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VILLAGE OF NEW DENVER
ZONING BYLAW No. 612, 2007
Consolidated for Convenience (January 3, 2019)
Zoning Bylaw - Consolidated to January 3, 2019
1
BASIC PROVISIONS
SECTION 1
1.1
Application
This Bylaw applies to all land, buildings, structures and the surface of water within the
boundaries of the Village of New Denver as defined on Schedule "B", incorporated and
forming part of this Bylaw.
1.2
Conformity
Land, including the surface of water, shall not be used and buildings and structures shall
not be constructed, altered, located or used except as specifically permitted in this
Bylaw.
1.3
Severability
If any section, subsection, clause, sentence or phrase of this Bylaw is for any reason
held to be invalid by the decision of any court of competent jurisdiction, the invalid
portion shall be severed and the decision that it is invalid shall not affect the validity of
the remaining portions of this Bylaw.
1.4
Units of Measure
Metric units are used for all measurements in this Bylaw. The approximate imperial
measurement equivalents are shown in brackets for convenience only.
1.5
Applicable Regulations
.1
Where this bylaw sets out two or more regulations that could apply to a
situation, the most stringent regulation shall apply.
.2
Where this bylaw sets out both general and specific regulations that could apply
to a situation, the specific regulation shall apply.
Zoning Bylaw - Consolidated to January 3, 2019
2
ADMINISTRATION
SECTION 2
2.1
Inspection
The municipal clerk, the building inspector, or other officer of the Village of New Denver
who may be appointed by Council, is hereby authorized to enter at any reasonable
time, on any property that is subject to regulations under this Bylaw to ascertain
whether the provisions of this Bylaw are being observed.
2.2
Violation
Every person who:
.1
violates any of the provisions of this Bylaw;
.2
causes or permits any act or thing to be done in contravention or violation of
any of the provisions of this Bylaw;
.3
neglects or omits to do anything required under this Bylaw;
.4
carries out, causes or permits to be carried out any development in a manner
prohibited or contrary to any of the provisions of this Bylaw;
.5
fails to comply with an order, direction or notice given under this Bylaw; or
.6
prevents or obstructs attempts to prevent or obstruct the authorized entry of an
officer onto property under section 2.1;
shall be deemed guilty, upon summary conviction, of an offence under this Bylaw.
2.3
Offence
Each day's continuance of an offence under Section 2.2 constitutes a new and distinct
offence.
2.4
Penalty
Every person who commits an offence under this Bylaw is liable, on summary
conviction, to a fine not exceeding $2,000 plus the cost of prosecution.
Zoning Bylaw - Consolidated to January 3, 2019
3
DEFINITIONS
SECTION 3
3.1
In this Bylaw, all words or phrases shall have their normal or common meaning except
where this is changed, modified or expanded by the definitions set forth below:
ACCESSORY USE means a use subordinate, customarily and normally incidental to and
exclusively devoted to a main use of land or building and located on the same parcel.
ACCESSORY BUILDING OR STRUCTURE means a detached building or structure located
on the same parcel or site as the principal building, the use of which is subordinate and
incidental to that of the main building, which is not used for human habitation and
includes a private garage or implement shed.
ACCESSORY RESIDENCE means a dwelling unit in a stand-alone building on a residential
property that also contains a single detached principal building. The accessory
residence may be purpose-built, or may be a conversion of, or an addition to, an
existing garage or accessory building.
APPROVING OFFICER means the person appointed from time to time under the Land
Title Act for the Municipality.
AUTOMOBILE SHOW ROOM AND SALES LOT means a building and lot used for the
display and sale of automobiles. This use may also include service bays for the repair
and servicing of automobiles.
BED AND BREAKFAST ACCOMMODATION means an accessory use of a single family
dwelling wherein not more than two rooms are rented to provide temporary lodging for
tourists and visitors, where the room rate includes an on-premise meal served before
noon.
BOARDER OR LODGER means a person or persons other than members of a family
which occupy a guest room or rooms without kitchen facilities.
BUILDING means a structure wholly or partly enclosed by a roof or roofs supported by
walls or columns which is permanently affixed to the land and is intended for
supporting or sheltering any use or occupancy by persons, animals or property.
BUS TERMINAL means a building where commercial motor vehicles pick up and
discharge fare paying passengers. Accessory uses may include ticket offices, luggage
checking facilities and similar uses.
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CAMPGROUND means a use of land for commercial purposes for the temporary (less
than 30 consecutive days) accommodation of tents, tent trailers, travel trailers,
recreational vehicles and campers.
CHURCH means a building wherein persons regularly assemble for religious worship,
and which is maintained and controlled by a religious body organized to sustain public
worship.
CIVIC USE means a use for public purposes under the auspices of a government body
except for public utility uses.
CLINIC means a public or private building used for medical, dental, physiotherapeutic,
chiropractic or other human health treatment by one or more practitioners.
CLUB OR LODGE means an association of persons, whether incorporated or not, united
by some common interest, meeting periodically for cooperation and conviviality. Club
and lodge shall also mean, where the context requires, a building or establishment
owned or occupied by members of such association and their guests within which the
activities of the club or lodge are conducted.
COMMERCIAL USE means an occupation, employment or enterprise that is carried on
for gain or monetary profit by any person. A commercial use includes uses located in a
C1 or C2 zone except for single family, two family and multi-family dwellings.
Commercial use in a C3 Zone shall allow only those permitted uses as listed in this
bylaw.
COMMUNITY HALL means a building used for community meetings, gatherings, and
functions.
COMMUNITY WATER SYSTEM means a system of waterworks, within the meaning of
the Health Act, which is owned, operated and maintained by the Municipality, an
Improvement District under the Water Act, or the Municipal Act, or which is regulated
under the Water Utility Act, and authorized by the Municipal Council.
