the end of the renewal, a person may apply to have a completely new
permit issued, conditional on Council approval, and will be required to follow
the same process as the original application.
Laneway Houses
42. In any zone in which a laneway house is permitted, the following conditions
shall be satisfied:
a. The building footprint of a laneway house shall not exceed the greater of:
i. 65 sq. m. in the case of a laneway house exceeding 4.5 m in height;
ii. 89 sq. m. in the case of a laneway house of a height of no more than
4.5 m; or
iii. 8% of the lot.
b. A laneway house shall be sited on a permanent foundation.
c. A laneway house shall not be permitted to be strata titled.
City of Nelson Zoning Bylaw No. 3652, 2026
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Home Occupation
43. In any zone in which a home occupation is permitted, the following
conditions shall be satisfied:
a. The activities shall be conducted entirely within the principal building or
an accessory building, except where such activity involves horticultural
practices.
b. The commercial use shall not involve the exterior storage of any materials
used directly or indirectly in the processing or resulting from the
processing or any product of such craft or occupation.
c. The commercial use shall not involve the sale of any commodity or good
not produced on the lot, except that telephone, electronic or mail order
sales of goods shall be permitted provided that customers do not enter
the lot to inspect, purchase or take possession of the goods.
d. The commercial use within the principal dwelling unit shall occupy no more
than 25% of the gross floor area of the principal building, and in no case shall
a home occupation use exceed 50 sq. m. gross floor area. The maximum
gross floor area does not apply to unenclosed horticultural practices.
e. The home occupation shall be solely operated by residents of the
dwelling unit and not more than three non-resident employees who work
on the lot on a regular basis.
Live/Work Units
44. In any zone in which Live/Work is permitted, the following conditions shall be
satisfied per Live/Work unit:
a. The work portion of any Live/Work unit shall consist of one or more of
the non-residential permitted uses of the applicable zone;
b. No more than 50% of the gross floor area of the unit shall be used for the
residential dwelling unit; and
c. There shall be an independent entrance to the residential component and
to the commercial component.
City of Nelson Zoning Bylaw No. 3652, 2026
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Part 4: Conditional Uses
Part 4:
Conditional Uses
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
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Short-Term Rentals
1. In any zone in which a Short-Term Rental is permitted, the following
conditions shall be satisfied:
a. Compliance with the licencing requirements of Business Licence Bylaw
No. 3328, 2016.
b. The principal use of the dwelling unit containing or comprising the
Short-Term Rental shall remain a residential use. The lot must be
the operator's principal residence and they alone shall be engaged in
the management of the Short-Term Rental, notwithstanding that the
operator may hire one employee to work on the premises.
c. Not more than two adult guests shall be accommodated per guest room,
not more than four adult guests shall be accommodated per guest suite, and
not more than six adult guests shall be accommodated per guest home.
d. In the case of guest rooms, not more than two guest rooms in the licenced
dwelling unit shall be bedrooms used for overnight guest accommodation.
e. Only one annual licence for a Short-Term Rental is permitted per lot,
notwithstanding that a second Short-Term Rental is permitted provided
that it is for a period of less than six months.
f.
A Laneway House for which the building permit application was received by
the City on or after June 12, 2018 shall not be used as a Short-Term Rental.
Cannabis Retail Stores
2. No more than five Cannabis Retail Stores shall be permitted citywide, as per
the area-specific caps established in Schedule 'B' of this bylaw.
3. In any zone in which Cannabis Retail Store is permitted, the following
conditions shall be satisfied:
a. A Cannabis Retail Store shall have a maximum gross floor area of 500 sq. m.
b. Full walls must physically separate the premises from any other business.
c. The length of an exterior storefront containing an individual Cannabis
Retail Store on the floor closest to grade shall be a maximum of 12 m.
City of Nelson Zoning Bylaw No. 3652, 2026
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Part 5: Exceptions
Part 5:
Exceptions
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
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Height Exceptions
1. A chimney, flagpole, receiving antenna, church spires, belfries, elevator
shafts and stair lofts, rooftop mechanical equipment or similar object not
used for human occupancy is not subject to the height limitations of this
bylaw, provided that such structures do not occupy more than 10% of the
roof area of a building unless specifically stated within the applicable zone.
These exceptions do not apply in instances where the heights interfere with
Transport Canada approach slopes in the vicinity of an airport.
2. Rooftop mechanical equipment including elevator shafts and stair lofts more
than 2 m above the roofline shall be screened from view of neighbouring lots.
3. The maximum permitted coverage by mechanical equipment is 30% of the
roof top area for all buildings.
4. Despite anything to the contrary in this bylaw (including regulations
establishing a minimum or maximum height), in no case shall the height of a
building or structure exceed the Transport Canada flight path regulations.
Siting Exceptions
5. Where chimneys, chimney chases, cornices, headers, gutters, pilasters, sills,
eaves, steps, projecting roofline, or ornamental features project beyond the
face of a building, the minimum required setback from an abutting lot line
may be reduced by not more than 0.6 m providing such reduction shall only
apply to the projecting feature, but in no case shall any part of a structure or
building be sited closer than 0.9 m from a lot line.
6. Despite section 5, where uncovered steps are less than 0.6 m above
average finished grade, they shall not be subject to the setback
requirements of this bylaw.
7. In the case of a new principal building in a residential zone approved after
the adoption of this bylaw, no heat pump or air conditioning unit may be
sited closer than 0.6 m from a lot line.
8. An underground structure may be sited in any portion of a lot.
9. Retaining walls up to and including 1.2 m in height are permitted within
setback areas.
City of Nelson Zoning Bylaw No. 3652, 2026
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10. Retaining walls exceeding 1.2 m in height are permitted within setback areas
if a report submitted by a professional engineer experienced in geotechnical
studies demonstrates, to the satisfaction of the Director of Development
Services, that a retaining wall is necessary in that location. The report must
assess whether alternative placements are feasible and demonstrate that the
proposed location will not result in adverse geotechnical impacts or transfer
of risk to adjacent lots.
11. Fire escapes for emergency exiting, only when required by the British Columbia
Building Code or British Columbia Fire Code, may be sited on any portion of a lot.
12. In the case of a dwelling unit proposed to be contained within an existing
building for which the building permit was issued prior to February 3, 2014,
the change of use shall be permitted despite any existing nonconformity of
the building, provided that the height and building footprint of the subject
building are not increased.
13. Where an existing building or structure is sited over one or more lot lines,
the setback requirements for a repair, extension, construction or alteration
shall be waived if:
a. the lots are under the same ownership;
b. the minimum setbacks from adjacent lots are not impacted; and
c. in the opinion of the Director of Development Services, the proposal
does not negatively impact the future development potential of the lands.
See exceptions to siting requirements diagram.
City of Nelson Zoning Bylaw No. 3652, 2026
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Part 6: Subdivision of Land
Part 6:
Subdivision of
Land
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
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Minimum Lot Area and Width
1. Except as otherwise permitted, any lot created by subdivision shall not be less
than the minimum lot area and lot width specified in the applicable zone.
2. Any lot created by subdivision shall have, in the opinion of the Approving
Officer, a sufficient buildable area, taking into account all bylaws and land use
planning regulations applicable to the lot as well site access, topography, and
other site constraints.
3. Unless the pattern of existing subdivision surrounding the lot precludes it,
and unless it is impracticable, interior and exterior side lot lines shall be
perpendicular or radial to the adjoining street.
4. No lot shall be created that is bisected by a street.
5. Lots shown on a plan duly filed in the Land Title Office which are below the
zone's minimum lot area may be used for any permitted use in the zone
where the lot is located provided that the use meets all other requirements
of this bylaw.
Panhandle Lots
6. The access strip of a panhandle lot shall not be considered part of a lot for
the purpose of calculating lot area.
7. No panhandle lot shall be created where the access strip is:
a. narrower than 18 m if further subdivision of the lot is possible under the
provisions of this bylaw, as determined by the Approving Officer; or
b. narrower than 6 m.
Lot Area & Width Exemptions
8. Despite the provisions of this bylaw, the Approving Officer may approve:
a. A subdivision of lots in the R1 zone with a lot area reduced to 80% of the
lot area otherwise required, provided that the number of lots created
is not greater than the number of lots that could have been created in
compliance with the zone's minimum lot area and lot width.
b. A subdivision of lots in the R1 zone with a lot width reduced to 80%
of the lot width otherwise required, provided that the number of lots
created is not greater than the number of lots that could have been
created in compliance with the zone's minimum lot area and lot width.
City of Nelson Zoning Bylaw No. 3652, 2026
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c. A bare land subdivision of lots with a lot area smaller than required
provided that the number of lots created is not greater than the number
of lots that could have been created in compliance with the zone's
minimum lot area and lot width.
d. A reduction of the minimum lot area for a subdivision where it is not
possible to create a lot that has the minimum lot area required for the
zone and where the proposed subdivision involves any of the following:
i. subdivision that does not create, or make it possible to create, more
lots than the number of lots that existed at the time of application;
ii. a lot that is divided by a street and where the boundaries of the street
will be the boundaries of the proposed lots;
iii. a lot on which two or more small-scale residential buildings existed
prior to February 3, 2014; or
iv. a lot divided by a zone boundary,
provided that all requirements of Provincial legislation and Subdivision and Develop-
ment Servicing Bylaw No. 3170, 2011 are met.
9. There shall be no minimum lot area or lot width for lots dedicated for trails,
public parks, playgrounds, community gardens, and unattended public utility
buildings or structures.
Lot Line Adjustments and Consolidation
10. The adjustment of lot lines between two or more lots may be permitted at
the discretion of the Approving Officer even if the resulting lot(s) do not meet
the minimum lot area required by zoning, so long as no lot created is smaller
than any of the previously existing lots. In such cases, any existing building(s)
shall meet the setback requirements to all newly created lot lines.
Bare Land Strata Subdivision
11. Any lot created under a Bare Land Strata Plan pursuant to the Strata Property
Act shall be subject to the requirements of this bylaw.
City of Nelson Zoning Bylaw No. 3652, 2026
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Part 7: Off-Street Parking
Requirements
Part 7:
Off-Street Parking
Requirements
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
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1. Off-street parking spaces, loading spaces, and bicycle parking in respect
of a use permitted under this bylaw shall be provided and maintained in
accordance with the regulations of this bylaw.
Calculation of Required Spaces
2. When the calculation of aggregate off-street parking spaces, loading spaces
or bicycle parking requirements results in a fractional figure, it shall be
rounded to the nearest whole number.
3. If more than one use is located on a lot, the total number of off-street
parking spaces, loading spaces, and bicycle parking spaces shall be the sum
of the requirements for each use, unless the lot is eligible for shared parking
space reductions permitted by this bylaw.
4. A loading space or a bicycle parking space shall not be considered as an
off-street parking space for the purpose of calculating the off-street parking
spaces provided.
5. An off-street parking space or a bicycle parking space shall not be considered
as a loading space for the purpose of calculating the loading spaces provided.
6. The regulations of Part 7 of this bylaw do not apply to buildings, structures or
uses existing on the effective date of this bylaw, except that:
a. off-street parking spaces and loading spaces required in accordance with
the land use regulation bylaw in effect at the time of construction of the
subject use shall be provided and maintained, except that if the number
of spaces required by this bylaw is lower, the requirements of this bylaw
shall apply; and
b. off-street parking spaces, loading spaces, and bicycle parking shall be
provided and maintained in accordance with this bylaw for the new gross
floor area created by any addition to such existing building or structure.
7. Despite any provisions of this bylaw to the contrary, a change of use to an
existing building, when located in a commercial, industrial, institutional,
or mixed-use zone, that does not result in new gross floor area will not be
required to provide additional off-street parking spaces, cash in-lieu, loading
spaces or bicycle parking, provided that the existing building is at least five
years old.
8. In the case of a dwelling unit that existed prior to February 3, 2014, and
that has no recorded, actual or feasible off-street parking space, and where
a secondary suite or laneway house is proposed, off-street vehicle parking
requirements will only apply to the new secondary suite or the laneway house.
City of Nelson Zoning Bylaw No. 3652, 2026
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Minimum Off-Street Parking
Requirements
9. The following minimum number of off-street parking spaces shall be
provided per use and per lot, on the same lot as the use they serve:
Residential
Multi-Unit Residential
1 space per dwelling unit, plus 0.1 visitor spaces per
dwelling unit
Non-Market Affordable Housing
Purpose-Built Rental Housing
0.5 spaces per dwelling unit, plus 0.1 visitor spaces
per dwelling unit
Small-Scale Residential
1 space per dwelling unit
Any other Dwelling Unit
1 space per dwelling unit
Manufactured Home
1 space per manufactured home
Short-Term Rental
1 space per dwelling unit
Live/Work
1 space per unit
Senior Citizens Home
0.4 spaces per unit
Care Services
1 space per 4 living units
Transition House
3 spaces
Commercial, Industrial, and Institutional
Tourist Accommodation
1 space per guest room
Marina
1 space per 3 boat spaces
Art Gallery and Museum
Entertainment Facility
Funeral Home
Participant Recreation Services, Indoor
Public Assembly
1 space per 10 sq. m. of gross floor area used for
public assembly purposes
Participant Recreation Services, Outdoor
a.
greater than 2 hectares in area: minimum 18
spaces
b.
less than or equal to 2 hectares in area:
minimum 6 spaces, but on-street parking spaces
abutting the park count towards the required
number of spaces
Commercial Storage (when storage facilities
are fully enclosed in a building with no
external access to the individual unit)
Warehouse
1 space per 200 sq. m. of gross floor area
Commercial Storage (when individual
storage units are fully accessible by vehicle
to the exterior)
1 space per building
School
1 space per classroom
City of Nelson Zoning Bylaw No. 3652, 2026
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All uses listed in Part 3 of this bylaw as
being permitted in all zones, as well as the
following:
Campground
Cemetery
Dock, Public
Market
Mobile Vendor
Municipal Airport
Natural Resource Development
Parking Lot
Railways and Rail Yard
No parking required
All other commercial, industrial, and
institutional uses
1 space per 50 sq. m. of gross floor area
Exemptions, Reductions & Cash In-Lieu
10. In lieu of providing required off-street parking spaces for new buildings,
structures or uses, a financial contribution of $3,000 per off-street parking
space may be made to the City's Active Transportation Reserve Fund.
11. When commercial or institutional uses are located in the Downtown Parking
Area (as depicted in Schedule 'C' of this bylaw) and are contained in a
mixed-use building that also contains multi-unit residential, the total number
of required off-street parking spaces for all uses on the lot shall be reduced
as follows:
a. the parking requirement may be reduced to 50% of the total number that
would otherwise be calculated; and/or
b. where off-street parking spaces dedicated exclusively for carshare
vehicles are provided, the total parking requirement may be reduced by
four spaces for every carshare space provided subject to the proponent
submitting a long-term license agreement with a locally established
carshare operator. Such reduction shall not be greater than five carshare
spaces per lot.
12. In addition to section 11, where a new subdivision establishes a new public
street, the number of required off-street parking spaces shall be reduced
by the total number of on-street parking spaces (which meet the minimum
parking space dimensions established in this Part) established on the newly
created street right-of-way. Such reduction shall be at the discretion of the
Approving Officer based on the need for street furniture, fixtures, sidewalks,
bump-outs, and transit stops. Parking reduction allocation will be assigned
to each lot proportionally, based on the size of the lot in relation to the total
size of all newly created lots.
City of Nelson Zoning Bylaw No. 3652, 2026
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13. Where off-street parking spaces for carshare vehicles are provided, the
total parking requirement for lots containing four or more dwelling units
may be reduced by four spaces for every carshare space provided, subject
to the proponent submitting a long-term licence agreement with a locally
established carshare operator. Such reduction shall not be greater than five
carshare spaces per lot.
14. The off-street parking space required for a laneway house or secondary suite
may be waived by the Director of Development Services in either of the
following cases:
a. Where all legal street parking within 100 m of the lot is time-restricted,
permit-only, or metered parking, and a covenant in favour of the City is
registered against the title of the lot that voids the right of any present
or future occupant of the dwelling unit to be issued a residential parking
permit; or
b. Where at least two off-street parking spaces are provided on the lot; and
legal, useable street parking for at least two vehicles, for a total of 12 m in
length, abuts the lot; and legal, useable street parking is available on both
sides of at least one of the streets immediately adjacent to the lot.
Shared Parking
15. Despite the minimum off-street parking spaces required by this bylaw,
where the peak use of off-street parking spaces for two or more uses on the
same lot or adjacent lots occurs at different periods of time, the Director of
Development Services may reduce the total required number of off-street
parking spaces for such uses by no more than 25%, provided that the
following requirements are met:
a. a written report has been submitted to the City by a professional
engineer experienced in parking matters, recommending such reduction
for shared parking spaces based on supporting evidence; and
b. a covenant in favour of the City is registered against the title of the lot(s)
concerned, limiting the use of the lot(s) to the uses that have been
determined to justify the reduced parking requirement, including any
relevant restrictions on the hours of operation of these uses; and
c. aside from such reduction, all other requirements of this bylaw are met.
City of Nelson Zoning Bylaw No. 3652, 2026
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Accessible Vehicle Parking
16. Despite anything to the contrary in this bylaw, accessible vehicle parking shall:
a. be at least 3.7 m wide and 5.5 m long, and have a vertical clearance of at
least 2.3 m;
b. have a clear pedestrian access aisle of 1.5 m wide that extends the full
length of the space, is clearly indicated by high colour-contrast diagonal
pavement markings, and connects with an adjacent accessible path of
travel. Where two accessible parking spaces are adjacent, the pedestrian
aisle may be shared;
c. be located on a level, firm, and slip-resistant surface;
d. be located within 30 m of an accessible entrance and as close to the
principal entrance of the building as practical; and
e. be clearly identified as being solely for the use of persons with disabilities.
17. Accessible vehicle parking spaces shall be included in the calculation of the
applicable minimum parking requirement on a 1:1 ratio, except that:
a. When more than 5 off-street parking spaces are required, each
accessible vehicle parking space provided to satisfy the minimum
required number of such spaces will count as two spaces for the purpose
of satisfying the minimum required number of off-street parking spaces.
18. The minimum number of designated accessible vehicle parking spaces
for a Senior Citizens Home, Hospital, Care Services, or Extended Medical
Treatment Services use is set out in Category 2 of the following table; and for
all other uses, is set out in Category 1 of the following table:
Total Number of Required Off-Street Parking Spaces for the Lot
Number of Required
Accessible Parking Spaces
Category 1
Category 2
0
1-9
1
1
10-39
2-4
2
40-74
5-29
3
75-89
30-44
4
90-120
45-59
One additional accessible
parking space:
for any portion of each
additional 50 parking spaces
for any portion of each
additional 15 parking spaces
City of Nelson Zoning Bylaw No. 3652, 2026
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Electric Vehicle Charging Requirements
19. The minimum number of required electric vehicle parking spaces is set as follows:
a. For new buildings that contain one or more dwelling units, at least one
off-street parking space per dwelling unit shall have Level 2 Charging.
b. No electric vehicle parking space requirements apply when a new
dwelling unit is created within an existing building that was built prior to
the adoption of this bylaw.
c. For the first 10 required off-street parking spaces, or a part thereof, for a
commercial, industrial, or institutional use, a minimum of two off-street
parking spaces shall have Level 2 Charging or higher, plus two more
spaces with Level 2 Charging or higher for any portion of each additional
10 parking spaces.
d. A Service Station shall have Alternative Fuel Infrastructure available for
public use.
20. Where one or more accessible vehicle parking spaces are required by this
bylaw, at least 50% of said spaces shall have Level 2 Charging or higher.
21. Where a carshare space is provided under sections 11 or 13, it shall have
Level 2 Charging or higher.
22. Where an electric vehicle energy management system is implemented,
the minimum performance standard shall be a charging rate of 12 kWh per
parking space over an 8-hour overnight period.
23. Energized outlets for electric vehicle charging shall be clearly labelled for
their intended use as electric vehicle charging.
Location
24. In all residential zones, off-street parking spaces shall be provided and
maintained on the same lot as the use, building or structure they serve, except:
a. If sufficient off-street parking spaces for a Short-Term Rental cannot be
provided on the same lot as the Short-Term Rental, no more than one
required space may be located on another lot adjacent to or across the
lane, or within 100 m from the subject lot, upon approval of the Director
of Development Services, provided that:
i. such off-site parking shall be secured by an agreement, satisfactory to
the Director, providing the off-site parking for the benefit of the lot
with the Short-Term Rental;
ii. the agreement must include a plan showing the location and area of
the parking space to be provided by the agreement;
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iii. the agreement shall be valid for the duration of the Business Licence.
A new agreement shall be provided at the time of each Licence
renewal;
iv. the City shall be a named party in the agreement for the sole purpose
of ensuring that the agreement is not amended or discharged from
title without the approval of the City;
v. if the agreement is invalidated before its expiration date, the property
owner must immediately cease operation of the Short-Term Rental
until its off-street parking requirements are fulfilled to the City's
satisfaction;
vi. the off-site parking space must meet the minimum dimensions as
specified in this bylaw. The space provided for the off-site Short-Term
Rental shall be in addition to the minimum parking required by this
bylaw for the on-site uses; and
vii. a property owner providing off-site parking shall not enter into more
than one agreement to provide not more than one parking space for
an off-site Short-Term Rental.
b. All or part of the off-street parking spaces required to serve a use on a lot
may be located on an adjacent lot provided that a covenant in favour of
the City is registered against both the lot on which the use is located and
the lot on which the parking is located.
25. In zones other than residential zones, all or part of the off-street parking
spaces required to serve a use on a lot may be located on a different lot than
the lot on which the use is located, provided that:
a. the site on which the off-street parking is provided is not more than 150
m from the lot on which the use is located; and
b. a covenant in favour of the City is registered against both the lot on which
the use is located and the lot on which the parking is located.
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Parking Space Dimensions
26. Except where the use of a lot is a parking lot, the maximum site coverage for
all portions of the lot used as parking shall be 30%.
27. Each off-street parking space, parking lot, and access aisle layout shall
conform to the following minimum dimensions:
Parking Angle
(in relation to the
access aisle, street
or lane)
Width of Access Aisle (if
applicable) & Permitted
Direction of Travel
Length of
Parking
Space
Width of
Parking
Space
Height
Clearance
90 degrees
6.4 m (two-way aisle)
6 m
2.5 m
2 m
60 degrees
5.5 m (one-way aisle)
6 m
2.5 m
45 degrees
3.5 m (one-way aisle)
6 m
2.5 m
30 degrees
3.5 m (one-way aisle)
6 m
2.5 m
0 degrees (parallel
parking)
6.4 m (two-way aisle)
7 m
2.6 m
3.5 m (one-way aisle)
7 m
2.6 m
a. Where more than three off-street parking spaces are required on a lot,
a maximum of 50% of such spaces may be reduced to 4.8 m in length,
provided that each reduced parking space is clearly marked with the
words "Small Car Only" on the pavement or facing wall.
b. Despite the minimum dimensions of this section, where four off-street
parking spaces or fewer are required on a lot in a residential zone,
off-street parking spaces shall have a minimum area of 16.5 sq. m.
c. Despite the minimum dimensions of this section, alternate designs for
off-street parking spaces and aisles may be approved by the Director
of Development Services when a written report has been submitted
to the City by a professional engineer experienced in parking matters,
recommending changes based on supporting evidence.
Parking Lot Design
28. On lots in a commercial or mixed-use zone where more than two off-street
parking spaces are required, or where more than five off-street parking spaces
are required on a lot in all other zones, all off-street vehicle parking areas shall:
a. be surfaced with asphalt, concrete, porous pavement, permeable pavers
or similar surface that is durable and dust-free for the purpose intended;
b. have fences, landscaping or curbs to prevent the crossing of sidewalks
and boulevards except at authorized exits and entrances;
c. have the individual parking spaces, maneuvering aisles, entrances and
exits clearly marked by curbs, fences or lines and signs;
City of Nelson Zoning Bylaw No. 3652, 2026
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d. have a maximum gradient and cross slope of 6%, unless a report
submitted by a professional engineer demonstrates, to the satisfaction of
the Director of Development Services, that a greater slope is feasible and
safe for the use intended;
e. have surface water drainage managed on site, with connection to the City
storm system where connection is required or available;
f.
have drainage directed to prevent damage or inconvenience to abutting lots
and streets. In no case shall drainage be permitted to flow across sidewalks;
g. have the lighting of the parking lot, if lighted, placed in such a manner so
as to prevent light falling on abutting lots; and
h. have all spaces required for visitor parking located close to building
entrances and clearly and permanently marked for visitor use only.
Driveway Accesses
29. Approval by the Director of Development Services is required for a new driveway
access off a street. The Director may deny such a request if it does not comply
with the regulations of this bylaw, Subdivision and Development Bylaw No. 3170,
2011, and Traffic Bylaw No. 3156, 2010, or if the proposed access would obstruct
or interfere with on-street parking spaces and BC Transit bus stops.
30. No lot shall have more than one driveway access. Where a lot abuts a lane
or two streets of different classifications (as identified on Schedule 'C' of the
Official Community Plan), the driveway access shall be located to access the
lane or the street of lower classification.
31. A driveway access off a street shall have a minimum width of 3 m and a
maximum width of 6 m, whichever is greater, as measured at the point where
the driveway intersects with the street. A driveway access for a lot with uses
other than small-scale residential may have a width of up to 9 m.
32. Unless a driveway access measures no more than 3.5 m in width, the
driveway access must enable access to at least two off-street parking spaces.
33. A residential driveway access onto an arterial road (as identified on Schedule
'C' of the Official Community Plan) is not permitted unless alternate access is
impractical.
34. A driveway access shall be located a minimum of 1 m from hydrants, poles,
street lights, and street signs.
35. A driveway access to a corner lot with residential uses only shall be located a
minimum of 7 m from the lot corner nearest the intersection.
36. A driveway access to a corner lot with commercial or industrial uses shall be
located a minimum of 15 m from the lot corner nearest the intersection. In
the case of a lot whose street frontage is less than 15 m, the driveway access
shall be as far as feasible from the nearest intersection.
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Tandem Parking
37. Off-street parking spaces required for dwelling units may be configured as
tandem parking provided that each dwelling unit shall have at least one
off-street parking space that is directly accessible from a street or lane at all
times. Tandem parking is not permitted for visitor parking.
Voluntary Establishment of Off-Street
Parking
38. Where more off-street parking spaces are provided than required by this
bylaw, the location, design, and operation of the excess parking shall comply
with the requirements of this bylaw.
Loading Spaces
39. Loading spaces shall be provided on any lot containing a commercial,
industrial or institutional use in accordance with the following table:
Total Gross Floor Area of all Commercial, Industrial, and Institutional
Uses on the Lot
Number of Required
Loading Spaces
Less than 500 sq. m
0
500 sq. m. to 2,800 sq. m.
1
Each additional 2,800 sq. m., or fraction thereof, in excess of 2,800 sq. m.
1 additional
40. Loading spaces shall:
a. not be located within a yard, front;
b. not be located within a yard, side if there is a rear lane;
c. be constructed so as to permit unobstructed access to and egress from
each loading space at all times and not obstruct access or egress to any
required off-street parking space;
d. be surfaced with asphalt, concrete, porous pavement, permeable pavers
or similar surface so as to provide a surface that is durable and dust-free
for the purpose intended;
e. have surface water drainage managed on-site, with connection to the City
storm system where connection is required or available; and
f. be clearly and permanently marked for loading use only.
41. Each loading space shall have a minimum of 12 m in length, 3.5 m in width, a
vertical clearance of 4 m, and a 6 m-wide maneuvering aisle.
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Minimum Bicycle Parking Requirements
42. The following minimum number of bicycle parking spaces shall be provided
per use and per lot, on the same lot as the use they serve:
Use
Minimum Bicycle Parking Requirements
Residential
Long-Term Bicycle Parking: 1 space per dwelling unit
Short-Term Bicycle Parking: 6 spaces for any lot with 10 or more dwelling units,
plus 6 additional spaces for each additional 10 dwelling units
All other uses
Long-Term Bicycle Parking 1 space per 500 sq. m. of gross floor area
Short-Term Bicycle Parking: 6 spaces if the lot's non-residential uses have a total
gross floor area greater than or equal to 1,000 sq. m., plus 6 additional spaces
for each additional 1,000 sq. m.
43. In lieu of providing short-term bicycle parking spaces required by section
42 for new buildings, structures or uses, a financial contribution of $500 per
off-street parking space may be made to the City's Active Transportation
Reserve Fund.
City of Nelson Zoning Bylaw No. 3652, 2026
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Bicycle Parking Dimensions and Design
See bicycle parking diagram.
44. Spaces for long-term and short-term bicycle parking shall:
a. be a minimum of 0.6 m in width,
b. be a minimum of 1.8 m in length,
c. have a vertical clearance of at least 2 m, and
d. be situated on a hard surface.
45. Bicycle racks used for long-term and short-term bicycle parking shall:
a. support the bicycle in at least two places, to prevent it from falling over;
b. allow locking of the frame and one or both wheels with a U-style lock;
c. be securely and permanently anchored to the ground, floor, or building;
d. be resistant to cutting, rusting, bending, and deformation; and
e. provide easily accessible bicycle parking spaces that do not require
moving another bicycle for access or maneuvering.
46. Where more than one bicycle rack is used, the aisles between the bicycle
racks shall be a minimum of 1.75 m in width.
47. Long-term bicycle parking shall:
a. be in the form of bicycle lockers, compounds or rooms specifically
provided and equipped for bicycle storage, a garage (for dwelling units
that have their own garage or, in the case of a shared garage, access to a
portion thereof that is private and lockable), or in the case of small-scale
residential uses only, a carport;
b. in the case of multi-unit residential, have lockable doors; and
c. allow for step-free access from a street or lane.
48. Short-term bicycle parking shall be:
a. located in a convenient, well-lit, and highly-visible location that is
accessible by visitors as near to the principal entrance of the building as
feasible;
b. separated from vehicle parking by a physical barrier or sufficient space;
and
c. located so as not to interfere with pedestrians.
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Part 8: Landscaping
Requirements
Part 8:
Landscaping
Requirements
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
59
General Landscaping Requirements
1. The following landscaping regulations shall apply to all lots:
a. No new or additional coniferous evergreen trees or plants, such as
junipers and cedars, may be planted within 1.5 m of a building or other
structures such as decks;
b. Landscaping material shall include, but not be limited to, trees, shrubs,
and other plantings, or a combination thereof;
c. Simulated or artificial plant materials are prohibited;
d. New trees and shrubs shall be set back a minimum of 3 m from all
underground utilities;
e. All plantings shall consist of species known to be indigenous to the West
Kootenay region or non-invasive species identified by FireSmart BC as
being fire-resistant and that do not have high irrigation requirements; and
f. It is prohibited for any person to plant a species listed in Schedule 'D' of
this bylaw.
2. Erosion and sediment control measures shall be used during construction to
prevent the pollution, degradation or siltation of natural areas, watercourses,
and adjacent lands and streets.
Landscape Plans
3. Except as otherwise provided for in this bylaw, a landscape plan and
landscape security deposit shall be required:
a. for the construction of a new principal building containing multi-unit
residential, commercial, industrial or institutional uses; or
b. whenever 500 sq. m. or more of gross floor area is created through
the construction of, addition to or extension of a building containing
multi-unit residential, commercial, industrial or institutional uses.
4. Any landscape plan shall be prepared by a landscape architect, except that an
architect may prepare a landscape plan if the lot contains no more than nine
dwelling units and contains no commercial, industrial or institutional use.
5. Where a landscape plan is required, it shall contain the following information:
a. property address and legal description, north arrow, drawing scale, name
of property owner/developer and name of designer, where applicable;
b. lot lines, easements, rights-of-way, dimensions of the lot, total area of
the lot, and total landscape area;
c. approximate location and type of adjacent land uses;
City of Nelson Zoning Bylaw No. 3652, 2026
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d. location of existing and proposed overhead and underground utilities,
lighting, irrigation systems, and corner sight triangles where applicable;
e. location of all existing and proposed physical features including turf areas,
trees, shrubs, planting beds, walls, fences, signage, site furnishings, and
hardscapes;
f. description of how all applicable landscaping requirements of this bylaw
will be met;
g. details or descriptions for walls, fencing, signage and hardscaping;
h. description of how existing trees and vegetation and other site features
will be protected during construction;
i. existing and final grading including direction of site surface drainage;
j. planting plan with species list indicating the quantity, size, common and
botanical names of the plant material;
k. a list of the type and quantity of site furnishings (benches, bicycle racks,
etc.) to be used;
l. the location and manner in which waste, recycling and compost
containers, fuel tanks, postal kiosks, utility structures, exterior storage,
and parking areas will be screened, including the height and materials to
be used for fencing, screens and walls;
m. description of means of maintaining new landscaping during the
establishment period (i.e. maintenance program); and
n. a means by which the landscaping can be appropriately watered, other
than by rainfall.
6. All landscape plans and installations shall be in accordance with the most
recent British Columbia Landscape Standard.
7. Where there is a surface parking lot, there shall be a landscape screen with
a minimum height of 1.5 m in the area adjacent to a street or any lot with
residential zoning.
8. Where there is a surface parking lot with more than 20 off-street parking
spaces, there shall be a pathway from the primary entrance of the principal
building to the adjacent municipal sidewalk, or in the case where there is
no municipal sidewalk, to the property line. In either case, the pathway shall
follow a reasonably direct route and have:
a. a minimum uninterrupted width of 3 m; and
b. wheel stops in areas adjacent to parking spaces.
City of Nelson Zoning Bylaw No. 3652, 2026
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Minimum Landscape Area and Tree
Requirements
9. Where a landscape plan is required:
a. The landscape area shall be equal to or greater than the amount of
required permeable surface for the zone.
b. Within the landscape area, there shall be at least one tree and one shrub
for each 15 sq. m. of landscape area, and each tree shall be provided with
a minimum of 2 sq. m. of space.
c. Required trees and shrubs shall comply with the following:
i. Tree species at maturity shall have an average spread of crown greater
than 5 m. Trees having a lesser average mature crown of 5 m may
be grouped so as to create the equivalent of 5 m or greater crown at
maturity;
ii. Deciduous trees shall have a caliper of least 60 mm caliper;
iii. Deciduous shrubs shall have a minimum height of 450 mm;
iv. Coniferous trees shall have a minimum height of 2.5 m; and
v. Coniferous shrubs shall have a minimum spread of 450 mm.
d. When existing trees are retained on a lot and:
i. are at least 15 cm in caliper, they may count double towards meeting
the tree requirements of subsection 'b'; or
ii. are at least 25 cm in caliper, they may count triple towards meeting
the tree requirements of this subsection 'b'.
e. Existing landscaping or natural vegetation that is to be retained must be
protected to the furthest extent of the drip line. The average finished
grade of the site shall not alter the existing grade within the root zone by
more than 20 cm.
f. All landscaping materials and installation shall meet or exceed the British
Columbia Nursery Trades Association Standards.
g. All landscaping materials and installation shall be regularly maintained.
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Landscape Security
10. When a landscape plan is required, a landscape security shall be required
as a condition of Development Permit approval, prior to Building Permit
issuance, and shall consist of an irrevocable, automatically renewing Letter of
Credit in the form satisfactory to the Director of Development Services, or
cash (without interest payable), having a value equal to 125% of landscape
materials, labour, and installation costs.
a. Any Letter of Credit shall allow for partial draws by the City.
b. The estimated cost to implement the landscape plan shall be included
in the required landscape security. If, in the opinion of the Director
of Development Services, these projected costs are inadequate, the
Director may establish an appropriate landscaping cost figure for the
purpose of determining the value of the landscaping security.
c. Where a lot is to be developed in phases, landscape plans and
landscaping security need only be provided on that portion of the lot to
be approved in each phase. Landscaping and landscaping security shall
be required in subsequent phases on the remainder of the lot at the time
these are approved and developed.
11. Upon receipt of a written request from the property owner, or the issuer
of the Letter of Credit, an inspection of the finished landscaping shall be
completed by the Director of Development Services. Inspections shall be
made during the normal growing season, between May 15 and October 31.
12. Inspections by the Director of Development Services shall, at a minimum,
consist of an inspection following installation and a final inspection at the end
of the warranty period. These inspections serve to determine:
a. whether the condition of plant materials and other landscape features and
requirements correspond to those shown on the approved landscape plan;
b. whether adequate means of watering plant material exists and whether
there is evidence that this has been done consistently; and
c. whether the correct conditions for plant establishment and continued
health are maintained for the maintenance period.
13. The Director of Development Services may release 90% of the landscape
security once they have determined that the landscaping works have been
completed in accordance with the approved landscape plan. The remaining
landscape security will be released to the person who provided it to the
City, within a reasonable time after the Director has ascertained, during
the growing season mentioned in section 11, that the landscaping is in
healthy condition a minimum of one year from the date of completion of the
landscape work, referred to as the "maintenance period".
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14. Landscape securities shall only be released to the person who provided the
landscape security to the City.
15. If the landscaping is not completed in accordance with the approved
landscape plan within one growing season after completion of the
development or if the landscaping is not sufficiently maintained and in a
healthy condition, in the Director's opinion, during or at the end of the
maintenance period, the City may draw on the landscape security and the
amount thereof shall be paid to the City for its use absolutely.
16. All expenses incurred by the City to renew or draw upon a letter of credit
shall be reimbursed by the property owner to the City by payment of invoice
or from the proceeds of the letter of credit.
17. In the event the property owner does not complete the required landscaping,
or if the owner fails to maintain the landscaping in a healthy condition to the
satisfaction of the Director for the specified periods of time and the cash or
the proceeds from the letter of credit are insufficient for the City to complete
the required work, should it elect to do so, then the owner shall pay such
deficiency to the City immediately upon being invoiced. The City shall provide
an accounting to the owner indicating how the proceeds of the letter of
credit were applied.