CONVENIENCE STORE means a retail commercial establishment, not exceeding 225
square metres (2,422 sq. ft.) of gross floor area, supplying groceries and other daily
household necessities, including but not limited to food, beverages, magazines, books,
toiletries, stationary, tobacco products, plants and flowers. A convenience store may
also include an automated teller machine.
DAYCARE means an establishment licensed as required under the Community Care
Facilities Act intended to provide care, education, and supervision of children during the
day or evening. This use includes drop-in centres and group daycare centres for 8 or
more patrons.
Zoning Bylaw - Consolidated to January 3, 2019
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DWELLING, MULTI-FAMILY means a building used for residential purposes consisting of
three or more dwelling units, each containing not more than one set of cooking
equipment, either with private individual access or common access and hallways. This
includes townhouses, triplexes and apartment buildings.
DWELLING, SINGLE FAMILY means a residential use where the building on a parcel is
used for one dwelling unit.
DWELLING, TWO FAMILY means a residential use where the building on a parcel is used
for two dwelling units. This use may include duplexes.
DWELLING UNIT means one or more habitable rooms used for the residential
accommodation of only one family when such room or rooms contain or provide for the
installation of only one set of cooking facilities.
ENVIRONMENTAL RESERVE (E1) means lands that are zoned for the development of
Village water infrastructure and the protection of the source.
FAMILY means:
a)
two or more persons related by blood, marriage, common-law, adoption,
or foster parenthood sharing one dwelling; or
b)
three or fewer unrelated persons sharing one dwelling.
FINANCIAL INSTITUTION means the premises of a bank, trust company, investment
dealer, credit union, mortgage broker or related business.
FRONTAGE means the horizontal distance between the intersection of two side parcel
lines and the front parcel line.
GASOLINE SERVICE STATION means a building or land used or intended for use for the
retail sale of motor fuels and lubricants and may include a convenience store, car wash
facilities, the servicing and minor repair of motor vehicles and the sale of automobile
accessories.
GRADE means the average of the elevations of finished ground taken at the midpoint of
each of the exterior walls of the building.
GROSS FLOOR AREA means the sum of the areas of each storey in each building on a
parcel measured between the exterior walls of such buildings.
Zoning Bylaw - Consolidated to January 3, 2019
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GUEST HOUSE means a premises with six rooms or less that can be used temporarily by
guests where individual rooms have access either through a common area or direct
access from outside.
HABITABLE ROOM means a room used for cooking, eating, sleeping, or living; includes
kitchen, dining room, bedroom, living room, family room and den; excludes recreation
room, bathroom, utility room, workroom, furnace room and storage room.
HEIGHT as illustrated in Diagram 3.1, means the vertical distance measured from grade
to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof
or to the mean level between the eaves and the ridge of a gable, hip, gambrel or other
sloping roof, and in the case of a structure without a roof, to the highest point of the
structure.
Zoning Bylaw - Consolidated to January 3, 2019
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HIGHWAY means a street, road, land, bridge, viaduct and any other way open to public
use, but does not include a private right of way on private property.
Zoning Bylaw - Consolidated to January 3, 2019
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HOME OCCUPATION means the use of a portion of a dwelling as an office, studio or
work room to conduct trade, business profession or other occupation which is
secondary to the principal use of the dwelling unit.
HOSPITAL means any institution, building or other premises or place established for the
maintenance, observation, medical and dental care and supervision and skilled nursing
care of persons suffering from sickness, disease or injury or for the convalescent or
chronically ill persons.
HOTEL means a building or part thereof wherein accommodation is provided for
transient lodgers without individual cooking facilities, and with or without restaurants,
licensed beverage rooms, banquet halls, ballrooms and meeting rooms.
LANDSCAPE SCREEN means a fence, wall, compact evergreen hedge, or combination
thereof, that would effectively screen the property which it encloses and is broken only
by access drives, walks, and lanes.
LANDSCAPED means improvements consisting of a combination of trees, shrubs,
flowers, grass or other horticultural elements, decorative stonework, paving, screening
or other architectural elements, all of which are designed to enhance the visual amenity
of a property.
LANE means a road allowance more than 3m (9.8 ft.) but less than 10m (32.8 ft.) in
width which is intended to provide only a secondary means of access to a site, at the
side or rear of the property.
LIBRARY means a building containing printed, pictorial, audio, video and other
reference materials for public use for the purposes of study, reference and recreation.
MARINA means a private commercial or government establishment or premise,
containing docking or mooring facilities where boats and other water vessels and their
accessories are berthed, stored, serviced, repaired, constructed or kept for sale or rent.
A marina may include facilities for the sale of fuel and oil for the operations of boats or
other vessels.
MOBILE HOME means a transportable, single or multiple-section single family dwelling
conforming to the CSA Z240 or CSA A277 certified standards at the time of manufacture
for residential occupancy designed to be transportable on its own chassis and is ready
for occupancy upon arrival at its site except for incidental improvements such as
placement on foundations, addition of steps, and connection to utilities.
MODULAR HOME means construction in which the super-structure of a building is
fabricated fully in a factory, transported to the building site and connected together to
form a complete building.
Zoning Bylaw - Consolidated to January 3, 2019
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MOTEL means a building or group of buildings containing sleeping units, occupied or
intended to be occupied temporarily by automobile tourists or transients, with each
unit having its own individual outside access and parking space, with each dwelling unit
being self-contained having its own bathroom, with or without cooking facilities.
MUNICIPALITY means the Municipality of the Corporation of New Denver.
MUSEUMS, HERITAGE SITES, MEMORIAL CENTRES means a building or group of
buildings, whether private or public, which is devoted to procurement, care and display
of objects of lasting interest or value, and serving to preserve remembrance, which may
include the sale of commodities relevant to the function of the site.
NURSERY means land and buildings used for the growing of flowers, trees, shrubs,
bushes, sod and other gardening and landscaping supplies intended for retail or
wholesale trade.