18. Failure to maintain an existing tree when a credit for the retention of an
existing tree has been provided under section 9(d) will result in the forfeit of
the entire landscape security.
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Part 9: Establishment Of
Zones
Part 9:
Establishment Of
Zones
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
65
1. The City is hereby divided into the land use zones described throughout this bylaw.
2. The following chart establishes which zones are permitted within each
Official Community Plan land use designation for the purpose of rezoning:
Zone Name
Abbreviation
The following zones shall be permitted within the Small-Scale Residential land use designation:
R1 Small-Scale Residential Zone
R1
R5 Small-Scale and Multi-Unit Residential Zone
R5
The following zones shall be permitted within the Granite Pointe Redevelopment land use
designation:
GP1 Granite Pointe Redevelopment Zone
GP1
The following zones shall be permitted within the Multi-Unit Residential land use designation:
R2 Multi-Unit Residential Zone
R2
R3 Multi-Unit Residential (Lower Uphill) Zone
R3
R4 Multi-Unit Residential Zone
R4
R5 Small-Scale and Multi-Unit Residential Zone
R5
The following zones shall be permitted within the Neighbourhood Mixed-Use land use designation:
N1 Neighbourhood Mixed-Use Zone
N1
The following zones shall be permitted within the Mixed-Use Core land use designation:
C1 Mixed-Use Core Zone
C1
C2 Mixed-Use Core (Downtown Interface) Zone
C2
C3 Mixed-Use Core (City Hall) Zone
C3
C4 Mixed-Use Core (Railtown) Zone
C4
The following zones shall be permitted within the Mixed-Use Residential land use designation:
MU1 Mixed-Use Residential Zone
MU1
MU2 Mixed-Use Residential (Waterfront Tourist Commercial) Zone
MU2
MU3 Mixed-Use Residential (Waterfront) Zone
MU3
MU4 Mixed-Use Residential (Railtown) Zone
MU4
The following zones shall be permitted within the Highway Commercial land use designation:
HC1 Highway Commercial Zone
HC1
The following zones shall be permitted within the Mixed-Use Commercial/Industrial land use
designation:
M1 Mixed-Use Commercial-Industrial Zone
M1
M2 Mixed-Use Commercial-Industrial (Railtown) Zone
M2
M3 Mixed-Use Commercial-Industrial (Waterfront) Zone
M3
The following zones shall be permitted within the Transportation land use designation:
T1 Transportation Zone
T1
The following zones shall be permitted within the Tenth Street Campus land use designation:
I1 Institutional Zone
I1
City of Nelson Zoning Bylaw No. 3652, 2026
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The following zones shall be permitted within the Institutional land use designation:
I1 Institutional Zone
I1
I2 Institutional (Neighbourhood) Zone
I2
I3 Institutional (Medical) Zone
I3
The following zones shall be permitted within the Park and Green Space land use designation:
P1 Water and Green Space Zone
P1
The following zones shall be permitted within the Water Uses land use designation:
P2 Water Use Zone
P2
The following zones shall be permitted within the Public Utility Lands land use designation:
P3 Public Utility Lands Zone
P3
The following zones shall be permitted only on the lots to which they currently apply:
CD1 Mixed-Use Core Zone
CD1
CD2 Mixed-Use Residential Zone
CD2
CD3 Mixed-Use Residential Zone
CD3
CD4 Mixed-Use Residential Zone
CD4
CD5 Small-Scale Residential Zone
CD5
CD6 Mixed-Use Residential Zone
CD6
CD7 Multi-Unit Residential Zone
CD7
CD8 Mixed-Use Core Zone
CD8
Zone Boundaries
3. The extent of each zone is shown on Schedule 'A' of this bylaw.
4. Where a zone boundary is designated as following a right-of-way, the centre
line of that right-of-way shall be the zone boundary.
5. Where a zone boundary is shown as approximately following the edge,
shoreline, or high-water mark of a river, lake, or other watercourse, it shall be
considered to follow the natural boundary of said watercourse. In this case,
the zone boundary shall automatically move with the natural boundary.
6. Where a zone boundary does not follow a legally defined line and where the
distances are not specifically indicated, the location of the boundary shall be
determined by scaling from Schedule 'A' of this bylaw.
7. Where a lot contains more than one zone, each zoned area shall be treated
as a separate lot for the purpose of determining density, setback, and lot
coverage requirements.
8. Where a lot contains more than one zone, all uses, parking areas, buildings,
or structures that are accessory to a permitted use, building, or structure
shall be provided only within the area zoned for the permitted use, building,
or structure.
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Part 10: Residential Zones
Part 10:
Residential Zones
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
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1. R1 Small-Scale Residential Zone
Purpose
1. The purpose of this zone is to allow for small-scale residential development
ranging from 1 to 4 dwelling units in a variety of configurations up to 3 storeys.
This zone is intended to support the creation of "Missing Middle Housing"
compatible with existing neighbourhoods. This zone is compatible with land
designated by the Official Community Plan as "small-scale residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the R1 zone:
a. Care Services (for no more than 8 persons)
b. Small-Scale Residential
c. Transition House
Conditional Uses
4. The following uses are permitted in the zone as accessory uses, subject to
the use-specific conditions contained in Part 4 "Conditional Uses":
a. Short-Term Rental
Density
5. The maximum density on lots less than or equal to 280 sq. m. is three
dwelling units.
6. The maximum density on lots greater than 280 sq. m. is four dwelling units.
Subdivision
7. The minimum lot width shall be 12 m.
8. The minimum lot area shall be 370 sq. m.
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Lot Coverage
9. The maximum permitted lot coverage and minimum required permeable
surfaces on a lot shall be determined according to density as follows:
1 dwelling unit
2 or 3 dwelling
units
4 dwelling units,
Care Services, or
Transition House
Maximum permitted lot coverage
35%
40%
45%
Minimum coverage of permeable
surfaces
30%
10. On lots less than 370 sq. m. in area, the maximum permitted lot coverage
determined in section 9 shall be increased by 5%.
Building Height
11. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
10 m and no more than 3 storeys
Accessory Building
4.5 m
Laneway House
5.8 m
Above-Garage Suite
6.1 m
Setbacks
12. The minimum setback from lot lines shall be as follows:
Principal
Building
Carport
Any other
accessory
building
Front lot line
3 m
1.5 m
3 m
Rear lot line
3 m
1.5 m
Exterior and interior side lot line for lots
with a front lot line greater than 9.2 m
1.2 m
Exterior and interior side lot line for lots
with a front lot line less than 9.2 m
1 m
13. Despite section 12, where a common party wall exists, the minimum required
setback from one interior side lot line shall be reduced to 0 m, provided
that one setback from an interior side lot line required under section 12 is
maintained per lot.
City of Nelson Zoning Bylaw No. 3652, 2026
70
2. R2 Multi-Unit Residential Zone
Purpose
1. The purpose of this zone is to allow for multi-unit residential developments
in all residential neighbourhoods. This zone is compatible with land
designated by the Official Community Plan as "multi-unit residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the R2 zone:
a. Care Services
b. Multi-Unit Residential
c. Small-Scale Residential
Conditional Uses
4. The following uses are permitted in the zone as accessory uses, subject to
the use-specific conditions contained in Part 4 "Conditional Uses":
a. Short-Term Rental
Density
5. The minimum required density is three dwelling units per lot.
a. Despite section 5, lots with existing residential buildings that do not meet
the minimum density shall be permitted to extend, alter, and maintain
those buildings, and shall be permitted to add additional dwelling units
without meeting the zone's minimum required density.
b. Despite section 5, there shall be no minimum density on the following lots:
Address
Legal Description
1702 - 1720 Silver King Road
Lots 1 - 10, District Lot 304, Kootenay District Plan 8185
302, 304, 306, 308, 310, 312, 314, 316
Tower Road
Lots 1-8, District Lot 304, Kootenay District Plan 8181
Subdivision
6. The minimum lot width shall be 30 m.
7. The minimum lot area shall be 1,000 sq. m.
City of Nelson Zoning Bylaw No. 3652, 2026
71
Lot Coverage
8. The maximum permitted lot coverage on a lot is 45%.
9. The minimum coverage of permeable surfaces on a lot is 30%.
Building Height
10. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
12 m and no more than 3 storeys
Principal Building on the following
lots: Lots A, B, C, D, Plan NEP2865
District Lot 97 Kootenay Lake District
13.6 m
Accessory Building
4.5 m
Laneway House
5.8 m
Above-Garage Suite
6.1 m
11. The principal building on any lot shall have a minimum of two storeys.
Setbacks
12. The minimum setback from lot lines shall be as follows:
Principal
Building
Carport
Any other
accessory
building
Front lot line
4.5 m
1.5 m
4.5 m
Rear lot line
4.5 m
1.5 m
Exterior side lot line
4.5 m
1.5 m
Exterior side lot line on the following lots: Lots A,
B, C, D, Plan NEP2865 District Lot 97 Kootenay Lake
District
4.28 m
1.5 m
Interior side lot line
3 m
1.5 m
Interior side lot line on the following lots:
Lots 1-8, District Lot 304, Kootenay District Plan 8181
Lot 1 - 10, District Lot 304, Kootenay District Plan
8185
0 m
City of Nelson Zoning Bylaw No. 3652, 2026
72
3. R3 Multi-Unit Residential (Lower
Uphill) Zone
Purpose
1. The purpose of this zone is to allow for multi-unit residential infill
development near the city centre, in the Lower Uphill neighbourhood. This
zone is compatible with land designated by the Official Community Plan as
"multi-unit residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the R3 zone:
a. Care Services
b. Early Childhood Development Centre permitted at Parcel A (See XJ20563)
Block 31, District Lot 95, Kootenay District Plan 9500 (804 Stanley Street)
and Parcel A (See 11167I) Lot 22, Lot 23, Lot 24, Block 30, District Lot 95,
Kootenay District Plan 9500
c. Multi-Unit Residential
d. Small-Scale Residential
Conditional Uses
4. The following uses are permitted in the zone as accessory uses, subject to
the use-specific conditions contained in Part 4 "Conditional Uses":
a. Short-Term Rental
Density
5. The minimum required density on lots greater than 278 sq. m. is two
dwelling units per lot.
6. The maximum permitted density on lots less than or equal to 278 sq. m. is
three dwelling units per lot.
Subdivision
7. The minimum lot width shall be 7.6 m.
8. The minimum lot area shall be 278 sq. m.
City of Nelson Zoning Bylaw No. 3652, 2026
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Lot Coverage
9. The maximum permitted lot coverage on a lot is 45%.
10. The minimum coverage of permeable surfaces on a lot shall be 30%.
Building Height
11. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
11 m and no more than 3 storeys
Accessory Building
4.5 m
Laneway House
5.8 m
Above-Garage Suite
6.1 m
Setbacks
12. The minimum setback from lot lines shall be as follows:
Principal
Building
Carport
Any other
accessory
building
Front lot line
3 m
1.5 m
3 m
Rear lot line
3 m
1 m
Exterior and interior side lot line
1 m
13. Despite section 12, where a common party wall exists, the minimum required
setback from one interior side lot line shall be reduced to 0 m, provided
that one setback from an interior side lot line required under section 12 is
maintained per lot.
Building Width
14. The maximum length along a street of a building containing multi-unit
residential shall be 30 m.
City of Nelson Zoning Bylaw No. 3652, 2026
74
4. R4 Multi-Unit Residential Zone
Purpose
1. The purpose of this zone is to allow for multi-unit residential development in
proximity to the downtown core, the waterfront, and institutional uses such
as campuses or hospitals. This zone is compatible with land designated by
the Official Community Plan as "multi-unit residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the R4 zone:
a. Care Services
b. Multi-Unit Residential
c. Small-Scale Residential
Conditional Uses
4. The following uses are permitted in the zone as accessory uses, subject to
the use-specific conditions contained in Part 4 "Conditional Uses":
a. Short-Term Rental
Density
5. The minimum required density is three dwelling units per lot.
Subdivision
6. The minimum lot width shall be 30 m.
7. The minimum lot area shall be 1,000 sq. m.
Lot Coverage
8. The maximum permitted lot coverage on a lot is 55%.
9. The minimum coverage of permeable surfaces on a lot is 30%.
City of Nelson Zoning Bylaw No. 3652, 2026
75
Building Height
10. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
13 m and no more than 4 storeys
Accessory Building
4.5 m
11. The principal building on any lot shall have a minimum of two storeys.
Setbacks
12. The minimum setback from lot lines shall be as follows:
Principal Building
Carport
Any other
accessory
building
Front lot line
4.5 m
1.5 m
4.5 m
Rear lot line
4.5 m
1.5 m
Interior and exterior side lot line
4.5 m
1.5 m
13. Buildings and structures, in the case of a lot which may be further
subdivided, shall be sited so as to facilitate the future subdivision of the lot or
adjacent lots.
City of Nelson Zoning Bylaw No. 3652, 2026
76
5. R5 Small-Scale and Multi-Unit
Residential (Manufactured Home Parks)
Zone
Purpose
1. The purpose of this zone is to allow for manufactured home parks. This
zone is compatible with land designated by the Official Community Plan as
"small-scale residential" or "multi-unit residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the R5 zone:
a. Care Services
b. Manufactured Home Park
Accessory Uses
4. The following uses are permitted in the zone as accessory uses:
a. One office per manufactured home park for its management and
operation;
b. Recreational and amenity spaces for residents of the manufactured
home park; and
c. Common parking, including visitor parking, and storage facilities for the
residents of the manufactured home park.
Density
5. The minimum required density is 10 manufactured homes per lot.
6. The maximum permitted density is 20 manufactured homes per gross hectare
and a maximum of 1 manufactured home per manufactured home space.
7. The minimum area of a manufactured home space is 325 sq. m.
Subdivision
8. The minimum lot width shall be 20 m.
9. The minimum lot area shall be 20,000 sq. m.
City of Nelson Zoning Bylaw No. 3652, 2026
77
Lot Coverage
10. The maximum permitted lot coverage on a lot is 55%.
11. The minimum coverage of permeable surfaces on a lot shall be 30%.
Building Height
12. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
6 m and no more than 1 storey
Accessory Building
4.5 m
Setbacks
13. No manufactured home shall be located closer than 2 m to the curb of an
internal roadway or common parking area or 1.5 m of any other edge of the
manufactured home space.
14. The minimum setback from lot lines shall be as follows:
Front lot line
4.5 m
Rear lot line
4.5 m
Interior and exterior side lot line
1.5 m
Amenity Areas
15. There shall be a minimum of 8 sq. m. of amenity areas per manufactured home.
City of Nelson Zoning Bylaw No. 3652, 2026
78
6. GP1 Granite Pointe Redevelopment
Zone
Purpose
1. The purpose of this zone is to allow for a mix of residential developments at
Granite Pointe. Further to the zoning requirements, all developments shall be
subject to the specific neighbourhood plan policies contained in the Official
Community Plan. This zone is compatible with land designated by the Official
Community Plan as "Granite Pointe Redevelopment".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the GP1 zone:
a. Care Services
b. Multi-Unit Residential
c. Pocket Neighbourhood
d. Small-Scale Residential, except no single-detached dwelling units shall be
permitted (unless as part of a Pocket Neighbourhood)
Conditional Uses
4. The following uses are permitted in the zone as accessory uses, subject to
the use-specific conditions contained in Part 4 "Conditional Uses":
a. Short-Term Rental
Conditions of Use
5. Buildings on a lot abutting an R1-zoned lot shall not have balconies on the
third storey facing the rear lot line.
6. Except for a townhouse, the maximum length of a residential building along a
street shall be 20 m.
Subdivision
7. The minimum lot width shall be 12 m.
8. The minimum lot area shall be 370 sq. m.
9. The minimum lot area for Pocket Neighbourhood shall be 1,300 sq. m.
City of Nelson Zoning Bylaw No. 3652, 2026
79
Lot Coverage
10. The maximum permitted lot coverage on a lot is 45%.
11. The minimum coverage of permeable surfaces on a lot shall be 30%.
12. The maximum gross floor area per dwelling unit in a Pocket Neighbourhood
is 150 sq. m.
Building Height
13. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
12 m
Principal Building on lots
abutting the R1 zone
12 m and no more than 3 storeys
Pocket Neighbourhood,
principal dwelling unit
The lesser of 9 m or 2 storeys
Accessory Building
4.5 m
Laneway House
5.8 m
Above-Garage Suite
6.1 m
Setbacks
14. The minimum setback from lot lines shall be as follows:
Principal
Building
Carport
Any other
accessory
building
Front lot line
4.5 m
1.5 m
4.5 m
Rear lot line
4.5 m
1.5 m
Exterior side lot line
4.5 m
1.5 m
Interior side lot line
1.5 m
1 m
15. Despite section 14, where a common party wall exists, the minimum required
setback from one interior side lot line shall be reduced to 0 m, provided
that one setback from an interior side lot line required under section 14 is
maintained per lot.
16. Buildings and structures, in the case of a lot which may be further
subdivided, shall be sited so as to facilitate the future subdivision of the lot or
adjacent lots.
Amenity Areas
17. For Pocket Neighbourhood, a minimum 15% of the lot shall be retained as
outdoor amenity area.
City of Nelson Zoning Bylaw No. 3652, 2026
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Part 11: Mixed-Use Zones
Part 11:
Mixed-Use Zones
City of Nelson Zoning Bylaw No. 3652, 2026
80
City of Nelson Zoning Bylaw No. 3652, 2026
81
1. N1 Neighbourhood Mixed-Use Zone
Purpose
1. The purpose of this zone is to allow for limited residential and small-scale
commercial uses that are meant to primarily serve the day-to-day needs
of the neighbourhood. This zone is compatible with land designated by the
Official Community Plan as "neighbourhood mixed-use".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the N1 zone:
a. Custom Indoor Manufacturing
b. Health Services
c. Mobile Vendor
d. Participant Recreation Services, Indoor
e. Personal Service Establishment
f. Restaurant
g. Retail (Minor)
Conditional Uses
4. Small-Scale Residential and Live/Work are permitted when combined with
one or more of the uses listed in section 3, provided that they:
a. are contained in the same building, except in the case of a laneway
house; and
b. have a separate exterior entrance.