OFFICE means a building or part thereof, designed, intended or used for the practice of
a profession, the carrying on of a business, the conduct of public administration, or,
where not conducted on the site thereof, the administration of an industry, but shall
not include a retail commercial use, any industrial use, clinic, financial institution, place
of amusement, or place of assembly.
OFF-STREET PARKING means a use providing parking spaces for the temporary storage
of vehicles, not located within a public right of way.
OPEN SPACE means the open, unobstructed space on a parcel, including the open
unobstructed space accessible to all occupants of any residential or commercial building
or the structure on the parcel, which is suitable and used for the growth and
maintenance of grass, flowers, bushes, and other landscaping and may include a
watercourse, trail, surface pedestrian walk, patio, pool or similar area, but does not
include any driveway, ramp or parking area.
OUTDOOR RECREATION EQUIPMENT RENTAL means a building used for the rental or
sale of outdoor recreation equipment including non-motorized water vehicles such as
kayaks, canoes, paddle wheels, row boats, sail boats, and sail boards, fishing boats with
small outboard motors of less than 10 horsepower; bicycles, in-line skates, mountain
climbing gear, hiking supplies and other similar products, but does not include the sale
or rental of motorized products such as motorcycles, houseboats, jet skis, seadoos, ski
boats and other noisy water uses.
PARCEL means any lot, block or other area in which land is held, including Crown Land,
which is legally defined either by registered plan or description, but does not include a
highway.
Zoning Bylaw - Consolidated to January 3, 2019
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PARCEL AREA means the total horizontal area within the parcel lines of a parcel.
PARCEL COVERAGE, SURFACE means the percent of the parcel area covered by
principal buildings, accessory buildings and structures.
PARCEL LINE, EXTERIOR SIDE as illustrated in Diagram 3.2, means a parcel line which
abuts a highway other than a lane on a corner parcel.
PARCEL LINE, FRONT as illustrated in Diagram 3.2, means the shortest parcel line
common to a parcel and a highway other than a lane.
PARCEL LINE, INTERIOR SIDE as illustrated in Diagram 3.2, means a parcel line between
two or more parcels, other than a front or rear parcel line. The interior side parcel line
also includes a parcel line between the parcel and a lane along the side of the parcel.
PARCEL LINE, REAR as illustrated in Diagram 3.2, means the boundary of a parcel which
lies the most opposite to and is not connected to the front parcel line.
Zoning Bylaw - Consolidated to January 3, 2019
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PARK means an area permanently devoted to recreational uses and is generally
characterized by its natural, historic or landscaped features, and used for both passive
and active forms of recreation.
PARKING SPACE means an area identified for the parking of one motor vehicle and
does not include an aisle space.
PERSONAL SERVICE ESTABLISHMENT means a business where personal services are
provided for gain and where the retail sale of goods is only accessory to the provision of
such services, including but not limited to: barber shops, beauty shops, shoe repair
shops, electrical and electronic repair shops, photographic studios, artist studios,
optical and watch repair shops.
PLAYGROUND means an open landscaped area containing children=s equipment such
as slides, swings and wading pools.
POST OFFICE means a building where mail and parcels are delivered to and from, where
mail is sorted for delivery, and from which mail and parcels may also be sent to other
destinations.
PRINCIPAL BUILDING means a building which:
a)
occupies the major or central portion of a parcel;
b)
is the chief or main building on the parcel;
c)
constitutes, by reason of its use, the primary purpose for which the parcel is
used.
PRINTING AND PUBLISHING means a retail establishment that provides duplicating
services, using photocopy, blueprint, and offset printing equipment, including collating
of booklets and reports.
PUBLIC UTILITY means a use providing for the essential servicing of the Municipality
with water, sewer, electrical, telephone, and similar services where such a use is
established by the Corporation, by another government body, or by a company
operating under the Public Utilities Act; includes sewer, water main, power line
easements, and traffic controls.
RESIDENTIAL means a use providing for the accommodation and home life of a person
or persons.
Zoning Bylaw - Consolidated to January 3, 2019
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RESTAURANT means a building where prepared food is offered for sale to the public
and includes cafes, coffee shops, cafeterias, dairy bars, refreshment stands, fast food
take-out establishments, or tea rooms.
RETAIL STORE means a building where goods, wares, merchandise, substances, articles
or things are offered or kept for sale at retail, including storage of limited quantities of
such goods, wares, merchandise, substances, articles or things, sufficient only to service
such store.
SCHOOL means a public school, a separate school, a university or college or a private
school authorized by the authority having jurisdiction.
SECONDARY SUITE means a self-contained, accessory dwelling unit located within a
single detached dwelling that is utilized for long term residential rentals. A secondary
suite has its own separate cooking, sleeping and bathing facilities. It has direct access
to outside without passing through any part of the principal unit.
SENIOR CITIZEN HOME means accommodation constructed and financed in accordance
with the provisions of The Housing Construction (Elderly Citizens) Act of the Province of
British Columbia.
SETBACK means the horizontal distance measured at right angles to the parcel line,
between the parcel line and the building, structure, or use.
SIDE YARD means the area of a parcel between a building or structure and the side
parcel lines in depth and between two parcel lines intersecting the subject parcel line in
width.
SIGHT TRIANGLE means the area formed by a triangle in the angle formed by the right
of way boundaries or boundaries produced and two points on those boundaries 6.0 m
(20 ft.) from the point of intersection.
SIGN means a name, identification, description, device, display or illustration which is
affixed to or represented directly or indirectly upon a building, structure or parcel and
which directs attention to an object, product, place activity, person, institute,
organization or business.
STOREY means that portion of a building which is situated between the top of any floor
and the top of the floor next above it, and if there is no floor above it, that portion
between the top of such floor and the ceiling above it.
STOREY, HALF as illustrated in Diagram 3.3 means a storey under a sloping roof, the
walls of which, on at least two opposite walls, are not more than 0.6 m (2.0 ft.) high
Zoning Bylaw - Consolidated to January 3, 2019
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above the finished floor of such a storey. A half storey also includes a basement
projecting less than 1.5 m (4.9 ft.) above grade.