Conditions of Use
5. Commercial uses must be located at-grade and front at least one street.
6. Total commercial use of a lot is limited to 150 sq. m. of gross floor area.
7. No commercial uses shall involve the exterior, unenclosed storage of goods.
Subdivision
8. The minimum lot width shall be 15 m.
9. The minimum lot area shall be 463 sq. m.
City of Nelson Zoning Bylaw No. 3652, 2026
82
Lot Coverage
10. The maximum permitted lot coverage on a lot is 45%.
11. The minimum coverage of permeable surfaces on a lot shall be 10%.
Building Height
12. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
13.5 m and no more than 4 storeys
Accessory Building
4.5 m
Laneway House
5.8 m
Above-Garage Suite
6.1 m
13. The principal building on any lot shall have a minimum of two storeys.
Setbacks
14. The minimum setback from lot lines shall be as follows:
Principal Building
Accessory Building
Front lot line
0 m
Rear lot line
4.5 m
1.5 m
Exterior side lot line
0 m
Interior side lot line
1.5 m
City of Nelson Zoning Bylaw No. 3652, 2026
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2. MU1 Mixed-Use Residential Zone
Purpose
1. The purpose of this zone is to allow for a mix of commercial and residential uses in areas of
the city outside of the downtown core. This zone is compatible with land designated by the
Official Community Plan as "mixed-use residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part 8 "Landscape
Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a combination
thereof, are permitted in the MU1 zone:
a. Animal Daycare
b. Care Services
c. Custom Indoor Manufacturing
d. Dental Services
e. Financial Services
f. Health Services
g. Live/Work
h. Participant Recreation Services, Indoor
i. Personal Service Establishment
j. Professional and Business Offices
k. Restaurant
l. Retail (Minor)
m. Veterinary Clinic
Conditional Uses
4. Dwelling units are permitted when combined with one or more of the uses listed in section
3, provided that they:
a. are contained in the same building; and
b. have a separate exterior entrance.
5. The following uses are permitted in the zone as accessory uses, subject to the use-specific
conditions contained in Part 4 "Conditional Uses":
a. Short-Term Rental
City of Nelson Zoning Bylaw No. 3652, 2026
84
Conditions of Use
6. Commercial uses shall front a street.
7. All non-residential uses shall be limited in size to a gross floor area of 150
sq. m. each, with the exception that 2 businesses per lot shall be permitted a
maximum of 250 sq. m. gross floor area.
8. Professional and Business Offices, Health Services, and Dental Services are
limited to a maximum of 20% of the gross floor area of any building.
9. No commercial uses shall involve the exterior, unenclosed storage of goods.
Subdivision
10. The minimum lot width shall be 30 m.
11. The minimum lot area shall be 1,000 sq. m.
Lot Coverage
12. The maximum permitted lot coverage on a lot is 60%.
13. The minimum coverage of permeable surfaces on a lot shall be 10%.
Building Height
14. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
11 m and no more than 3 storeys
Accessory Building
4.5 m
15. The principal building on any lot shall have a minimum of two storeys.
Setbacks
16. The minimum setback from lot lines shall be as follows:
Principal Building
Accessory Building
Front lot line
0 m
Rear lot line
4.5 m
1.5 m
Exterior side lot line
4.5 m
Interior side lot line
0 m
If lot is not served by a constructed rear lane, one
interior side setback shall be:
3 m
If lot is adjacent to a lot with residential zoning,
the setback to the interior lot line adjacent to the
lot with residential zoning:
1.5 m
17. Buildings and structures, in the case of a lot which may be further subdivided,
shall be sited so as to facilitate the future subdivision of the lot or adjacent lots.
City of Nelson Zoning Bylaw No. 3652, 2026
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3. MU2 Mixed-Use Residential
(Waterfront Tourist Commercial) Zone
Purpose
1. The purpose of this zone is to allow for tourist and commercial uses on the
waterfront. This zone is compatible with land designated by the Official
Community Plan as "mixed-use residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the MU2 zone:
a. Tourist Accommodation
b. Marina
c. Market
d. Mobile Vendor
e. Multi-Unit Residential
Conditional Uses
4. Retail (Minor) is permitted as an accessory use if combined with Tourist
Accommodation, subject to this accessory use having a maximum gross floor
area of 70 sq. m.
Conditions of Use
5. No commercial uses shall involve the exterior, unenclosed storage of goods.
Subdivision
6. The minimum lot width shall be 30 m.
7. The minimum lot area shall be 1,000 sq. m.
Lot Coverage
8. The maximum permitted lot coverage on a lot is 80%.
9. The minimum coverage of permeable surfaces on a lot shall be 10%.
City of Nelson Zoning Bylaw No. 3652, 2026
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Building Height
10. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building if within 30 m of
the highwater mark of Kootenay Lake
10.5 m
Principal Building in all other cases
14 m and no more than 4 storeys
Accessory Building
4.5 m
11. The principal building on any lot shall have a minimum of two storeys.
Setbacks
12. The minimum setback from lot lines shall be as follows:
Front lot line
1.5 m
Rear lot line
1.5 m
Exterior side lot line
1.5 m
Interior side lot line
0 m
13. Awnings, canopies, and lighting may project from the building face to a
setback of 0 m.
14. Buildings and structures, in the case of a lot which may be further
subdivided, shall be sited so as to facilitate the future subdivision of the lot or
adjacent lots.
City of Nelson Zoning Bylaw No. 3652, 2026
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4. MU3 Mixed-Use Residential
(Waterfront) Zone
Purpose
1. The purpose of this zone is to allow for residential development and
commercial uses on the waterfront. This zone is compatible with land
designated by the Official Community Plan as "mixed-use residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the MU3 zone:
a. Care Services
b. Dental Services, permitted only adjacent to Hall Street and only when
located above Retail (Minor)
c. Financial Services
d. Health Services, permitted only adjacent to Hall Street and only when
located above Retail (Minor)
e. Live/Work
f. Multi-Unit Residential
g. Neighbourhood Pub
h. Professional and Business Offices, permitted only adjacent to Hall Street
and only when located above Retail (Minor)
i. Restaurant
j. Retail (Minor), permitted only adjacent to Hall Street when located
at-grade and limited to a maximum retail floor area of 400 sq. m. per
business
City of Nelson Zoning Bylaw No. 3652, 2026
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Site-Specific Uses
4. The following uses are permitted only on the following lots and only when
combined with Multi-Unit Residential:
Permitted Uses
Address
Legal Description
Provided that the length of an exterior
storefront on the floor closest to
grade shall be a maximum of 15 m per
individual business:
- Commercial School
- Dental Services
- Health Services
- Participant Recreation Services,
Indoor
- Personal Service Establishment
- Professional and Business Offices
- Retail Store, when located at-grade
and limited in size to a maximum
retail floor area of 400 sq. m. per
business
910-920 Lakeside Drive
LOT A, PLAN EPP128577,
KOOTENAY LAND DISTRICT,
EXCEPT PLAN EPS10310 PH 1, DL
4085, 4236, 4645 & 6004 (PID:
032-039-476)
LOT B, PLAN EPP128577,
KOOTENAY LAND DISTRICT, DL
4085, 4236, 4645 & 6004 (PID:
032-039-484)
Shopping Centre (Major)
1200 Lakeside Drive
LOT 1, PLAN NEP12215, DISTRICT
LOT 95, KOOTENAY LAND
DISTRICT, EXCEPT PLAN 16451,
& DL 3868, 6004, CHAHKO MIKA
MALL (PID: 012-571-075)
Conditional Uses
5. The following uses are permitted in the zone, subject to the use-specific
conditions contained in Part 4 "Conditional Uses":
a. Cannabis Retail Store
b. Short-Term Rental
Conditions of Use
6. No commercial uses shall involve the exterior, unenclosed storage of goods.
7. The work portion of Live/Work shall be any of the non-residential permitted
uses of this zone or one of the following uses:
a. Custom Indoor Manufacturing
b. Professional and Business Offices
8. Except as otherwise required in this zone, where a lot is used for a
combination of uses that includes residential, the non-residential use shall be
located with direct access to the street.
9. Where a lot is used for a combination of uses that includes residential, the
residential use shall be:
a. contained in the same building as the other use(s); and
b. located above or behind the other non-residential use.
City of Nelson Zoning Bylaw No. 3652, 2026
89
Subdivision
10. The minimum lot area shall be 1,000 sq. m.
Lot Coverage
11. The maximum permitted lot coverage on a lot is 80%.
12. Buildings used exclusively for multi-unit residential shall not cover more than
50% of a lot.
13. The minimum coverage of permeable surfaces on a lot is 10%.
Building Height
14. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building if within 30 m of
the highwater mark of Kootenay Lake
10.5 m
Principal Building in all other cases
14 m and no more than 4 storeys
Accessory Building
4.5 m
15. The principal building on any lot shall have a minimum of two storeys.
Setbacks
16. The minimum setback from lot lines shall be as follows:
Front lot line
1.5 m
Rear lot line
1.5 m
Exterior side lot line
1.5 m
Interior side lot line
0 m
17. Awnings, canopies, and lighting may project from the building face to a
setback of 0 m.
18. Buildings and structures, in the case of a lot which may be further
subdivided, shall be sited so as to facilitate the future subdivision of the lot or
adjacent lots.
City of Nelson Zoning Bylaw No. 3652, 2026
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5. MU4 Mixed-Use Residential
(Railtown) Zone
Purpose
1. The purpose of this zone is to allow for residential development with
commercial uses in the Railtown neighbourhood. This zone is compatible with
land designated by the Official Community Plan as "mixed-use residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. Commercial uses shall only be permitted in combination with dwelling units.
4. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the MU4 zone:
a. Art Gallery & Museum
b. Building Supply
c. Cannabis Micro-Processing
d. Care Services
e. Contractor Services, Limited
f. Craft Brewery/Distillery
g. Custom Indoor Manufacturing, only if at-grade and limited in size to a
maximum gross floor area of 500 sq. m. per business
h. Dental Services
i. Early Childhood Development Centre
j. Entertainment Facility
k. Financial Services
l. Health Services
m. Indoor Urban Agriculture
n. Live/Work
o. Market
p. Mechanical Repair and Service
q. Mobile Vendor
r. Multi-Unit Residential (when combined with a non-residential use)
City of Nelson Zoning Bylaw No. 3652, 2026
91
s. Neighbourhood Pub
t. Parking Lot
u. Participant Recreation Services, Indoor
v. Personal Service Establishment
w. Printing and Publishing Establishment
x. Professional and Business Offices
y. Public Administration
z. Restaurant
aa. Retail (Minor)
ab. Social Services Centre
ac. Veterinary Clinic
Conditional Uses
5. The following uses are permitted in the zone, subject to the use-specific
conditions contained in Part 4 "Conditional Uses":
a. Cannabis Retail Store
b. Short-Term Rental
Site-Specific Uses
6. The following uses are permitted only on the following lots, only when
combined with Multi-Unit Residential:
Permitted Uses
Address
Legal Description
Tourist Accommodation
45 Government Road
LOT A, PLAN EPP102571, DISTRICT LOT 95 2627,
KOOTENAY LAND DISTRICT (PID 031-128- 483)
Conditions of Use
7. A maximum of 50% of the gross floor area of a building at street level may be
used for off-street parking.
8. Any off-street parking spaces that are accessory to other uses shall be
located to the rear of the principal building.
9. Any Parking Lot shall be subject to a development permit and include
extensive landscaping and drainage facilities to minimize runoff.
10. Where a lot is used for a combination of uses that includes residential, the
residential use shall be:
a. contained in the same building as the other use(s); and
b. located above or behind the other non-residential use.
11. Commercial storage is permitted when accessory to a permitted use. Accessory
commercial storage use shall not occupy more than 50% of the gross floor
area of the building, and shall not be located to have direct street frontage.
City of Nelson Zoning Bylaw No. 3652, 2026
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12. Cannabis Micro-Processing shall be located in an enclosed building with odour
controls so that any odour emissions cannot be detected beyond any lot line.
13. Cannabis Micro-Processing must be conducted by means of non-volatile
solvent extraction (butane, propane, and hexane are prohibited).
Subdivision
14. The minimum lot width shall be 30 m.
15. The minimum lot area shall be 1,000 sq. m.
Lot Coverage
16. The maximum permitted lot coverage on a lot is 80%.
17. The minimum coverage of permeable surfaces on a lot shall be 10%.
Building Height
18. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
20 m and no more than 6 storeys
Accessory Building
4.5 m
19. The principal building on any lot shall have a minimum of two storeys and a
minimum height of 8 m.
Setbacks
20. The minimum setback from lot lines shall be as follows:
Front lot line
1.5 m
Rear lot line
1.5 m
Exterior side lot line
1.5 m
Interior side lot line
0 m
21. Awnings, canopies, and lighting may project from the building face to a
setback of 0 m.
22. Buildings and structures, in the case of a lot which may be further subdivided,
shall be sited so as to facilitate the future subdivision of the lot or adjacent lots.
City of Nelson Zoning Bylaw No. 3652, 2026
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Part 12: Commercial Zones
Part 12:
Commercial Zones
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
94
1. C1 Mixed-Use Core Zone
Purpose
1. The purpose of this zone is to allow for the development of the city's
downtown. This zone is compatible with land designated by the Official
Community Plan as "mixed-use core".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the C1 zone:
a. Animal Daycare
b. Art Gallery or Museum
c. Broadcasting Studios
d. Care Services
e. Car Wash
f. Commercial School
g. Craft Brewery/Distillery
h. Custom Indoor Manufacturing
i. Dental Services
j. Early Childhood Development Centre
k. Entertainment Facility
l. Financial Services
m. Funeral Home
n. Health Services
o. Liquor Primary Establishment
p. Market
q. Mechanical Repair and Service
r. Mobile Vendor
s. Neighbourhood Pub
t. Parking Lot
u. Participant Recreation Services, Indoor
v. Personal Service Establishment
City of Nelson Zoning Bylaw No. 3652, 2026
95
w. Printing and Publishing Establishment
x. Professional and Business Offices
y. Public Administration
z. Public Assembly
aa. Restaurant
ab. Retail (Minor)
ac. Shopping Centre (Minor)
ad. Social Services Centre
ae. Tourist Accommodation
af. Veterinary Clinic
Conditional Uses
4. Dwelling units are permitted in either of the following cases:
a. When combined with a non-residential permitted use, provided that the
following conditions are met:
i. any dwelling unit is contained in the same building and located above
or to the rear of the non-residential use, or below the non-residential
use, provided that the non-residential use is at-grade; and
ii. a minimum of 50% of the gross floor area at street level is used for
non-residential uses.
b. When used exclusively for non-market affordable housing, provided that
the building does not front onto Baker Street, Hall Street, Vernon Street,
or Victoria Street.
5. The following uses are permitted in the zone, subject to the use-specific
conditions contained in Part 4 "Conditional Uses":
a. Cannabis Retail Store
6. Any standalone residential building that existed prior to August 1st, 1987 is
permitted to be extended or altered so that it remains a residential building.
This permission includes the ability to add additional dwelling units to the lot.
7. Any building developed as single-detached residential prior to August 1st,
1987 that has since been converted to a commercial use may revert to an
entirely residential use.
City of Nelson Zoning Bylaw No. 3652, 2026
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Conditions of Use
8. Commercial storage is permitted when accessory to a permitted use. Accessory
commercial storage use shall not occupy more than 50% of the gross floor
area of the building, and shall not be located to have direct street frontage.
9. Exterior, unenclosed storage of goods or materials is not permitted.
10. An animal daycare must be completely enclosed within a building.
11. A car wash must be completely enclosed within a building.
Subdivision
12. The minimum lot width shall be 7.6 m.
13. The minimum lot area shall be 278 sq. m.
Building Height
14. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
17 m and no more than 5 storeys
Accessory Building
4.5 m
15. The principal building on any lot shall have a minimum of two storeys.
Setbacks
16. The minimum setback from lot lines shall be as follows:
Front lot line
0 m
Rear lot line
0 m, but 1 m if the lot is not
served by a constructed rear lane
Exterior side lot line
0 m
Interior side lot line
0 m
If lot is not served by a constructed rear
lane, one interior side setback shall be:
3 m
Interior side lot line along lot line adjacent
to a lot with residential zoning
3 m
City of Nelson Zoning Bylaw No. 3652, 2026
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2. C2 Mixed-Use Core (Downtown
Interface) Zone
Purpose
1. The purpose of this zone is to allow for the development of residential and
commercial uses adjacent to Herridge Lane or the lane that runs between
and parallel to Victoria and Silica Streets. This zone is compatible with land
designated by the Official Community Plan as "mixed-use core".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the C2 zone:
a. Art Gallery or Museum
b. Animal Daycare
c. Care Services
d. Commercial School
e. Custom Indoor Manufacturing
f. Dental Services
g. Early Childhood Development Centre
h. Entertainment Facility
i. Financial Services
j. Health Services
k. Live/Work
l. Market
m. Mechanical Repair and Service
n. Mobile Vendor
o. Multi-Unit Residential
p. Parking Lot
q. Participant Recreation Services, Indoor
r. Personal Service Establishment
s. Printing and Publishing Establishment
t. Professional and Business Offices
u. Public Administration
v. Restaurant
w. Retail (Minor)
City of Nelson Zoning Bylaw No. 3652, 2026
98
x. Small-Scale Residential
y. Social Services Centre
z. Veterinary Clinic
Site-Specific Relaxations
4. The minimum gross floor area required for dwelling units located on the
following lot shall be reduced to 19 sq. m.:
Address
Legal Description
706 Herridge Lane
Lot 20 Block 7 District Lot 95 Kootenay District Plan 9500
Conditions of Use
5. A lot must contain at least one dwelling unit.
6. Commercial storage is permitted when accessory to a permitted use.
Accessory commercial storage use shall not occupy more than 50% of the
gross floor area of the building, and shall not be located to have direct street
frontage.
7. Exterior, unenclosed storage of goods or materials is not permitted.
8. Non-residential uses must front the rear lane and may not front the street.
9. Residential uses must compose the entirety of building facades facing
Victoria and Silica Streets.
10. A maximum of 50% of the building footprint shall be used for
non-residential uses.
11. An animal daycare must be completely enclosed within a building.
Subdivision
12. The minimum lot width shall be 7.6 m.
13. The minimum lot area shall be 270 sq. m.
Lot Coverage
14. The maximum permitted lot coverage on a lot is 70%.
15. The minimum coverage of permeable surfaces on a lot shall be 10%.
16. The maximum length of a building along a street shall be 15 m.
City of Nelson Zoning Bylaw No. 3652, 2026
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Building Height
17. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
11 m and no more than 3 storeys
Accessory Building
4.5 m
Laneway House
5.8 m
Above-Garage Suite
6.1 m
18. The principal building on any lot shall have a minimum of two storeys.
Setbacks
19. The minimum setback from lot lines shall be as follows:
Principal
Building
Accessory
Building
Front lot line
3 m
1 m
Rear lot line
0 m
1 m
Interior or exterior side lot line
0 m
1 m
If lot is not served by a constructed
rear lane, one side setback shall be:
1 m
City of Nelson Zoning Bylaw No. 3652, 2026
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3. C3 Mixed-Use Core (City Hall) Zone
Purpose
1. The purpose of this zone is to allow for institutional, commercial, and
residential uses at City Hall. This zone is compatible with land designated by
the Official Community Plan as "mixed-use core".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the C3 zone:
a. Art Gallery or Museum
b. Animal Daycare
c. Broadcasting Studios
d. Care Services
e. Commercial School
f. Commercial Storage
g. Contractor Services, General
h. Contractor Services, Limited
i. Craft Brewery/Distillery
j. Custom Indoor Manufacturing
k. Dental Services
l. Early Childhood Development Centre
m. Entertainment Facility
n. Extended Medical Treatment Services
o. Financial Services
p. Health Services
q. Indoor Urban Agriculture
r. Live/Work
s. Market
t. Mobile Vendor
u. Neighbourhood Pub
v. Nursery
w. Parking Lot
x. Participant Recreation Services, Indoor
City of Nelson Zoning Bylaw No. 3652, 2026
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y. Participant Recreation Services, Outdoor
z. Personal Service Establishment
aa. Printing and Publishing Establishment
ab. Professional and Business Offices
ac. Public Administration
ad. Public Assembly
ae. Restaurant
af. Retail (Minor)
ag. School
ah. Social Services Centre
ai. Tourist Accommodation
aj. Veterinary Clinic
ak. Warehouse
Conditional Uses
4. Multi-Unit Residential is permitted when combined with a permitted use.
5. The following uses are permitted in the zone, subject to the use-specific
conditions contained in Part 4 "Conditional Uses":
a. Cannabis Retail Store
Site-Specific Relaxations
6. The minimum requirements for off-street parking spaces contained in
this bylaw shall be relaxed to no more than one off-street parking space
required per 170 sq. m. of gross floor area for the following uses: Public
Administration and Art Gallery and Museum.