STREET means a road allowance 10 m (32.8 ft.) or more in width.
STRUCTURE means any construction fixed to, supported by, or sunk into land or water.
THEATRE means a building or structure devoted to showing motion pictures, or
dramatic, musical or live performances.
TRAVEL TRAILER means any portable structure or vehicle used or designed and
equipped to be used for living or sleeping purposes while travelling or vacationing and
which is designed or intended to be mobile on land, whether or not self-propelled.
UNDERTAKING ESTABLISHMENT means a building used by an undertaker for the
cremation or preparation of a dead human body for interment.
VIDEO RENTAL STORE means a building used for the rental or sale of videocassettes
and videocassette recorders and related accessories.
WIDTH means the distance from a main wall to the opposite main wall of a building or
structure. Specifically for a mobile home; the width of the building is its width when it
Zoning Bylaw - Consolidated to January 3, 2019
14
is placed on the parcel, before vestibules, garages, decks or other additions are added
to the mobile home.
YARD, FRONT as illustrated in Diagram 3.4, means the area of setback required from
the front parcel line.
YARD, REAR as illustrated in Diagram 3.4, means the area of setback required from the
rear parcel line.
YARD, SIDE as illustrated in Diagram 3.4, means the area of setback required from the
interior or exterior side parcel line.
ZONE means an area established under this Bylaw.
Zoning Bylaw - Consolidated to January 3, 2019
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GENERAL REGULATIONS
SECTION 4
4.1
Applicability of General Regulations
Except as otherwise specified by this Bylaw, Section 4 applies to all zones established
under this Bylaw.
4.2
Consolidation of Parcels Prior to Development
Where the construction of a building that will straddle two or more parcels is proposed,
development shall not proceed until the separate parcels are consolidated to form one
property with a single Certificate of Indefeasible Title.
4.3
Exemption of Existing Parcels
The parcel area and parcel width requirements of this Bylaw shall not apply to any
parcel which has an area or width less than that required by this Bylaw if such a parcel
was described on the official records on file in the Land Registry Office on or before the
effective date of this Bylaw.
4.4
Minimum Parcel Area Requirements
.1
Minimum parcel area requirements apply upon creation of the parcel at
subdivision.
.2
If a use located on an existing parcel changes to a new use that requires a larger
minimum parcel area, then the existing parcel must contain the larger minimum
parcel area required for the new use.
4.5
Exemption from Minimum Parcel Area
The provisions of this Bylaw pertaining to minimum parcel area do not apply in the case
where:
.1
Two or more parcels are to be consolidated into one parcel;
.2
The parcel being created is to be used solely for an unattended building or
equipment necessary for the operation of:
a community water system;
Zoning Bylaw - Consolidated to January 3, 2019
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a community sewer system;
a community gas distribution system;
a radio or television receiving or broadcasting antenna;
an air navigation aid;
a marine navigation aid;
an electrical substation or power generating station;
parks or playgrounds; or
any other similar public service facility or utility
4.6
Setback Exceptions
No features shall project into the setback required by this Bylaw, except the following:
.1
Chimneys, cornices, leaders, gutters, columns, belt courses, sills, bay windows,
or other similar features may intrude no more than 0.6 m (2.0 ft.) into the
required setback area.
.2
Steps, eaves, sunlight control projections, canopies, balconies, or porches may
project no more than:
(a)
1.2 m (3.9 ft.) into a front or rear yard; or
(b)
0.6 m (2.0 ft.) into a side yard.
.3
Where a common wall shared by two or more units within a building for a
residential use or a commercial use coincides with an interior side parcel line of
a parcel or of a strata shown on a registered strata plan as provided in the
Condominium Act, the setbacks for the principal building specified in the Bylaw
with respect to the side parcel line shall not apply.
.4
An accessory building or structure 9.3 m2 (100 sq. ft.) or less may project no
more than 0.9 m (2.9 ft.) into a side or rear yard measured from the eaves of the
accessory building or structure.
4.7
Siting Exceptions
.1
An underground structure may be sited in any portion of a parcel provided that
the top surface of such structure shall at no point extend above the average
finished ground elevation.
.2
Free-standing lighting poles, flag poles, warning devices, antennas, masts, signs
and sign structures, except as otherwise limited in this or other bylaws, may be
sited on any portion of a parcel.
Zoning Bylaw - Consolidated to January 3, 2019
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4.8
Landscape Screening and Fences
Landscape screening and fences are subject to the following regulations:
.1
Landscape screens comprised of evergreen hedges may be sited on any portion
of a parcel without a height limit.
.2
Landscape screens comprised of fences and/or walls not exceeding a height of
2.0 m (6.6 ft.) may be sited on any portion of a parcel.
.3
Arbors, trellises, gateways and other similar structures less than 2.4 m (8 ft.) in
in height may be sited on any portion of a parcel.
4.9
Height Regulation Exemptions
The following structures are exempt from the height limitations specified in each zone
in this Bylaw:
.1
flag pole;
.2
flood light;
.3
water tower;
.4
spire, steeple, belfry;
.5
chimney, smoke stack;
.6
dome, cupola;
.7
monument or sculpture;
.8
retaining walls;
.9
industrial cranes;
.10
antenna or mast for the transmission or reception of radio and television signal;
provided that no exempted structure:
(a)
exceeds 20 m in height;
(b)
covers more than 20% of the parcel; or
(c)
if located on a building, covers more than 10% of the roof area of the building.
4.10 Panhandle Parcels
.1
On a panhandle parcel, the Apanhandle@ part of the parcel (the access route to
the main portion of the parcel) shall not be included in the parcel area for the
purpose of determining if the parcel meets the minimum parcel size. The end of
the panhandle is deemed to be a line drawn perpendicular to the sides of the
panhandle at the point where the two sides of the panhandle are no longer
parallel (or within 15 of being parallel) as shown in Diagram 4.10.
Zoning Bylaw - Consolidated to January 3, 2019
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.2
The minimum width of a panhandle for a parcel that cannot be further
subdivided is 9 m (30 ft.).
.3
The minimum width of a panhandle for a parcel that can be further subdivided
into two or more parcels is 20 m (66 ft.).
4.11 Area and Frontage of Parcels
The minimum area of a parcel and a parcel's frontage on a highway shall be increased
when necessary to ensure that the gradient on access driveways to service the
proposed parcels shall not exceed 15%.
Zoning Bylaw - Consolidated to January 3, 2019
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4.13 Home Occupation Regulations
A home occupation is subject to the following regulations:
.1
A home occupation shall be entirely enclosed within a building.
.2
In the R1 and R2 zones, a home occupation shall be entirely enclosed within
the dwelling unit to which it is an accessory.
.3
A home occupation shall not occupy more than 40% or 500 sq. ft., whichever is
the lesser, of the gross floor area of the dwelling unit in which it is accessory.
.4
A home occupation shall not involve the external storage or display of
materials or finished products associated with the home occupation use.
.5
In the R1 and R2 zones, not more than one person is permitted to be engaged
in a home occupation in addition to members of the family resident in the
dwelling unit in which it is conducted.
.6
No change, except for a sign, is permitted to the outside appearance of the
building which would indicate that a home occupation is being conducted
therein.
.7
A home occupation shall not discharge or emit odorous, noxious or toxic
matter or vapours; heat, glare, noise or radiation; or recurrently generated
ground vibrations.
.8
A home occupation shall not result in traffic congestion, parking problems,
electrical interference, fire hazard or health hazards.
.9
A home occupation shall not produce a public offence or nuisance of any kind.
.10
A home occupation shall not consist of the salvage or sale of motor vehicles or
motor vehicle engines or parts.
.11
A home occupation shall not include the sale of a commodity produced off the
premises, except that telephone or mail order sales of goods for home
distribution services shall be permitted provided that customers do not enter
the premises to inspect, purchase or take possession of the goods.
4.14 Bed and Breakfast Accommodation Regulations
A bed and breakfast accommodation shall comply with the following regulations:
Zoning Bylaw - Consolidated to January 3, 2019
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.1
The principal use of the building shall be for occupation by a single family.
.2
Bed and breakfast accommodations are not permitted in two-family or multi-
family dwellings.
.3
The family residing in the dwelling, or a member of that family, shall be
engaged in the operation of the bed and breakfast business, but the operator
or operators may hire employees to work on the premises.
.4
Not more than two bedrooms in the dwelling shall be used for bed and
breakfast accommodation.
.5
The maximum occupancy of the bedrooms used for bed and breakfast
accommodation is not more than six persons in total.
.6
No meals shall be provided to customers of the operator of the bed and
breakfast other than one meal daily, served before noon.
.7
No liquor shall be offered for sale to customers.
4.15 Secondary Suite Regulations
A secondary suite shall comply with the following regulations:
.1
No more than one secondary suite shall be permitted per principal dwelling
unit.
.2
A secondary suite shall not be permitted in two-family dwellings or in multi-
family dwellings.
.3
The secondary suite shall not occupy more than 40% of the gross floor area of
the dwelling unit.
.4
A secondary suite will only be permitted in a principal dwelling located on a
parcel which is equal to or greater than 510 m2 in area.
.5
All secondary suites must meet B.C. Building Code requirements.
.6
All secondary suites must be registered with the Village of New Denver.
4.16 Permanent Uses Prohibited in a Tent or Travel Trailer
A permanent use located in part or in total in a tent or travel trailer shall be prohibited
in all zones except as specifically permitted in this Bylaw.
Zoning Bylaw - Consolidated to January 3, 2019
21
4.17 Accessory Buildings and Structures
.1
No accessory building, structure or use shall be permitted on any parcel unless
the principal building to which the building, structure or use is an accessory has
been erected or will be erected simultaneously with the accessory building,
structure or use.
.2
Where an accessory building or structure is attached to the principal building, it
shall be considered part of the principal building and shall comply in all
respects with the requirements of the Bylaw applicable to principal buildings.
.3
In a R1 or R2 zone, an accessory building shall not exceed a gross floor area of
75 m2 (800 sq. ft.).
4.18 Accessory Residences
An accessory residence shall comply with the following regulations:
.1
An accessory residence, when permitted, shall not be occupied as a residence
except where the registered owner of the subject property resides in the
accessory residence or in the principal residence/building on the property.
2.
If the registered owner of the subject property ceases to reside in either the
principal residence/building or the accessory residence, the accessory
residence must not be used for any purpose except storage of goods.
.3
Only one accessory residence is allowed per residential property, and shall not
be allowed in conjunction with a secondary suite in the principal dwelling unit.
.4
No accessory residence will be allowed without meeting the requirements as
defined in the British Columbia Health Act for septic disposal capacity.
.5
All accessory residences must meet BC Building Code requirements.
.6
An accessory residence shall not be sited or located on a separate parcel form
the principal building/residence.
.7
An accessory residence shall not exceed 5.0 m (16.4 ft.) in height.
.8
An accessory residence shall be permitted in R1 (Single and Two Family
Residential) Zones.
.9
An accessory residence shall only be permitted in R2 (Low-Density Multi-Family
Residential) Zones on parcels that contain one principal dwelling unit.
Zoning Bylaw - Consolidated to January 3, 2019
22
.10
Subject to Section 4.17.3, the floor area of an accessory residence shall
not exceed 40% of the total main floor area of the principal residence or 600
sq. ft., whichever is greater, provided the maximum parcel coverage for all
buildings located on the parcel does not exceed 45% of the total parcel area,
and provided the accessory residence conforms to the maximum square
footage as set out in Section 4.17.3.
.11
Parking and Access Requirements:
(i)
One on-site parking space is required for the accessory residence in
addition to those spaces required for the principal residence;
(ii)
All required parking spaces shall be located on the subject parcel.