Conditions of Use
7. A minimum of 50% of the gross floor area at street level shall be used for
non-residential uses.
8. Commercial storage is permitted when accessory to a permitted use.
Accessory commercial storage use shall not occupy more than 50% of the
gross floor area of the building, and shall not be located to have direct street
frontage.
9. Exterior, unenclosed storage of goods or materials is not permitted.
10. An animal daycare must be completely enclosed within a building.
Subdivision
11. The minimum lot width shall be 10 m.
12. The minimum lot area shall be 463 sq. m.
City of Nelson Zoning Bylaw No. 3652, 2026
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Lot Coverage
13. The maximum permitted lot coverage on a lot is 90%.
14. The minimum coverage of permeable surfaces on a lot shall be 10%.
Building Height
15. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
20 m and no more than 6 storeys
Accessory Building
10 m
16. The principal building on any lot shall have a minimum of two storeys.
City of Nelson Zoning Bylaw No. 3652, 2026
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4. C4 Mixed-Use Core (Railtown) Zone
Purpose
1. The purpose of this zone is to allow for the development of the Railtown core
area. This zone is compatible with land designated by the Official Community
Plan as "mixed-use core".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the C4 zone:
a. Art Gallery and Museum
b. Animal Daycare
c. Broadcasting Studios
d. Care Services
e. Car Wash
f. Commercial School
g. Craft Brewery/Distillery
h. Custom Indoor Manufacturing
i. Dental Services
j. Early Childhood Development Centre
k. Entertainment Facility
l. Financial Services
m. Funeral Home
n. Health Services
o. Liquor Primary Establishment
p. Live/Work
q. Market
r. Mechanical Repair, Service and Sales
s. Mobile Vendor
t. Multi-Unit Residential
u. Neighbourhood Pub
v. Parking Lot
w. Participant Recreation Services, Indoor
x. Personal Service Establishment
City of Nelson Zoning Bylaw No. 3652, 2026
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y. Printing and Publishing Establishment
z. Professional and Business Offices
aa. Public Administration
ab. Public Assembly
ac. Restaurant
ad. Retail (Minor)
ae. Social Services Centre
af. Tourist Accommodation
ag. Veterinary Clinic
Conditional Uses
4. The following uses are permitted in the zone, subject to the use-specific
conditions contained in Part 4 "Conditional Uses":
a. Cannabis Retail Store
Site-Specific Uses
5. The following uses are permitted only on the following lots:
Permitted Uses
Address
Legal Description
Warehouse
79 Government Road
PARCEL B (SEE 22210I) OF LOTS 12 TO 16 DISTRICT
LOT 95 KOOTENAY DISTRICT PLAN 904;
LOTS 7 TO 11 DISTRICT LOT 2627 KOOTENAY DISTRICT
PLAN 904.
Conditions of Use
6. Commercial storage is permitted when accessory to a permitted use.
Accessory commercial storage use shall not occupy more than 50% of the
gross floor area of the building, and shall not be located to have direct street
frontage.
7. Exterior, unenclosed storage of goods or materials is not permitted.
8. Mechanical Repair, Service, and Sales must be conducted indoors. Storage of
vehicles for sale shall be located indoors.
9. An animal daycare must be completely enclosed within a building.
10. A car wash must be completely enclosed within a building.
11. A maximum of 50% of the gross floor area of a building at street level may be
used for off-street parking. Such parking in any building or on any lot fronting
Baker Street shall be located to the rear of the structure. All parking visible
from Baker Street shall be suitably landscaped or otherwise screened from
view as approved in the Development Permit process.
City of Nelson Zoning Bylaw No. 3652, 2026
105
12. Any off-street parking spaces that are accessory to other uses shall be
located to the rear of the principal building.
13. Any Parking Lot shall be subject to a development permit and include
extensive landscaping and drainage facilities to minimize runoff.
Subdivision
14. The minimum lot width shall be not less than 7.6 m.
15. The minimum lot area shall be 278 sq. m.
Lot Coverage
16. The maximum permitted lot coverage on a lot is 90%.
a. If lot coverage is below 80%, the minimum coverage of permeable
surfaces on a lot shall be 10%.
Building Height
17. The maximum permitted height of a building shall 20 m and no more than 6
storeys.
18. The principal building on any lot shall have a minimum of two storeys.
Setbacks
19. The minimum setback from lot lines shall be as follows:
Front lot line
0 m, but 1.5 m if the lot is not
served by a constructed rear lane
Exterior side lot line
0 m
Interior side lot line
0 m
If lot is not served by a
constructed rear lane, one
interior side setback shall be:
3 m
Interior side lot line adjacent to a
lot with residential zoning
3 m
City of Nelson Zoning Bylaw No. 3652, 2026
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5. HC1 Highway Commercial Zone
Purpose
1. The purpose of this zone is to allow for commercial uses along the provincial
highway corridor which cater to the day-to-day needs of commuters and
residents of adjacent neighbourhoods. This zone is compatible with land
designated by the Official Community Plan as "highway commercial".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the HC1 zone:
a. Animal Daycare
b. Care Services
c. Car Wash
d. Contractor Services, Limited
e. Custom Indoor Manufacturing
f. Financial Services
g. Funeral Home
h. Health Services
i. Mechanical Repair, Service and Sales
j. Mobile Vendor
k. Neighbourhood Pub
l. Participant Recreation Services, Indoor
m. Personal Service Establishment
n. Restaurant
o. Retail (Minor)
p. Service Station
q. Tourist Accommodation
r. Veterinary Clinic
City of Nelson Zoning Bylaw No. 3652, 2026
107
Conditional Uses
4. Dwelling units are permitted in either of the following cases:
a. When used exclusively for non-market affordable housing, or
b. When combined with a non-residential permitted use, provided that the
following conditions are met:
i. any dwelling unit is contained in the same building and located above
or to the rear of the non-residential use, or below the non-residential
use, provided that the non-residential use is at-grade; and
ii. a minimum of 50% of the gross floor area at street level is used for
non-residential uses.
Conditions of Use
5. Commercial storage is permitted when accessory to a permitted use.
Accessory commercial storage use shall not occupy more than 50% of the
gross floor area of the building, and shall not be located to have direct street
frontage.
6. Exterior, unenclosed storage of goods or materials is not permitted.
7. An animal daycare must be completely enclosed within a building.
8. A car wash must be completely enclosed within a building.
Subdivision
9. The minimum lot width shall be not less than one-tenth of the perimeter of
the lot.
10. The minimum lot area shall be 1,000 sq. m.
Lot Coverage
11. The maximum permitted lot coverage on a lot is 60%.
12. The minimum coverage of permeable surfaces on a lot shall be 10%.
Building Height
13. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building if located in
Lower Uphill, as identified in the
Official Community Plan
11 m and no more than 3 storeys
Principal Building in all other cases
14 m and no more than 4 storeys
Accessory Building
4.5 m
City of Nelson Zoning Bylaw No. 3652, 2026
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Setbacks
14. The minimum setback from lot lines shall be as follows:
Front lot line
1.5 m
Rear lot line
0 m, but 1.5 m if the lot is not served by a
constructed rear lane
Exterior side lot line
4.5 m
Interior side lot line
0 m
If lot is not served by a
constructed rear lane, one interior side setback
shall be:
1.5 m
Interior side lot line adjacent to a lot with
residential zoning, and the building is one
storey in height
3 m
Interior side lot line adjacent to a lot with
residential zoning, and the building is two or
more storeys in height
4.5 m
15. Despite any other provisions, service station pumps or pump islands shall be
located in accordance with the Fire Services Act and BC Fire Code.
City of Nelson Zoning Bylaw No. 3652, 2026
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Part 13: Industrial Zones
Part 13:
Industrial Zones
City of Nelson Zoning Bylaw No. 3652, 2026
109
City of Nelson Zoning Bylaw No. 3652, 2026
110
1. M1 Mixed-Use Commercial-Industrial
Zone
Purpose
1. The purpose of this zone is to allow for general light-industrial uses in
multiple areas of the city. This zone is compatible with land designated by the
Official Community Plan as "mixed-use commercial/industrial".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the M1 zone:
a. Animal Daycare
b. Car Wash
c. Commercial School
d. Commercial Storage
e. Contractor Services, General
f. Contractor Services, Limited
g. Craft Brewery/Distillery
h. Custom Indoor Manufacturing
i. Funeral Home
j. Industry, Light
k. Mechanical Repair, Service and Sales
l. Neighbourhood Pub
m. Parking Lot
n. Participant Recreation Services, Indoor
o. Personal Service Establishment
p. Printing and Publishing Establishment
q. Restaurant
r. Veterinary Clinic
s. Warehouse
City of Nelson Zoning Bylaw No. 3652, 2026
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Conditional Uses
4. One dwelling unit is permitted per lot when located in the same building as a
permitted use.
Subdivision
5. The minimum lot width shall be not less than one-tenth of the perimeter of
the lot.
6. The minimum lot area shall be 900 sq. m.
Lot Coverage
7. The maximum permitted lot coverage on a lot is 70%.
8. The minimum coverage of permeable surfaces on a lot shall be 10%.
9. A minimum of 60% of the yard, front shall be landscaped or surfaced with
permeable surfaces.
Building Height
10. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
14 m and no more than 3 storeys
Accessory Building
4.5 m
11. The principal building on any lot shall have a minimum of two storeys.
Setbacks
12. The minimum setback from lot lines shall be as follows:
Front lot line
7.5 m
Rear lot line
4.5 m
Rear lot line adjacent to a lot with
residential zoning
7.5 m
Exterior side lot line
7.5 m
Interior side lot line
4.5 m
Interior side lot line adjacent to a lot with
residential zoning
7.5 m
City of Nelson Zoning Bylaw No. 3652, 2026
112
2. M2 Mixed-Use Commercial-Industrial
(Railtown) Zone
Purpose
1. The purpose of this zone is to allow for industrial, commercial, and limited
accessory residential development in the Railtown neighbourhood. This
zone is compatible with land designated by the Official Community Plan as
"mixed-use commercial/industrial".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the M2 zone:
a. Animal Daycare
b. Broadcasting Studios
c. Building Supply
d. Cannabis Micro-Processing
e. Car Wash
f. Commercial School
g. Commercial Storage
h. Contractor Services, General
i. Contractor Services, Limited
j. Custom Indoor Manufacturing
k. Indoor Urban Agriculture
l. Industry, Light
m. Live/Work
n. Mechanical Repair, Service and Sales
o. Mobile Vendor
p. Multi-Unit Residential (when combined with a non-residential use)
q. Neighbourhood Pub
r. Parking Lot
s. Participant Recreation Services, Indoor
t. Printing and Publishing Establishment
u. Retail (Minor)
v. Veterinary Clinic
w. Warehouse
City of Nelson Zoning Bylaw No. 3652, 2026
113
Conditional Uses
4. One dwelling unit shall be permitted in conjunction with each non-residential
permitted use.
5. The following uses are permitted in the zone, subject to the use-specific
conditions contained in Part 4 "Conditional Uses":
a. Cannabis Retail Store
b. Short-Term Rental
Conditions of Use
6. Cannabis Micro-Processing shall be located in an enclosed building with
odour controls so that any odour emissions cannot be detected beyond any
lot line.
7. Cannabis Micro-Processing must be conducted by means of non-volatile
solvent extraction (butane, propane, and hexane are prohibited).
8. No commercial uses shall involve the exterior, unenclosed storage of goods.
Subdivision
9. The minimum lot width shall be 30 m.
10. The minimum lot area shall be 1,000 sq. m.
Lot Coverage
11. The maximum permitted lot coverage on a lot is 80%.
12. The minimum coverage of permeable surfaces on a lot shall be 10%.
Building Height
13. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
20 m and no more than 6 storeys
Accessory Building
4.5 m
14. The principal building on any lot shall have a minimum of two storeys.
City of Nelson Zoning Bylaw No. 3652, 2026
114
3. M3 Mixed-Use Commercial-Industrial
(Waterfront) Zone
Purpose
1. The purpose of this zone is to allow for industrial, commercial, and limited
accessory residential development within a portion of lands adjacent to
the waterfront. This zone is compatible with land designated by the Official
Community Plan as "mixed-use commercial/industrial".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the M3 zone:
a. Animal Daycare
b. Broadcasting Studios
c. Building Supply
d. Cannabis Micro-Processing
e. Car Wash
f. Commercial School
g. Commercial Storage
h. Contractor Services, General
i. Contractor Services, Limited
j. Custom Indoor Manufacturing
k. Indoor Urban Agriculture
l. Industry, Light
m. Live/Work
n. Mechanical Repair, Service and Sales
o. Mobile Vendor
p. Neighbourhood Pub
q. Parking Lot
r. Participant Recreation Services, Indoor
s. Printing and Publishing Establishment
t. Retail (Minor)
u. Veterinary Clinic
v. Warehouse
City of Nelson Zoning Bylaw No. 3652, 2026
115
Conditional Uses
4. One dwelling unit shall be permitted in conjunction with each permitted use.
5. The following uses are permitted in the zone, subject to the use-specific
conditions contained in Part 4 "Conditional Uses":
a. Cannabis Retail Store
b. Short-Term Rental
Conditions of Use
6. Cannabis Micro-Processing shall be located in an enclosed building with
odour controls so that any odour emissions cannot be detected beyond any
lot line.
7. Cannabis Micro-Processing must be conducted by means of non-volatile
solvent extraction (butane, propane, and hexane are prohibited).
8. No commercial uses shall involve the exterior, unenclosed storage of goods.
Subdivision
9. The minimum lot width shall be 30 m.
10. The minimum lot area shall be 1,000 sq. m.
Lot Coverage
11. The maximum permitted lot coverage on a lot is 80%.
12. The minimum coverage of permeable surfaces on a lot shall be 10%.
Building Height
13. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building if within 30 m of
the highwater mark of Kootenay
Lake
10.5 m
Principal Building in all other cases
14 m and no more than 4 storeys
Accessory Building
4.5 m
14. The principal building on any lot shall have a minimum of two storeys.
City of Nelson Zoning Bylaw No. 3652, 2026
116
4. T1 Transportation Zone
Purpose
1. The purpose of this zone is to allow for railways and rail yards and the
municipal airport. This zone is compatible with land designated by the
Official Community Plan as "transportation".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the T1 zone:
a. Municipal Airport
b. Parking Lot
c. Railways and Rail Yard
Subdivision
4. The minimum lot width shall be not less than one-tenth of the perimeter of
the lot.
5. The minimum lot area shall be 2 hectares.
Lot Coverage
6. The maximum permitted lot coverage on a lot is 20%.
7. The minimum coverage of permeable surfaces on a lot shall be 10%.
Building Height
8. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
12 m and no more than 3 storeys
Accessory Building
4.5 m
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Setbacks
9. The minimum setback from lot lines shall be as follows:
Front lot line
7.5 m
Rear lot line
4.5 m
Rear lot line adjacent to a lot with
residential zoning
15 m
Exterior side lot line
7.5 m
Interior side lot line
4.5 m
Interior side lot line adjacent to a lot with
residential zoning
15 m
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Part 14: Institutional Zones
Part 14:
Institutional Zones
City of Nelson Zoning Bylaw No. 3652, 2026
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City of Nelson Zoning Bylaw No. 3652, 2026
119
1. I1 Institutional Zone
Purpose
1. The purpose of this zone is to allow for institutional uses and mixed-use
development. This zone is compatible with land designated by the Official
Community Plan as "institutional" and "Tenth Street Campus".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the I1 zone:
a. Art Gallery and Museum
b. Care Services
c. Early Childhood Development Centre
d. Extended Medical Treatment Services
e. Hospital
f. Market
g. Mobile Vendor
h. Parking Lot
i. Participant Recreation Services, Indoor
j. Participant Recreation Services, Outdoor
k. Public Administration
l. Public Assembly
m. School
n. Social Services Centre
Accessory Uses
4. The following uses are permitted in the zone as accessory uses, subject
to one or more permitted uses established in section 3 of this zone being
present on the lot:
a. Multi-Unit Residential
5. For the purposes of section 4 of this zone, the following uses shall not be
considered as permitted uses justifying multi-unit residential as an accessory
use: electric railway, a community garden or public park less than 1,000 sq.
m. in area, market, mobile vendor, parking lot, public trail, and public utility.
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Subdivision
6. The minimum lot width shall be not less than one-tenth of the perimeter of
the lot.
7. The minimum lot area shall be 463 sq. m.
Lot Coverage
8. The maximum permitted lot coverage on a lot is 80%.
a. if lot coverage is below 80%, the minimum coverage of permeable
surfaces on a lot shall be 20%.
Building Height
9. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building if located in Lower Uphill,
as identified in the Official Community Plan
11 m and no more than 3 storeys
Principal Building in all other cases
16 m and no more than 5 storeys
Accessory Building
4.5 m
Setbacks
10. The minimum setback from lot lines shall be as follows:
Front lot line
4.5 m
Rear lot line
4.5 m
Rear lot line adjacent to a lot with residential
zoning
6 m
Exterior side lot line
4.5 m
Interior side lot line
4.5 m
Interior side lot line adjacent to a lot with
residential zoning
6 m
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2. I2 Institutional (Neighbourhood) Zone
Purpose
1. The purpose of this zone is to allow for institutional and mixed-use
development while limiting building height to ensure compatibility with
nearby residential uses. This zone is compatible with land designated by the
Official Community Plan as "institutional".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the I2 zone:
a. Art Gallery and Museum
b. Care Services
c. Early Childhood Development Centre
d. Extended Medical Treatment Services
e. Hospital
f. Market
g. Mobile Vendor
h. Participant Recreation Services, Indoor
i. Participant Recreation Services, Outdoor
j. Public Administration
k. Public Assembly
l. School
m. Social Services Centre
Accessory Uses
4. The following uses are permitted in the zone as accessory uses, subject
to one or more permitted uses established in section 3 of this zone being
present on the lot:
a. Multi-Unit Residential
5. For the purposes of section 4 of this zone, the following uses shall not be
considered as permitted uses justifying multi-unit residential as an accessory
use: electric railway, a community garden or public park less than 1,000 sq.
m. in area, market, mobile vendor, public trail, and public utility.