.12
An accessory residence shall meet the minimum setback provisions for the
zone in which the subject property is located. If attached to a garage or other
structure, the entire building containing the accessory residence shall meet
the minimum setback provisions for the principal building on the site.
.13
All accessory residences must be registered with the Village of New Denver.
Zoning Bylaw - Consolidated to January 3, 2019
23
ESTABLISHMENT OF ZONES
SECTION 5
5.1
Establishment of Zones
For the purposes of the Bylaw, the area within the boundary of the Village of New
Denver shall be divided into zones as described in Table 5.1:
TABLE 5.1 - ZONES
COLUMN I
ZONE
COLUMN II
ZONE ELABORATION
R1
Single and Two-Family Residential
R2
Low Density Multi-Family Residential
C1
Core Commercial
C2
Local Commercial
C3
Residential Commercial
P
Parks
P1
Parks and Open Space
P2
Public and Institutional
E1
Environmental Reserve
5.2
Zone Title
The correct name of each zone provided for this Bylaw is set out in Column I of Table
5.1. The inclusion of the names contained in Column II of Table 5.1 is for convenience
only.
5.3
Location of Zones
The location of each zone is established on Schedule B, the Zoning Map, of this Bylaw.
5.4
Zone Boundaries
.1
Where a zone boundary is shown on Schedule B, the Zoning Map, as following
a highway or rail right-of-way or water course, the centre line of the right-of-
way or water course shall be the zone boundary.
.2
Where a zone boundary does not follow a legally defined line( and where the
distances are not specifically indicated, the location of the zoning boundary
Zoning Bylaw - Consolidated to January 3, 2019
24
shall be determined by scaling from the Zoning Map shown on Schedule B of
this Bylaw.
Zoning Bylaw - Consolidated to January 3, 2019
25
R1 - SINGLE AND TWO
SECTION 6
FAMILY RESIDENTIAL
6.1
Permitted Uses
The following uses and no other shall be permitted in a R1 zone:
(a) single family dwelling; including a single family dwelling used for short term rental
for tourist accommodation that does not exceed four (4) weeks per year;
(b) two-family dwelling; including a two-family dwelling used for short term rental for
tourist accommodation that does not exceed four (4) weeks per year;
(d) park;
(e) playground;
(f) home occupation;
(g) public utility;
(h) secondary suite;
(i) bed and breakfast;
(j) accessory residence;
(k) accessory use.
6.2
Regulations
On a parcel located in an area zoned R1, no building or structure shall be constructed,
located or altered, and no plan of subdivision approved which contravenes the
regulations set out below:
.1
Minimum Parcel Area
The parcel area for the following uses shall not be less than:
(a) Single-family Dwelling
510 m2 (5,489.6 sq. ft.);
(b) Two-family Dwelling
765 m2 (8,234.5 sq. ft.);
(c) Other permitted Uses
765 m2 (8,234.5 sq. ft.).
.2
Minimum Parcel Frontage
The minimum parcel frontage is 15 m (49.2 ft.).
.3
Exemptions from Minimum Parcel Area and Minimum Parcel Frontage
Zoning Bylaw - Consolidated to January 3, 2019
26
The minimum parcel area and parcel frontage requirements do not apply
where the land is used solely for parks, playgrounds or public utility uses.
.4
Principal Buildings Per Parcel
A parcel in a R1 zone is limited to a maximum of one principal building per
parcel.
.5
Accessory Residences Per Parcel
A parcel in a R1 zone is limited to a maximum of one accessory residence per
parcel.
.6
Minimum Setbacks from Parcel Lines
The minimum setbacks from parcel lines are as follows:
(a)
4.5 m (14.8 ft.) from the front parcel line;
(b)
1.5 m (4.9 ft.) from a rear parcel line;
(c)
3.0 m (9.8 ft.) from an exterior side parcel line;
(d)
1.5 m (4.9 ft.) from an interior side parcel line.
.7
Maximum Height
(a)
The maximum height of principal buildings is 8.5 m (27.9 ft.) or two
storeys, whichever is the lesser.
(b)
The maximum height for accessory buildings and structures is 5.0 m (16.4
ft.).
.8
Minimum Building Width
The minimum building width is 5.5 m (18 ft.)
.9
Maximum Surface Parcel Coverage
The maximum surface parcel coverage is 45% of the parcel area.
.10
Boarders and Lodgers
Zoning Bylaw - Consolidated to January 3, 2019
27
Not more than two paying guests, boarders or lodgers are permitted in each
separated dwelling unit.
Zoning Bylaw - Consolidated to January 3, 2019
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R2 - LOW DENSITY
SECTION 7
MULTI-FAMILY RESIDENTIAL
7.1
Permitted Uses
The following uses and no others shall be permitted in a R2 Zone:
(a)
multi-family dwelling;
(b)
single-family dwelling; including a single family dwelling used for short term
rental for tourist accommodation that does not exceed four (4) weeks per year;
(c)
two-family dwelling; including a two-family dwelling used for short term rental
for tourist accommodation that does not exceed four (4) weeks per year;
(d)
park;
(e)
playground;
(f)
home occupation;
(g)
public utility;
(h)
secondary suite;
(i)
senior citizen home;
(j)
bed and breakfast;
(k)
accessory use;
(l)
accessory residence.
7.2
Regulations
On a parcel located in an area zoned R2, no building or structure shall be constructed,
located or altered, and no plan of subdivision approved which contravenes the
regulations set out below:
.1
Minimum Parcel Area
The parcel area for the following uses shall not be less than:
(a) Single-family Dwelling
510 m2 (5,489.6 sq. ft.);
(b) Two-family Dwelling
765 m2 (8,234.5 sq. ft.);
(c) Senior Citzen Home
1,100 m2 (11,840 sq. ft.);
(c) Multi-Family Dwelling
1,100 m2 (11,840 sq. ft.);
(c) Church
1,100 m2 (11,840 sq. ft.).
.2
Multi-Family Dwelling Regulations
Zoning Bylaw - Consolidated to January 3, 2019
29
(a)
A Multi-Family Dwelling shall not exceed a maximum surface parcel
coverage of 45% of the parcel area.
(b)
A Multi-Family Dwelling shall not have less than 220 m2 (2,368.1 sq. ft.)
of parcel area for each dwelling unit.
.3
Minimum Parcel Frontage
The minimum parcel frontage is 15 m (49.2 ft.).
.4
Exemptions from Minimum Parcel Area and Minimum Parcel Frontage
The minimum parcel area and parcel frontage requirements do not apply
where the land is used solely for parks, playgrounds or public utility uses.
.5
Principal Buildings Per Parcel
A parcel in a R2 zone is limited to a maximum of one principal building per
parcel.
.6
Accessory Residences Per Parcel
A parcel in a R2 zone is limited to a maximum of one accessory residence per
parcel, provided there is only one single family principal dwelling unit located
on the parcel, and shall not be permitted otherwise.
.7
Minimum Setbacks from Parcel Lines
(1)
The minimum setbacks from parcel lines for Multi-Family Dwellings and
Senior Citizens Homes are as follows:
(a)
4.5 m (14.8 ft.) from a front parcel line;
(b)
1.5 m (4.9 ft.) from a rear parcel line;
(c)
4.5 m (14.8 ft.) from an exterior side parcel line;
(d)
1.5 m (4.9 ft.) from an interior side parcel line.
(2)
The minimum setbacks for other buildings and structures permitted in a
R2 zone are as follows:
(a)
4.5 m (14.8 ft.) from a front parcel line;
Zoning Bylaw - Consolidated to January 3, 2019
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(b)
1.5 m (4.9 ft.) from a rear parcel line;
(c)
3.0 m (9.8 ft.) from an exterior side parcel line;
(d)
1.5 m (4.9 ft.) from an interior side parcel line.
.8
Maximum Height
(a)
The maximum height of principal buildings is 8.5 m (27.9 ft.) or two
storeys, whichever is the lesser.
(b)
The maximum height for accessory buildings and structures is 5.0 m (16.4
ft.)
.9
Minimum Building Width
The minimum building width is 5.5 m (18 ft.).
.10
Maximum Surface Parcel Coverage
(a)
Principal buildings shall not cover more than 45% of the parcel area.
(b)
Accessory buildings or structures shall not cover more than 15% of the
parcel area.
.11
Boarders and Lodgers
Not more than two paying guests, boarders, or lodgers are permitted in each
separate dwelling unit.
.12
Parking Area Regulations in a R2 Zone
(1)
Off-street parking areas, unless completely enclosed within a building or
underground, shall not be used for the parking or storing of:
(a)
commercial vehicles exceeding a Gross Vehicle Weight rating of
2,800 kg (6,172.9 lb.);
(b)
contractor's equipment;
(c)
travel trailers, boat trailers, or boats, which exceed 8 m (26.2 ft.)
in length.
Zoning Bylaw - Consolidated to January 3, 2019
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(2)
Off-street parking areas not concealed within a building or underground
and containing more than four parking spaces shall be bounded by a
landscape screen of not less than 0.9 m (3.0 ft.) in height at the time of
planting and maintained in a healthy growing condition and in a neat and
orderly appearance.
(3)
Off-street parking areas shall be sited such that the surface of such use at
ground level, or a driveway for such use, is not within an arc of 3 m (9.8
ft.) in radius measured from the nearest surface of a window to a
habitable room.
Zoning Bylaw - Consolidated to January 3, 2019
32
C1 - CORE COMMERCIAL
SECTION 8
8.1
Permitted Uses
The following uses and no others shall be permitted in a C1 zone:
(a)
automobile show room and sales lot;
(b)
automotive, boat, and equipment sales, service and repair;
(c)
bakery;
(d)
boat show room and sales lot;
(e)
business and professional office;
(f)
bus terminal for loading and unloading;
(g)
civic use;
(h)
community hall, clubs and lodges, church, library, and other similar uses;
(i)
convenience store;
(j)
daycare;
(k)
financial institution;
(l)
gasoline service station;
(m)
guest house;
(n)
home occupation;
(o)
hotel;
(p)
medical and dental office;
(q)
motel;
(r)
nursery;
(s)
outdoor recreation equipment rental;
(t)
personal service establishment;
(u)
post office;
(v)
printing and publishing;
(w)
recreation and place of amusement;
(x)
restaurant;
(y)
retail store;
(z)
single-family dwelling and two-family dwelling; including a single or two-
family dwelling used for short term rental for tourist accommodation
that does not exceed four (4) weeks per year;
(aa) theatre excluding drive-in;
(bb) undertaking establishment;
(cc)
video rental store;
(dd) bed and breakfast;
(ee) public utility building and structures, with no exterior storage of any kind
and no garage for the storage, repair, and maintenance of equipment;
(ff)
residential dwelling in conjunction with a commercial use;
Zoning Bylaw - Consolidated to January 3, 2019
33
(gg) accessory use
(hh) multi-family dwelling.
8.2
Regulations
On a parcel located in an area zoned C1, no building or structure shall be constructed,
located or altered, and no plan of subdivision approved which contravenes the
regulations set out below:
.1
Residential Dwelling in Conjunction with a Commercial Use
Dwelling units shall:
(a)
be contained in the same building;
(b)
be located above or behind the commercial use;
(c)
have separate entrances from the outside.