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Subdivision
6. The minimum lot width shall be not less than one-tenth of the perimeter of
the lot.
7. The minimum lot area shall be 276 sq. m.
Lot Coverage
8. The maximum permitted lot coverage on a lot is 80%.
a. If lot coverage is below 80%, the minimum coverage of permeable
surfaces on a lot shall be 20%.
Building Height
9. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building if located in Lower
Uphill, as identified in the Official
Community Plan
11 m and no more than 3 storeys
Principal Building in all other cases
13.5 m and no more than 4 storeys
Accessory Building
4.5 m
Setbacks
10. The minimum setback from lot lines shall be as follows:
Front lot line
3 m
Rear lot line
3 m
Exterior side lot line
3 m
Interior side lot line
3 m
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3. I3 Institutional (Medical) Zone
Purpose
1. The purpose of this zone is to allow for health care and commercial uses
on lands on View Street across from the Kootenay Lake Hospital. This zone
is compatible with land designated by the Official Community Plan as
"institutional".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the I3 zone:
a. Health Services
b. Restaurant
Conditions of Use
4. Commercial uses shall front the street.
5. No commercial uses shall involve the exterior, unenclosed storage of goods.
6. The restaurant use is restricted to a maximum gross floor area of 50 sq. m.
7. Health Services may have an accessory use limited to dispensing and retail
sales of prescriptions and medications, and other types of health services
goods and equipment, and shall be restricted to a maximum gross floor area
of 75 sq. m.
8. The building and landscape design shall minimize the visual impact of the
building and site within the surrounding residential context.
9. A landscape plan, prepared by a registered Landscape Architect or an architect,
is required for any development on the lot and shall consider the following:
a. Landscaping shall ensure that the site contributes positively to the
use, enjoyment, safety, and aesthetics of neighbouring properties by
addressing issues related to privacy, noise abatement, and visual impact.
b. Landscaping shall be incorporated into the following areas: along all lot
lines and to the edge of streets; between buildings and parking areas;
along on-site access roads; along the sides of buildings; around loading
spaces, as well as mechanical equipment and garbage/recycling areas;
and in all open spaces not required for parking, roads or walkways;
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c. Vegetative screening is required on all sides of the lot where there is an
adjacent residential zone. Screening shall be:
i. A minimum of 1.5 m on the east interior lot line for the first 20 m;
ii. A minimum of 3 m on the reminder of the east interior lot line and
along the entire length of the west interior lot line; and
iii. Continuous along the affected lot lines, interrupted only by walkways
and driveways providing access to the lot.
10. An opaque fence (not chain-link) may be installed on the east and west interior
lot lines to protect the privacy, use, and enjoyment of adjoining residences.
Subdivision
11. The minimum lot area shall be 3,659 sq. m.
12. The maximum lot area shall be 3,659 sq. m.
Lot Coverage
13. The maximum permitted lot coverage on a lot is 40%.
14. The minimum coverage of permeable surfaces on a lot shall be 10%.
Building Height
15. The maximum permitted height of a building is 10 m.
Setbacks
16. The minimum setback from lot lines shall be as follows:
Front lot line
0 m
Rear lot line
4.5 m
Interior side lot line
(the yard, side shall be used for
landscaping only)
3 m
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4. P1 Park and Green Space Zone
Purpose
1. The purpose of this zone is to allow for the preservation and enhancement
of open space, public outdoor recreational opportunities, and limited
public facilities. This zone is compatible with land designated by the Official
Community Plan as "park and green space" and "public utility lands".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the P1 zone:
a. Campground
b. Cemetery
c. Dock, Public
d. Market
e. Mobile Vendor
f. Parking Lot
g. Participant Recreation Services, Outdoor
h. One Restaurant use permitted in Rotary Lakeside Park
Building Height
4. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
12 m and no more than 3 storeys
Accessory Building
4.5 m
Setbacks
5. The minimum setback from lot lines shall be as follows:
Front lot line
4.5 m
Rear lot line
4.5 m
Rear lot line adjacent to a lot with
residential zoning
15 m
Exterior side lot line
4.5 m
Interior side lot line
4.5 m
Interior side lot line adjacent to a lot with
residential zoning
15 m
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5. P2 Water Use Zone
Purpose
1. The purpose of this zone is to allow for water uses on the west arm of
Kootenay Lake. This zone is compatible with land designated by the Official
Community Plan as "water uses".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the P2 zone:
a. Dock, Public
b. Marina
Site-Specific Uses
4. The following uses are permitted only on the following lots:
Permitted Use
Address
Legal Description
Restaurant
P2 zone adjacent
to 910-920
Lakeside Drive
District Lot 4255 Kootenay District together with unsurveyed
Crown foreshore, being part of the bed of Kootenay Lake,
fronting Lakeside Drive (Plan 13535) Kootenay District, as
shown on Schedule 'A'
Conditions of Use, Height, and Size
5. At 910-920 Lakeside Drive, the marina use is limited to sixty boat slips
of which a maximum of 30 slips may be used for vessels whose primary
propulsion system is motorized.
6. All commercial uses (including restaurant and marina) are subject to a
maximum gross floor area of 650 sq. m. and a maximum geodetic height of
545.2 m.
7. The maximum permitted height of a structure is one storey.
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6. P3 Public Utility Lands Zone
Purpose
1. The purpose of this zone is to allow for public utility and outdoor recreation
uses that do not prejudice the future use of the lands for development. This
zone is compatible with land designated by the Official Community Plan as
"public utility lands".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the P3 zone:
a. Campground
b. Dock, Public
c. Natural Resource Development
d. Nursery
e. Parking Lot
f. Participant Recreation Services, Outdoor
Subdivision
4. The minimum lot size is two hectares.
Height
5. The maximum permitted height of a structure is 12 m and three storeys.
Setbacks
6. The minimum setback from any lot line shall be 4.5 m.
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Part 15: Comprehensive
Development (Cd) Zone
Part 15:
Comprehensive
Development (CD)
Zone
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1. Establishment of CD Zones
1. The purpose of this section is to provide regulations related to the creation of
Comprehensive Development (CD) zones to ensure that proposed CD zones
and development are considered appropriate for the lot, having regard for
the policies and objectives of the Official Community Plan and any other
applicable City plan, bylaw or policy.
2. A person applying for the creation of a comprehensive development zone
shall include in the application written justification for all of the following
criteria:
a. the circumstances are such that no other existing zone would be
appropriate or adequate, having regard for existing or future surrounding
development and to the public interest;
b. why the use of any other zone to accommodate the proposed
development would result in potential conflicts with the scale and
character of existing or future surrounding development, should the full
development potential of such zone be utilized;
c. why the proposed development is of a scale, character or complexity
requiring comprehensive planning and implementation, and is of a unique
form or nature not contemplated or reasonably regulated by another
zone; and
d. how the proposed development advances the goals and objectives of the
Official Community Plan.
3. A comprehensive development zone cannot exclude, vary or reduce
landscaping, vehicle or bicycle parking requirements or any other general
regulations of the Zoning Bylaw, unless it can be demonstrated that it furthers
the goals and objectives of the Official Community Plan.
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2. CD1 Mixed-Use Core Zone
Purpose
1. The purpose of this Comprehensive Development Zone is to provide a
site-specific zone for an existing building located at 501 Carbonate Street.
This zone is compatible with land designated by the Official Community Plan
as "mixed-use core".
General
2. Except as otherwise provided for in this zone, Part 3 "General Regulations",
Part 7 "Off-Street Parking Regulations", and Part 8 "Landscape Regulations"
apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the CD1 zone:
a. Multi-Unit Residential
b. Professional and Business Offices
c. Public Assembly
d. Small-Scale Residential
e. Veterinary Clinic
Conditions of Use
4. Professional and Business Offices and Veterinary Clinic are only permitted
on the ground floor.
Existing Building: Setbacks, Lot Coverage, Height, and Parking
5. For the purposes of this zone, "existing building" refers to the building that
existed at 501 Carbonate Street at the time of adoption of this bylaw.
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6. The existing building's siting shall reflect the following site plan:
7. The existing building's height shall not exceed 11 m.
8. The minimum number of off-street parking spaces required for any use in
the existing building shall be zero.
New Construction
9. In the event that the existing building is damaged or destroyed to the extent
of 75% or more of its value above its foundations, any reconstruction shall
follow all provisions of the R3 zone, except permitted uses, and all parking
requirements contained in Part 7, except that the permitted uses of the "CD1
Mixed-Use Core Zone" shall continue to apply.
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3. CD2 Mixed-Use Residential Zone
Purpose
1. The purpose of this Comprehensive Development Zone is to provide a
site-specific zone for mixed-use development for 1014 and 1016 Seventh
Street. This zone is compatible with land designated by the Official
Community Plan as "mixed-use residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the CD2 zone:
a. Commercial Storage
b. Contractor Services, Limited
c. Custom Indoor Manufacturing
d. Live/Work
e. Multi-Unit Residential
f. Participant Recreation Services, Indoor
g. Public Administration
h. Public Assembly
i. School
j. Social Services Centre
Conditional Uses
4. The following uses are permitted in the zone as accessory uses, subject to
the use-specific conditions contained in Part 4 "Conditional Uses":
a. Short-Term Rental
Conditions of Use
5. The maximum gross floor area of a commercial unit shall be 150 sq. m.,
except for two commercial units which may each be a maximum of 250 sq. m.
6. A maximum gross floor area of 670 sq. m. for Commercial Storage shall be
permitted, with a maximum gross floor area of 335 sq. m. for Commercial
Storage permitted per building.
7. No commercial uses shall involve the exterior, unenclosed storage of goods.
8. No commercial uses shall involve the exterior storage, parking, or repair of
vehicles or equipment in excess of 4,000 kilograms of gross weight.
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Subdivision
9. The minimum lot width shall be not less than 15 m or one-tenth of the
perimeter of the lot, whichever is greater.
10. The minimum lot area shall be 900 sq. m.
11. No minimum lot area or lot width requirements apply where a lot is used
solely for parks, playgrounds, public recreation or public utility.
Density
12. The maximum permitted density for multi-unit residential shall be one
dwelling unit per 114 sq. m. of lot area.
Lot Coverage
13. The maximum permitted lot coverage on a lot is 45%.
14. The minimum coverage of permeable surfaces on a lot shall be 20%.
Height
15. A principal building shall not exceed 13.5 m in height and shall not contain
more than 4 storeys.
16. The principal building on any lot shall have a minimum of two storeys.
17. No accessory buildings or structures shall exceed 4.5 m in height, except
in the case of towers, retaining walls, monuments, chimneys, flag poles,
stadium bleachers, lighting poles, elevator shafts, stair towers, scenery lofts,
and radio and television antennas.
18. Landscape screens or fences not exceeding a height of 1.2 m may be sited on
any portion of a lot.
19. Landscape screens or fences not exceeding a height of 2 m may only be sited to
the rear of the face of the principal building that abuts a front lot line and to
the rear of the face of the principal building that abuts an exterior side lot line.
Setbacks
20. A setback of 4.5 m from any lot line shall be required if necessary to separate
residential uses from commercial, industrial or institutional uses.
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4. CD3 Mixed-Use Residential Zone
Purpose
1. The purpose of this Comprehensive Development Zone is to provide a
site-specific zone for multi-unit residential at 808 Radio Avenue. This zone
is compatible with land designated by the Official Community Plan as
"mixed-use residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the CD3 zone:
a. Care Services
b. Multi-Unit Residential
Conditions of Use
4. On any lot with 4 or more dwelling units, one common area for the collection
of recyclable materials shall be provided for the use of the residents.
Subdivision
5. The minimum lot width shall be not less than 15 m.
6. The minimum lot area shall be 463 sq. m.
7. No minimum lot area or width requirements apply where a lot is used solely
for parks, playgrounds, public recreation or public utility.
Density
8. The maximum density per lot shall be 136 dwelling units per gross hectare.
City of Nelson Zoning Bylaw No. 3652, 2026
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Amenity Areas
9. Amenity areas for each dwelling unit shall be provided in accordance with
the following table:
Size of Dwelling Unit
Min. Required Gross Floor Area
for Amenity Areas
Bachelor unit
10 sq. m.
One-bedroom unit
15 sq. m.
Two-bedroom unit
20 sq. m.
Three-bedroom unit
30 sq. m.
Four-bedroom unit
40 sq. m.
Lot Coverage
10. The maximum permitted lot coverage on a lot is 45%.
11. The minimum coverage of permeable surfaces on a lot shall be 20%.
Height
12. A principal building shall not exceed 13.5 m in height and shall not contain
more than 4 storeys.
13. The principal building on any lot shall have a minimum of two storeys.
14. No accessory buildings or structures shall exceed 4.5 m in height.
Setbacks
15. A setback of 4.5 m from any lot line shall be required to separate residential
uses from commercial, industrial or institutional uses.
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5. CD4 Mixed-Use Residential Zone
1.
A covenant will be registered on the marina title to limit permanent boat moorage within the marina to residents
of the East Waterfront located within the boundaries of Elwyn Street, Highway 3, and the natural boundary of
Kootenay Lake.
2.
Parking requirements for Tourist Accommodation shall comply with the requirements of Part 7 of this bylaw.
Purpose
1. The purpose of this comprehensive development zone is to accommodate a
variety of commercial and residential uses, as well as recreational opportunities
for residents, at Nelson Landing (Sproat Drive). This zone is compatible with
land designated by the Official Community Plan as "mixed-use residential".
The zone is comprised of three sub-areas, which are identified in Attachment
B to this zone, and summarized as follows:
Area V: The Pier and Marina accommodates residential, local commercial, public
amenity, and recreational activity - including the water lot area to be used for
marina and commercial purposes. The area does not provide a public foreshore
path along the lakeshore, but public access connections shall be provided to the
foreshore path, recreational water activities, and the waterfront deck open space.
Area W: Nelson Landing Residential accommodates waterfront residential
neighbourhoods with a range of medium-density housing options.
Subarea W1, located within Area W, allows medium-density residential
housing with increased height.
General
2. Part 3 "General Regulations" and Part 8 "Landscape Regulations" apply in
addition to the requirements of this zone, except that:
a. Waste and recycling requirements shall consist of four 11 sq. m.
containers. Containers will be located throughout the development to
minimize intrusion in the landscape and spaced so that residents travel a
maximum of 85 m to access a facility.
b. Except for the site-specific parking requirements as follows, all sections
of Part 7 "Off-Street Parking Regulations" apply in addition to the
requirements of this zone:
Use
Number of Off-Street Parking Spaces
Care Services - Assisted Living units &
Nursing Home units
0.25 spaces per Dwelling Unit for 1-bedroom units
1.25 spaces per Dwelling Unit for 2+ bedroom units
Marina (residential)
5 spaces1
Nelson Landing Commercial (excluding
Tourist Accommodation)2
1 space per 40 sq. m of gross floor area
City of Nelson Zoning Bylaw No. 3652, 2026
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Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, and no others are permitted in Area V of the CD4 zone:
a. Care Services (assisted-living units)
b. Multi-Unit Residential
Local-Serving Commercial
c. Animal Daycare
d. Craft Brewery/Distillery
e. Financial Services
f. Health Services
g. Marina (includes accessory storage, service, repair, sales, social,
educational and other water recreation-related uses)
h. Market
i. Mobile Vendor
j. Neighbourhood Pub
k. Parking Lot
l. Participant Recreation Services, Indoor
m. Participant Recreation Services, Outdoor
n. Personal Service Establishment
o. Professional and Business Offices
p. Restaurant
q. Retail (Minor)
r. Tourist Accommodation
s. Veterinary Clinic
4. In addition to uses permitted citywide under Part 3, the following uses, or
a combination thereof, and no others are permitted in Area W (including
subarea W1) of the CD4 zone:
a. Care Services (assisted-living units)
b. Multi-Unit Residential
c. Pocket Neighbourhood
Subdivision
5. The minimum lot width shall be not less than 12 m.
6. The minimum lot area shall be 370 sq. m.
7. The minimum lot area for Pocket Neighbourhood shall be 1,300 sq. m.
City of Nelson Zoning Bylaw No. 3652, 2026
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Density
8. The maximum density permitted shall be:
a. 265 residential dwelling units (includes Care Services and Tourist
Accommodation units);
b. Maximum residential density shall be restricted to 130 residential or care
service units in Area 'V' and 175 residential or care service units in area
'W' (including area 'W1'). The total number of residential dwelling units
shall not exceed 265;
c. 78 permanent moorage berths in Area 'V'. Public boat access to day-use
dock facilities is not included in the moorage density;
d. 2,500 sq. m. gross floor area of local-serving commercial uses, of which
Professional and Business Office shall be permitted a gross floor area up
to a maximum of 500 sq. m.;
e. Maximum gross floor area of local-serving commercial uses for any one
individual establishment is 465 sq. m., except for Parking Lot, Marina,
and Tourist Accommodation;
f. Maximum number of units allowed for Tourist Accommodation is 40
units;
g. Maximum gross floor area per individual dwelling unit in a Pocket
Neighbourhood is 150 sq. m.; and
h. Maximum number of dwelling units developed as Pocket
Neighbourhood is 22.
Amenity Areas
9. The total amenity area required for all multi-unit and mixed-use
developments in the zone shall be the total amount of land dedicated to the
City of Nelson in the form of the Foreshore path and Red Sands Beach.
10. For Pocket Neighbourhood, a minimum of 15% of the lot shall be retained as
outdoor amenity space.
Lot Coverage
11. The maximum permitted lot coverage on a lot is 55%.
a. In Area V, lot coverage calculation shall only be applied to the land
portion. Area 'V' (Water) shall not be regulated by lot coverage. On
the land portion, lot coverage shall be measured to include any new
habitable buildings or structures but excluding parking structure roofs
and/or suspended decks used for pedestrian access.
12. The minimum coverage of permeable surfaces on a lot shall be 20%.
City of Nelson Zoning Bylaw No. 3652, 2026
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Height
13. The maximum permitted height of a building shall be as follows:
Area V
Maximum Height
Principal Building
16 m
Accessory Building
4.5 m
Area W (including sub-area W1)
Principal Building
11 m
Principal Building (in sub-area W1)
16 m
Accessory Building
4.5 m
Sub-Area W1 - Pocket Neighbourhood
Principal Building
The lesser of 9 m or 2 storeys
above parking level
Accessory Building
4.5 m
a. In Area 'V', the height for all residential and commercial buildings shall
be measured from the finished top of the pier or concrete structure on
which the main building entry is located.
b. In sub-area 'W1', no building shall exceed 16 m in height. Portions of
buildings that are greater than 11 m in height shall not exceed 3,000 sq.
m. In addition, no enclosed building area over 11 m in height shall be
located closer than 15 m from the westerly boundary of Plan NEP70102.
c. Rigging lofts, and any lifts, hoists and/or any other equipment, structures
or buildings related to the operation of the marina may exceed 4.5 m in
height.
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Setbacks
14. The minimum setback from lot lines shall be as follows and as per
Attachment C to this zone:
Area V
Minimum Setback
Front lot line
0 m
Rear lot line
0 m
Exterior side lot line
0 m
Interior side lot line
0 m
A lot adjacent to a lot with R1 zoning
3 m
Area W (including sub-area W1)
Front lot line
a. Municipal street
-Principal building (not including garage)
4.5 m
-Accessory building (detached or attached garage)
0.6 m
b. Bare Land Strata road
-Principal or accessory building
4.5 m
Rear lot line
4.5 m
Adjacent to Foreshore Path
4.5 m
Interior side lot line
1.5 m
Exterior side lot line
4.5 m
Sub-Area W1 - Pocket Neighbourhood
Setback line (fronting municipal road)
4.5 m
Exterior side lot line
3 m
Interior side lot line
1.5 m
15. Building projections (including building elements such as roof overhangs,
unenclosed decks or balconies) are permitted in setbacks as noted below:
a. In setbacks adjacent to municipal roads, building projections may be sited
no closer than 1 m for principal buildings to the lot line. Accessory use
(garage) projections can be sited no closer to the property line than 0.1 m.
b. In setbacks adjacent to strata roads, building projections may be sited no
closer than 0.1 m to the strata road line for all building types.
c. In setbacks adjacent to the Foreshore Path, the principal building and
building projections can encroach into the rear setback area up to 12%
of the 4.5 m rear setback area (calculated as the total area of both deck
cover plus principal building cover intruding into the setback divided by
the total area of the 4.5 m rear setback), but no portion of the principal
building or deck may be sited closer than 1 m to the Foreshore Path.
City of Nelson Zoning Bylaw No. 3652, 2026
141
Works and Services
16. The road classification, layout and cross section details for this zone as shown
on Attachments D, E, F, and G are summarized in the following table:
Road Classification and Cross-Section Details
Roadway
Classification
Right-
of-
Way
Path/
Road
Width
Lane
Width
Parking
Shoulder
Curb
Type
Sidewalks
Bicycle
Facilities
Multi-Use
Pathway
5.0 m
3.5 m
n/a
n/a
0.5 m
(gravel)
n/a
n/a
Shared
Local Roadway
- urban
12.0
m
7.0 m
2 x
3.5 m
parking in
designated
pull-outs
only
n/a
barrier
and
rollover
1.5 m (one
side)
Shared
17. Path standards and locations are identified in Attachments D and E.
18. Additional cross-section details related to aspects of the site servicing not
referenced here can be found in the Subdivision and Development Servicing
Bylaw.
19. All one- and two-unit residential driveway accesses shall have a minimum
width of 3 m and a maximum width of 6 m.
20. Multi-use pathways shall be constructed using crushed limestone or alternate
material as approved by the City Engineer as a permeable surface material.
21. Pavement structure to be provided as follows:
Design Traffic (EASL)
2.8 x 104
Sub-base
Base
Hot Mix Asphalt
300 mm
100 mm
75 mm
Servicing ROW requirements
22. The Rights-of-Way (R.O.W.) requirements for the provision of services for
storm drainage, sanitary sewer, and water for Nelson Landing for single
service are as follows:
R.O.W. width = twice the depth from surface to the crown of the pipe or
a 3.0 m minimum width, whichever is greater. In all cases, the width of
rights-of-way shall be sufficient to permit an open excavation with side slopes
in accordance with the WorkSafe BC regulations, without impacting on or
endangering adjacent structures.
City of Nelson Zoning Bylaw No. 3652, 2026
142
Attachment A to CD4
City of Nelson Zoning Bylaw No. 3652, 2026
143
Attachment B to CD4
City of Nelson Zoning Bylaw No. 3652, 2026
144
Attachment C to CD4
City of Nelson Zoning Bylaw No. 3652, 2026
145
Attachment D to CD4
City of Nelson Zoning Bylaw No. 3652, 2026
146
Attachment E to CD4
City of Nelson Zoning Bylaw No. 3652, 2026
147
6. CD5 Small-Scale Residential Zone
Purpose
1. The purpose of this Comprehensive Development Zone is to provide a
site-specific zone for small-scale residential along West Richards Street. This
zone is compatible with land designated by the Official Community Plan as
"small-scale residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the CD5 zone:
a. Care Services (for no more than 8 persons)
b. Small-Scale Residential
c. Transition House
Conditional Uses
4. The following uses are permitted in the zone as accessory uses, subject to
the use-specific conditions contained in Part 4 "Conditional Uses":
a. Short-Term Rental
Density
5. The maximum density on lots less than or equal to 280 sq. m. is three
dwelling units.
6. The maximum density on lots greater than 280 sq. m. is four dwelling units.
Subdivision
7. The minimum lot width shall be 12 m.
8. The minimum lot area shall be 370 sq. m.
City of Nelson Zoning Bylaw No. 3652, 2026
148
Lot Coverage
9. The maximum permitted lot coverage and minimum required permeable
surfaces on a lot shall be determined according to density as follows:
1 dwelling unit
2 or 3 dwelling
units
4 dwelling units,
Care Services, or
Transition House
Maximum permitted lot coverage
35%
40%
45%
Minimum coverage of permeable
surfaces
30%
10. On lots less than 370 sq. m. in area, the maximum permitted lot coverage
determined in section 9 shall be increased by 5%.
Building Height
11. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
11 m and no more than 3 storeys
Accessory Building
4.5 m
Laneway House
5.8 m
Above-Garage Suite
6.1 m
Setbacks
12. The minimum setback from lot lines shall be as follows:
Principal Building
Carport
Any other
accessory
building
Front lot line
3 m
1.5 m
3 m
Rear lot line
3 m
1.5 m
Exterior and interior side lot line for
lots with a front lot line greater than
9.2 m
1.2 m
Exterior and interior side lot line for
lots with a front lot line less than 9.2 m
1 m, except that the minimum permitted setback from one
interior side lot line only shall be 0.76 m
13. Despite section 12, where a common party wall exists, the minimum required
setback from one interior side lot line shall be reduced to 0 m, provided that
one setback from an interior side lot required under section 12 is maintained
per lot.
City of Nelson Zoning Bylaw No. 3652, 2026
149
14. Despite section 12, where chimneys, chimney chases, bay floor areas to a
maximum of 0.93 sq. m. per bay area and a maximum of 3 bay areas per
floor, uncovered steps or eaves project beyond the face of a building, the
minimum distance to:
a. an abutting interior side lot line may be reduced by not more than 0.3
m.; and
b. an abutting exterior side, front, or rear lot line may be reduced by not
more than 0.6 m,
providing that such reduction shall apply only to the projecting feature.
City of Nelson Zoning Bylaw No. 3652, 2026
150
7. CD6 Mixed-Use Residential Zone
Purpose
1. The purpose of this Comprehensive Development Zone is to provide a
site-specific zone for mixed-use development for 805 Nelson Avenue. This
zone is compatible with land designated by the Official Community Plan as
"mixed-use residential".
General
2. Part 3 "General Regulations" and Part 8 "Landscape Regulations" apply in
addition to the requirements of this zone.
3. Except for the site-specific parking requirements as follows, all sections of
Part 7 "Off-Street Parking Regulations" apply in addition to the requirements
of this zone:
Use
Number of Required Off-Street Parking Spaces
Multi-Unit Residential (studio, one-bedroom,
two-bedroom dwelling units)
0.4 spaces per dwelling unit
Permitted Uses
4. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the CD6 zone:
a. Animal Daycare
b. Care Services
c. Custom Indoor Manufacturing
d. Financial Services
e. Health Services
f. Live/Work
g. Participant Recreation Services, Indoor
h. Personal Service Establishment
i. Professional and Business Offices
j. Restaurant
k. Retail (Minor)
l. Veterinary Clinic
Conditional Uses
5. Multi-Unit Residential shall be a permitted use when combined with one or
more of the uses listed in section 4, provided that the residential use:
a. is contained in the same building; and
b. has a separate exterior entrance.
City of Nelson Zoning Bylaw No. 3652, 2026
151
Conditions of Use
6. Commercial uses shall front the street.
7. All non-residential uses shall be limited in size to a gross floor area of 150
sq. m. per business, with the exception that 2 businesses per lot shall be
permitted to be a maximum of 250 sq. m. gross floor area.
8. Professional and Business Offices and Health Services are limited to a
maximum of 20% of the gross floor area of any building.
9. No commercial uses shall involve the exterior, unenclosed storage of goods.
Subdivision
10. The minimum lot width shall be not less than 30 m.
11. The minimum lot area shall be 1,000 sq. m.
Lot Coverage
12. The maximum permitted lot coverage on a lot is 60%.
13. The minimum coverage of permeable surfaces on a lot shall be 20%.
Height
14. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
13.5 m and no more than 4 storeys
Accessory Building
4.5 m
15. The principal building on any lot shall have a minimum of two storeys.
Setbacks
16. The minimum setback from lot lines shall be as follows:
Front lot line
0 m
Rear lot line
3 m
Accessory Buildings
1.5 m
Exterior side lot line
2.5 m
Interior side lot line
0 m
If lot is not served by a constructed rear
lane, one interior side setback shall be:
3 m
If lot is adjacent to a lot with residential
zoning, the interior lot line adjacent to the
lot with residential zoning shall be:
1.5 m
City of Nelson Zoning Bylaw No. 3652, 2026
152
8. CD7 Multi-Unit Residential Zone
Purpose
1. The purpose of this Comprehensive Development Zone is to provide a site-specific zone for both
small-scale residential and multi-unit residential at 1904-1908 Silver King Road. This zone is
compatible with land designated by the Official Community Plan as "multi-unit residential".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part 8 "Landscape
Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a combination
thereof, are permitted in the CD7 zone:
a. Care Services
b. Multi-Unit Residential
c. Small-Scale Residential
Conditional Uses
4. The following uses are permitted in the zone as accessory uses, subject to the use-specific
conditions contained in Part 4 "Conditional Uses":
a. Short-Term Rental
City of Nelson Zoning Bylaw No. 3652, 2026
153
Zoning Regulations
5. The minimum coverage of permeable surfaces on a lot shall be 30%.
6. The following zoning regulations shall be determined according to the
number of dwelling units on a lot as follows:
3 or more dwelling units
1-2 dwelling units
Maximum Lot Coverage
45%
35%
Minimum lot area
1,000 sq. m.
495 sq. m.
Minimum lot width
30 m
15 m
Minimum required density
Three dwelling units
One dwelling unit
Maximum permitted density
The greater of: four dwelling units, or 60 dwelling units per
gross hectare
Maximum Height
Principal Building
12 m, and not more than 4
storeys
11 m, and not more than 3
storeys
Accessory Building
4.5 m
Laneway House
5.8 m
Above-Garage Suite
6.1 m
Minimum Setbacks
Front lot line
4.5 m
Carport
1.5 m
Rear lot line
4.5 m
Accessory Building
1.5 m
Exterior side lot line
4.5 m
1.5 m
Interior side lot line
3 m
1.5 m
Accessory Building
1.5 m
City of Nelson Zoning Bylaw No. 3652, 2026
154
9. CD8 Mixed-Use Core Zone
Purpose
1. The purpose of this Comprehensive Development Zone is to provide a
site-specific zone for a building that includes a mix of residential and
recreational uses at 818-824 Front Street. This zone is compatible with land
designated by the Official Community Plan as "mixed-use core".
General
2. Part 3 "General Regulations", Part 7 "Off-Street Parking Regulations", and Part
8 "Landscape Regulations" apply in addition to the requirements of this zone.
Permitted Uses
3. In addition to uses permitted citywide under Part 3, the following uses, or a
combination thereof, are permitted in the CD8 zone:
a. Multi-Unit Residential
b. Parking Lot
c. Participant Recreation Services, Indoor
d. Professional and Business Offices
e. Public Administration
f. Public Assembly
Conditions of Use
4. Exterior, unenclosed storage of goods or materials is not permitted.
Subdivision
5. The minimum lot width shall be 7.6 m.
6. The minimum lot area shall be 278 sq. m.
City of Nelson Zoning Bylaw No. 3652, 2026
155
Building Height
7. The maximum permitted height of a building shall be as follows:
Maximum Building Height
Principal Building
18 m and no more than 6 storeys
Accessory Building
4.5 m
8. The principal building on any lot shall have a minimum of two storeys.
Setbacks
9. The minimum setback from lot lines shall be as follows:
Front lot line
0 m
Rear lot line
0 m, but 1.5 m if the lot is not
served by a constructed rear lane
Exterior side lot line
0 m
Interior side lot line
0 m
Page 156
Part 16:
Title and Effective Date
THE CORPORATION OF THE CITY OF NELSON
BYLAW NO. 3652, 2026
BEING A BYLAW TO REGULATE ZONING WITHIN THE CITY OF NELSON
1. This Bylaw shall take effect immediately.
2. This Bylaw may be cited as "Zoning Bylaw No. 3652, 2026"
READ A FIRST TIME the 3rd day of March, 2026
READ A SECOND TIME the 3rd day day of March, 2026
PUBLIC HEARING HELD the 24th day of March, 2026
READ A THIRD TIME the 24th day of March, 2026
APPROVED PURSUANT TO THE TRANSPORTATION ACT
The 7th day of April, 2026
Originally signed: "Rajeeta Bains"
FINALLY PASSED AND ADOPTED the 14th day of April, 2026
Janice Morrison
Mayor
Sarah Winton
Corporate Officer
City of Nelson Zoning Bylaw No. 3652, 2026
157
Schedule
A: Zoning
Map
Schedule A: Zoning Map
Zoning Bylaw No. 3652, 2026
ScheduleA
Public Utility Lands
City of Nelson Boundary
Waterbody
Stream or Shoreline
Highway
Road
Railway
Residential
R1 - Small-Scale Residential
R2 - Multi-Unit Residential
R3 - Multi-Unit Residential (Lower Uphill)
R4 - Multi-Unit Residential
R5 - Small-Scale and Multi-Unit
Residential (Manufactured Home Parks)
GP1 - Granite Pointe Redevelopment
Mixed-Use
N1 - Neighbourhood Mixed-Use
MU1 - Mixed-Use Residential
MU2 - Mixed-Use Residential (Waterfront
Tourist Commercial)
MU3 - Mixed-Use Residential (Waterfront)
MU4 - Mixed-Use Residential (Railtown)
Commercial
C1 - Mixed-Use Core
C2 - Mixed-Use Core (Downtown
Interface)
C3 - Mixed-Use Core (City Hall)
C4 - Mixed-Use Core (Railtown)
HC1 - Highway Commercial
Industrial
M1 - Mixed-Use Commercial-Industrial
M2 - Mixed-Use Commercial-Industrial
(Railtown)
M3 - Mixed-Use Commercial-Industrial
(Waterfront)
T1 - Transportation
Institutional
I1 - Institutional
I2 - Institutional (Neighbourhood)
I3 - Institutional (Medical)
P1 - Park and Green Space
P2 - Water Use
P3 - Public Utility Lands
Comprehensive Development
CD1 - Mixed-Use Core
CD2 - Mixed-Use Residential
CD3 - Mixed-Use Residential
CD4 - Mixed-Use Residential
CD5 - Small-Scale Residential
CD6 - Mixed-Use Residential
CD7 - Multi-Unit Residential
CD8 - Mixed-Use Core
The map data shown are approximate
representations for reference purposes only. The
Regional District of Central Kootenay is not liable for
any errors or omissions on this map nor any loss or
damage resulting its use.
0
0
0.5
0.5
1 Km
1 Km
1:60,000
1:26,000
W e s t
A r m
o f
K o o t e n a y
L a k e
March 02, 2026
Size: 8.5 x 11"
PCS: NAD83/UTM Zone 11N
Author: Chenoa McLean
City of Nelson Zoning Bylaw No. 3652, 2026
158
Schedule B: Cannabis Zoning Map
KOOTENAY LAKE
(WEST ARM)
KOOTENAY LAKE
KOOTENAY LAKE
(WEST ARM)
KOOTENAY LAKE
Davies
Street
Park
Queen
Elizabeth
Park
Chatham
Street
Playground
Rotary
Lakeside
Park
Price
Phillip
Park
Gyro
Park
City
Campground
I.O.D.E.
Park
Cottonwood
Falls Park
Hume
Elementary
School
L.V. Rogers
Secondary
School
South
Nelson
Elementary
Trafalger
Middle
School
Central School
(Wildflower
& DESK)
St Joseph
School
Nelson & District
Community
Complex
Civic
Centre
Nelson
Curling
Rink
West
Waterfront
Hendryx
Street
Park
COTTONWOOD ST
KOKANEE AVE
CHATHAM ST
CEDAR ST
JOSEPHINE ST
KOOTENAY ST
FOURTH ST
ANDERSON ST
FRONT ST
GORE ST
CHERRY ST
MILL ST
YMIR RD
OBSERVATORY ST
SEVENTH ST
ELWYN ST
HOOVER ST
EIGHTH ST
DAVIES ST
UNION ST
BEHNSEN ST
SIXTH ST
STANLEY ST
PARK ST
SECOND ST
CHERRY ST
MILL ST
HALL
MINES
RD
BAKER ST
FELL ST
SVOBODA
RD
HENDRYX ST
KOOTENAY ST
HALL ST
FALLS ST
MILL ST
LATIMER ST
CARBONATE ST
WATER ST
FALLS ST
HAMPTON GREY PL
THIRD ST
BEATTY
AVE
HIGH ST
SILICA ST
MCQUARRIE AVE
LAKEVIEW
CRES
GOVERNMENT
RD
JOHN ST
CHATHAM ST
FOSTER PL
WILLOW ST
ANDERSON ST
PINE ST
RAILWAY ST
MOUNTAIN
RD
NINTH ST
GORDON RD
WILLIAM ST
CARBONATE
ST
HALL ST
INNES ST
ROBSON ST
FELL ST
SECOND ST
GYRO PARK LN
KOKANEE AVE
OBSERVATORY ST
PARK ST
SILICA ST
MAPLE
GROVE LANE
LAKE ST
TREVOR ST
HOOVER ST
HENDRYX ST
SIMPSON
RD
WEST OAK ST
SOUTH POPLAR ST
VICTORIA ST
HERRIDGE LANE
CARBONATE ST
MCHARDY ST
FIRST ST
MAPLE ST
REGENT ST
EIGHTH ST
FIFTH ST
ELEVENTH ST
PINE ST
DOUGLAS RD
EAST OAK ST
MCDONALD DR
PINE ST
SELBY ST
BAKER ST EXT
HAMILTON
AVE
HIGHWAY 3A AND
6
LAKESIDE DR
CANADIAN PACIFIC RAILWAY
PARK ST
WARD ST
YMIR
RD
MORGAN ST
HIGHWAY 3A
AND 6
VERNON ST
NELSON AVE
NELSON AVE
VIEW ST
VIEW ST
TENTH ST
SIXTH ST
EDGEWOOD
AVE
GYRO PARK RD
35
207
417
0
301
1601
1401
1201
1001
223
0
1
801
1221
501
1101
801
309
201
0
305
701
0
915
303
601
1021
1001
901
401
0
1015
721
317
201
1
901
321
201
1201
82
510
201
1101
501
1501
501
201
501
211
501
315
315
315
1301
301
901
211
701
1201
1011
411
515
551
521
516
551
213
313
514
0
1203
0
801
1001
1001
1020
805
201
207
1113
701
1
517
501
201
2
1001
35
400
1001
401
401
301
301
0
0
301
511
201
601
101
0
701
601
1101
609
1101
219
709
505
113
1
0
101
1401
1201
1001
701
401
201
1101
401
1300
1101
1101
201
1201
1101
1001
201
1
1101
1001
1201
1201
1001
0
901
901
901
901
1001
0
401
101
1401
701
1201
205
1101
1117
701
701
1201
701
701
801
801
1001
701
301
1201
801
701
1101
901
1301
1101
801
901
1501
301
901
801
101
601
701
801
801
1101
801
701
801
801
801
901
1101
1401
1201
601
901
1101
901
901
1301
701
1201
701
801
601
601
601
601
1101
1401
1001
1101
701
1201
1001
601
701
601
1001
601
601
701
1001
1301
1101
601
1001
601
1301
501
81
1001
401
501
309
11
401
1101
401
401
501
301
501
901
0
201
301
401
901
401
401
401
901
401
41
101
801
801
701
501
901
901
801
501
801
901
701
701
1001
701
1001
1101
501
401
901
701
401
901
401
801
901
501
501
200
1001
501
901
301
501
201
701
301
701
401
301
1001
401
701
301
301
501
601
401
501
401
401
501
501
701
301
801
401
701
301
601
801
801
601
601
701
801
601
801
601
601
601
701
701
801
1101
1001
901
901
601
601
301
1101
1401
101
401
201
201
0
1301
801
201
601
601
505
1301
301
201
0
0
401
401
700
801
501
601
901
301
501
901
401
901
501
901
501
501
601
901
501
901
301
601
601
601
45
700
301
501
601
401
601
601
103
1
901
0
101
701
701
701
801
801
701
801
701
701
701
801
801
701
901
101
1001
201
305
51
501
101
301
201
501
0
1001
101
50
101
213
201
101
900
2
501
301
101
301
55
1101
301
1201
35
211
0
401
801
1103
91
801
81
17
28
0
1
101
0
701
149
1201
1
401
1
0
75
0
Prepared by:
Michelle West, City of Nelson Development Services
Suite, 101 - 310 Ward Street Nelson, BC V1L 5S4
www.nelson.ca
:
Zoning Bylaw No. 3199, 2013
Zoning Map - Schedule C
Plotted: Monday, June 04, 2018
Schedule C
A maximum of five (5) Cannabis Retail Stores are permitted:
I. Downtown area maximum of two (2) Cannabis Retail Stores;
II. Railtown area maximum of one (1) Cannabis Retail Store;
III. Nelson Ave / Hwy 3A area maximum of one (1) Cannabis Retail Store;
IV. Industrial / Lakeside area maximum of one (1) Cannabis Retail Store;
CITY OF NELSON
Consolidated for reference purposes only
Map Projection: UTM Zone 11 Map Datum: NAD83
0
125
250
375
500
62.5
Meters
1:3,000
LEGEND
Legal Parcels
Unpermitted Areas
Parks and Playgrounds
Schools and Youth Facilities
City of Nelson Boundary
Kootenay Lake/ River
Highways
Roads
Creeks
Permitted Cannabis Commercial Areas
Downtown Area
Railtown Area
Nelson Ave / Hwy 3A Area
Industrial / Lakeside Area
City of Nelson Zoning Bylaw No. 3652, 2026
159
Schedule C: Downtown
Parking Area Map
City of Nelson Zoning Bylaw No. 3652, 2026
160
Schedule D: Prohibited
Plant List: Known
Invasive Species
African rue / harmal (Peganum harmala)
Annual bugloss
Annual sow thistle (Sonchus oleraceus)
Baby's breath (Gypsophila paniculata)
Bachelor's-button / Cornflower (Centaurea
cyanus)
Bighead / Giant knapweed (Centaurea
macrocephala)
Black henbane (Hyoscyamus niger)
Black knapweed (Centaurea nigra)
Black locust (Robinia pseudoacacia)
Blueweed (Echium vulgare)
Bohemian knotweed (Reynoutria / Fallopia x
bohemica)
Brazilian elodea (Egeria densa)
Bristly locust / rose acacia (Robinia hispida)
Broad-leaved peavine (Lathyrus latifolius)
Brown knapweed (Centaurea jacea)
Buffalo-bur (Solanum rostratum)
Bull thistle (Cirsium vulgare)
Bur chervil (Anthriscus caucalis)
Butterfly-bush (Buddleja davidii)
Camel thorn (Alhagi maurorum)
Canada thistle (Cirsium arvense)
Caraway (Carum carvi)
Carpet burweed (Soliva sessilis)
Cheatgrass / downy brome (Bromus
tectorum)
Chicory (Cichorium intybus)
Chilean tarweed (Madia sativa)
Clary sage (Salvia sclarea)
Coltsfoot (Tussilago farfara)
Common bugloss (Anchusa officinalis)
Common burdock (Arctium minus)
Common comfrey (Symphytum officinale)
Common crupina (Crupina vulgaris)
Common frogbit (Hydrocharis morsus-range)
Common periwinkle (Vinca minor)
Common tansy (Tanacetum vulgare)
Creeping buttercup (Ranunculus repens)
Curled dock (Rumex crispus)
Curly leaf pondweed (Potamogeton crispus)
Cutleaf evergreen blackberry (Rubus
laciniatus)
Cypress spurge (Euphorbia cyparissias)
Dalmatian toadflax (Linaria genistifolia spp.
dalmatica)
Dames rocket (Hesperis matronalis)
City of Nelson Zoning Bylaw No. 3652, 2026
161
Daphne / spurge-laurel (Daphne laureola)
Dense-flowered cordgrass (Spartina
densiflora)
Diffuse knapweed (Centaurea diffusa)
Dyer's woad (Isatis tinctoria)
Eggleaf spurge (Euphorbia oblongata)
English cordgrass (Spartina anglica)
English holly (Ilex aquifolium)
English ivy (Hedera helix)
Eurasian watermilfoil (Myriophyllum
spicatum)
European bittersweet / climbing nightshade
(Solanum dulcamara)
European common reed (Phragmites australis
subsp. australis)
Fanwort (Cabomba caroliniana)
Feathered mosquito-fern (Azolla pinnata)
Field bindweed (Convolvulus arvensis)
Field scabious (Knautia arvensis)
Flat pea / flat peavine (Lathyrus sylvestris)
Floating primrose-willow
Flowering rush (Butomus umbellatus)
Foxglove (Digitalis purpurea)
Fragrant waterlily (Nymphaea odorata subsp.
odorata)
French broom (Genista monspessulana)
Fuller's Teasel (Dipsacus fullonum)
Garden sorrel
Garden yellow loosestrife (Lysimachia
vulgaris)
Garlic mustard (Alliaria petiolata)
Giant hogweed (Heracleum mantegazzianum)
Giant knotweed (Reynoutria / Fallopia
sachalinensis)
Giant reed / giant cane (Arundo donax)
Giant salvinia (Salvinia molesta)
Goat's rue / french lilac (Galega officinalis)
Gorse (Ulex europaeus)
Goutweed / bishop's weed (Aegopodium
podagraria)
Great burdock (Arctium lappa)
Greater celandine (Chelidonium majus)
Greater knapweed (Centaurea scabiosa)
Green foxtail / green bristlegrass (Setaria
viridis)
Hairy cat's-ear (Hypochaeris radicata)
Halogeton / saltlover (Halogeton glomeratus)
Heart-podded hoarycress (Lepidium /
Cardaria draba)
Herb-Robert (Geranium robertianum)
Himalayan blackberry (Rubus armeniacus)
Himalayan knotweed (Persicaria wallichii /
Polygonum polystachyum)
Hoary alyssum (Berteroa incana)
Hound's-tongue (Cynoglossum officinale)
Hydrilla (Hydrilla verticillata)
Iberian starthistle (Centaurea iberica)
Italian arum (Arum italicum)
Italian plumeless thistle (Carduus
pycnocephalus)
Japanese butterbur (Petasites japonicus)
Japanese knotweed (Reynoutria / Fallopia
japonica)
Johnsongrass (Sorghum halepense)
Jointed goatgrass (Aegilops cylindrica)
City of Nelson Zoning Bylaw No. 3652, 2026
162
Jubata grasses
Kochia / Summer Cypress (Bassia / Kochia
scoparia)
Kudzu (Pueraria montana)
Leafy spurge (Euphorbia esula)
Longspine sandbur (Cenchrus longispinus)
Maltese star-thistle (Centaurea melitensis)
Marsh plume thistle / Marsh thistle (Cirsium
palustre)
Meadow buttercup (Ranunculus acris)
Meadow clary (Salvia pratensis)
Meadow knapweed (Centaurea x moncktonii
/ debeauxii)
Meadow salsify / goats-beard (Tragopogon
pratensis)
Mediterranean sage (Salvia aethiopsis)
Medusahead (Taeniatherum caput-medusae)
Milk thistle (Silybum marianum)
Mountain bluet (Centaurea montana)
Mouse ear hawkweed (Pilosella officinarum /
Hieracium pilosella)
Mullein (Verbascum thapsus)
Myrtle spurge (Euphorbia myrsinites)
Nodding / musk thistle (Carduus nutans)
North Africa grass (Ventenata dubia)
Norway Maple
Orange hawkweed (Pilosella aurantiaca /
Hieracium aurantiacum)
Oxeye daisy (Leucanthemum vulgare)
Pampas grasses
Parrot's feather / Brazilian watermilfoil
(Myriophyllum aquaticum)
Perennial pepperweed (Lepidium latifolium)
Perennial sow-thistle (Sonchus arvensis)
Plumeless thistle (Carduus acanthoides)
Poison hemlock (Conium maculatum)
Policeman's helmet / himalayan balsam
(Impatiens glandulifera)
Portuguese broom (Cytisus striatus)
Princess tree / Royal Paulownia (Paulownia
tomentosa)
Puncture vine (Tribulus terrestris)
Purple / red starthistle (Centaurea calcitrapa)
Purple loosestrife (Lythrum salicaria)
Purple nutsedge (Cyperus rotundus)
Queen Anne's lace / wild carrot (Daucus
carota)
Red bartsia (Odontites serotina)
Reed canary grass (Phalaris arundinacea)
Rush skeletonweed (Chondrilla juncea)
Russian knapweed (Rhaponticum / Acroptilon
repens)
Russian olive (Elaeagnus angustifolia)
Russian thistle (Salsola tragus / kali)
Saltcedar / tamarisk (Tamarix ramosissima)
Salt-meadow cordgrass (Spartina patens)
Scentless chamomile (Tripleurospermum
inodorum / Matricaria perforata)
Scotch broom (Cytisus scoparius)
Scotch thistle (Onopordum acanthium)
Sea buckthorn
Shiny geranium (Geranium lucidum)
Short-fringed knapweed (Centaurea
nigrescens)
Siberian elm (Ulmus pumila)
City of Nelson Zoning Bylaw No. 3652, 2026
163
Silverleaf nightshade (Solanum
elaeagnifolium)
Slender false brome / false brome
(Brachypodium sylvaticum)
Slender meadow foxtail (Alopecurus
myosuroides)
Slenderflower thistle / winged thistle
(Carduus tenuiflorus)
Smooth cordgrass (Spartina alterniflora)
Smooth hawkweed (Hieracium laevigatum)
Spanish broom (Spartium junceum)
Spotted knapweed (Centaurea stoebe /
biebersteinii)
Spring millet grass (Milium vernale)
Spurge flax (Thymelaea passerina)
Squarrose knapweed (Centaurea virgata ssp.
squarrosa)
St. John's-wort (Hypericum perforatum)
Sulphur cinquefoil (Potentilla recta)
Sweet fennel (Foeniculum vulgare)
Syrian bean-caper (Zygophyllum fabago)
Tansy ragwort (Jacobaea vulgaris / Senecio
jacobaea)
Texas blueweed (Helianthus ciliaris)
Tree of heaven (Ailanthus altissima)
Variable leaf milfoil (Myriophyllum
heterophyllum)
Velvet-leaf (Abutilon theophrasti)
Wand loosestrife (Lythrum virgatum)
Water chestnut (Trapa natans)
Water hyacinth (Eichhornia crassipes)
Water lettuce (Pistia stratiotes)
Water primrose
Water soldier (Stratiotes aloides)
Western salsify / goat's-beard (Tragopogon
dubius)
Whiplash hawkweed (Pilosella flagellaris /
Hieracium flagellare)
White flowered broom (Cytisus multiflorus)
Wild / common parsnip (Pastinaca sativa)
Wild chervil (Anthriscus sylvestris)
Wild four o'clock (Mirabilis nyctaginea)
Wood sage (Salvia nemorosa)
Wormwood (Artemisia absinthium)
Yellow archangel (Lamiastrum galeobdolon)
Yellow bedstraw
Yellow floating heart (Nymphoides peltata)
Yellow hawkweed species (Hieracium /
Pilosella spp.)
Yellow iris (Iris pseudacorus)
Yellow nutsedge / nut-grass (Cyperus
esculentus)
Yellow starthistle (Centaurea solstitialis)
Yellow/common toadflax (Linaria vulgaris)
Yellowdevil hawkweed (Pilosella glomerata /
Hieracium glomeratum)
City of Nelson Zoning Bylaw No. 3652, 2026
164
Appendix A: Diagrams
Appendix A:
Diagrams
City of Nelson Zoning Bylaw No. 3652, 2026
164
City of Nelson Zoning Bylaw No. 3652, 2026
165
Figure 1: Building Height
Top of
Supporting Wall
Highest Peak
Mid-Point
Height
Top of
Supporting Wall
Top of
Supporting Wall
Highest Peak
Mid-Point
Mid-Point
Height
Multiple Peaks (Detached)
Grambel Roof
Height
Height
Highest Peak
Shed Roof
Average Finished
Ground Elevation
Corners C & D
Corners
A & B
Top of
Supporting Wall
Highest Peak
Mid-Point
Corner B
Corner A
Corner C
Corner D
Average Finished
Ground Elevation =
Corners (A+B+C+D)
4
Elevation View
Plan View
These diagrams are provided for convenience purposes only. If there is a discrepancy between the text definition and a diagram, the text prevails.
Average Finished
Ground Elevation
"Height", in relation to buildings
and structures other than fences
and retaining walls, means the
maximum vertical distance
between:
- the highest point of a
building with a non-sloping
roof, or the mid-point of a
sloping roof; and
- the average finished grade
level at the base of the
outside walls around the
building (excluding window
wells and access stairwells).
When ground-oriented
residential development
is configured so that
primary dwelling units
are side-by-side, such as
townhouses or a front-back
duplex (but excluding
apartment buildings), height
is measured per dwelling unit.
"Mid-Point of a Sloping Roof"
means the halfway point of a roof
that falls between the top of the
highest peak and the top of its
supporting wall.
City of Nelson Zoning Bylaw No. 3652, 2026
166
Figure 2: Lot Coverage
House
Shed
Garage or
Carport
Deck
1
1
1
1
2
6
2
6
3
5
5
5
4
The area created by the exterior
perimeter footprint of all principal and
accessory structures, including garages,
carports, breezeways and sheds.
All porches and steps (covered or
uncovered) over 0.6m above grade.
3
All exterior covered spaces created by a
permanent roof structure, including
gazebos and fixed awnings.
4
5
6
All decks and balconies (covered or
uncovered) over 0.6m above grade.
Any uncovered exterior spaces less than
0.6m below grade or at grade.
All roof eaves and roof overhangs.
Include:
Exclude:
Lot Coverage % =
x
Total Area of all
Included Structures
Total Site Area
100
These diagrams are provided for convenience purposes only. If there is a discrepancy between the text definition and a diagram, the text prevails.
"Lot Coverage" means the sum
of the total horizontal area as
measured from the outermost
perimeter of all buildings and
structures over 0.6 m above
average finished grade (including
stairs, porches, balconies, decks,
breezeways, and any covered
exterior open space) or part
thereof on the lot, expressed as a
percentage of the total lot area.
City of Nelson Zoning Bylaw No. 3652, 2026
167
Figure 3: Siting Exemptions
Minimum Side Setback
Siting Exemption Area
Property Line
0.6m
5. Where chimneys, chimney chases, cornices, headers, gutters,
pilasters, sills, eaves, steps, projecting roofline, or ornamental
features project beyond the face of a building, the minimum
required setback from an abutting lot line may be reduced by not
more than 0.6 m providing such reduction shall only apply to the
projecting feature, but in no case shall any part of a structure or
building be sited closer than 0.9 m from a lot line.
6. Despite section 5, where uncovered steps are less than 0.6 m
above average finished grade, they shall not be subject to the
setback requirements of this bylaw.
Figure 4: Obstruction of Vision: Sight Triangle
Parcel
Parcel
Parcel
Parcel
6m
6m
6m
6m
6m
6m
6m
6m
ROAD WAY
Parcel
Parcel
6m
6m
ROAD WAY
6m
6m
9. No building or landscaping,
other than a principal
building, shall be erected
to a height greater than 1
m within 6 m of the corner
of the intersection of two
streets.
City of Nelson Zoning Bylaw No. 3652, 2026
168
Figure 5: Fence Height
Front Yard
Front Yard
Rear Yard
Rear Yard
ABC Street
XYZ Street
Principal Building
Principal Building
Exterior Yard
Interior Yard
Interior Yard
Interior Yard
Front Yard
1m High Fence Maximum
Rear Yard
2m High Fence Maximum
10. In any residential or
comprehensive development
zone, and in the C1 zone, the
maximum permitted height
of any fence located within a
required setback area shall be:
a. 1 m between the front
lot line and the principal
building façade;
b. 2 m between the rear
lot line and the principal
building façade when
adjacent to an interior
side lot line; and
c. 1 m between the front
lot line and the back of
principal building when
adjacent to an exterior
side lot line.
11. In any mixed-use, industrial,
institutional or commercial
zone (except the C1 zone), no
fence or projecting retaining
wall shall exceed 3 m in height.
City of Nelson Zoning Bylaw No. 3652, 2026
169
Figure 6: Bike Parking
Bike Parking Area
Aisle Space for Manuevering
0.4m
0.4m
0.6m
1.8m
0.6m
1.75m
44. Spaces for long-term and
short-term bicycle parking
shall:
a. be a minimum of 0.6 m in
width,
b. be a minimum of 1.8 m in
length,
c. have a vertical clearance
of at least 2 m, and
d. be situated on a hard
surface.
caliper
Rootball
300 mm
Figure 7: Tree Caliper
"Caliper" means the trunk
diameter of a tree measured at
a point 300 mm above the top of
the root ball.