.2
Minimum Parcel Area
(1)
The parcel area for the following uses shall be not less than:
(a) Hotel or Motel: 1,100 m2 (11,840.4 sq. ft.);
(b) Gasoline Service Station: 1,100 m2 (11,840.4 sq. ft.);
(c) Two-Family Dwelling: 765 m2 (8324.5 sq. ft.);
(d) For any uses except Hotel, Motel, Gasoline Service Station, or Two-
Family Dwelling: 510 m2 (5,489.6 sq. ft.);
(2)
The minimum parcel size for any uses except Hotel, Motel, Gasoline
Service Station, Single-Family Dwelling or Two-Family Dwelling may be
reduced to 255 m2 (2,744.9 sq. ft.) provided the owner meets Provincial
regulations for sewage disposal and all other regulations.
.3
Exemption from Minimum Parcel Area
The minimum parcel area requirements do not apply where the land is used
solely for a public utility use.
.4
Minimum Parcel Frontage
The minimum parcel frontage on a highway is 15 m (49.2 ft.).
.5
Buildings Per Parcel
Zoning Bylaw - Consolidated to January 3, 2019
34
Shall not be limited except in the case of a single-family or a two-family
dwelling use which shall be limited to one principal building.
.6
Minimum Setbacks from Parcel Lines
(1)
The minimum setbacks from parcel lines for Single-Family and Two-
Family Dwellings are as follows:
(a)
4.5 m (14.8 ft.) from a front parcel line;
(b)
3.0 m (9.8 ft.) from a rear parcel line;
(c)
3.0 m (9.8 ft.) from an exterior side parcel line;
(d)
3.0 m (9.8 ft.) from an interior side parcel line that abuts a side
lane; or
(e)
1.5 m (4.9 ft.) from any other interior side parcel line.
(2)
The minimum setbacks for all other permitted uses are as follows:
(a)
0.0 m (0 ft.) from a front parcel line; or
(b)
4.5 m (14.8 ft.) from a front parcel line where the parcel abuts
Highway 6 or 31A;
(c)
4.5 m (14.8 ft.) from a rear parcel line;
(d)
0.0 m (0 ft.) from an exterior side parcel line;
(e)
4.5 m (14.8 ft.) from an exterior side parcel line where it abuts
Highway 6 or 31A;
(f)
0.0 m (0 ft.) from an interior side parcel line; or
(g)
3.0 m (9.8 ft.) from an interior side parcel line that abuts a side
lane; or
(h)
4.5 m (14.8 ft.) from an interior side parcel line where it abuts a
residential zone.
.7
Minimum Building Width
The width of a single family dwelling shall not be less than 5.5 metres (18 ft.).
Zoning Bylaw - Consolidated to January 3, 2019
35
.8
Maximum Height of Buildings and Structures
(a)
The maximum height of principal buildings is 10.0 m (32.8 ft.) or two and
a half storeys, whichever is the lesser.
(b)
The maximum height for accessory buildings and structures is 5.0 m (16.4
ft.).
.9
Maximum Surface Parcel Coverage
The maximum surface parcel coverage for commercial buildings is 90% of the
parcel area subject to adequate sewage disposal being available.
The maximum surface parcel coverage for single and two-family dwellings is
45% of the parcel area.
.10
Landscaping
All land which is not used for parking, walks or gardens shall be landscaped.
Zoning Bylaw - Consolidated to January 3, 2019
36
C2 - LOCAL COMMERCIAL
SECTION 9
9.1
Permitted Uses
The following uses and no others shall be permitted in a C2 zone:
(a)
bed and breakfast;
(b)
business and professional office;
(c)
daycare;
(d)
guesthouse;
(e)
medical or dental office;
(f)
outdoor recreation equipment rental;
(g)
personal service establishment;
(h)
public utility building and structures, with no exterior storage of any kind
and no garage for the storage, repair, and maintenance of equipment;
(i)
single-family dwelling and two-family dwelling;
(j)
studio for arts, crafts, music, dance and photography;
(k)
woodworking shop;
(l)
sales directly associated with permitted uses;
(m)
accessory use.
9.2
Regulations
On a parcel located in a n area zoned C2, no building or structure shall be constructed,
located, or altered, and no plan of subdivision approved which contravenes the
regulations set out below:
.1
Minimum Parcel Area
The parcel area for the following uses shall not be less than:
(a) Single-Family Dwelling:
510 m2 (5,489.6 sq. ft.);
(b) Two-Family Dwelling:
765 m2 (8234.5 sq. ft.);
(c) Other Permitted Uses:
765 m2 (8234.5 sq. ft.).
.2
Minimum Parcel Frontage
The minimum parcel frontage on a highway is 15 m (49.2 ft.).
.3
Buildings Per Parcel
Zoning Bylaw - Consolidated to January 3, 2019
37
The number of buildings per parcel shall not be limited, except in the case of a
single-family or a two-family dwelling use which shall be limited to one
principal building.
.4
Minimum Setbacks from Parcel Lines
(1)
The minimum setbacks from parcel lines for Single-Family and Two-
Family Dwellings are as follows:
(a)
4.5 m (14.8 ft.) from a front parcel line;
(b)
1.5 m (4.9 ft.) from a rear parcel line;
(c)
3.0 m (9.8 ft.) from an exterior side parcel line;
(d)
1.5 m (4.9 ft.) from an interior side parcel line.
(2)
The minimum setbacks from parcel lines for all other permitted uses are
as follows:
(a)
4.5 m (14.8 ft.) from a front parcel line;
(b)
3.0 m (9.8 ft.) from a rear parcel line;
(c)
3.0 m (9.8 ft.) from an exterior side parcel line;
(d)
3.0 m (9.8 ft.) from an interior side parcel line that abuts a side
lane; or
(e)
1.5 m (4.9 ft.) from any other interior side parcel line.
.5
Minimum Building Width
The minimum building width is 5.5 m (18 ft.).
.6
Maximum Height
(a)
The maximum height of principal buildings is 8.5 m (27.9 ft.) or two
storeys, whichever is the lesser.
(b)
The maximum height for accessory buildings and structures is 5.0 m (16.4
ft.).
Zoning Bylaw - Consolidated to January 3, 2019
38
.7
Maximum Surface Parcel Coverage
The maximum surface parcel coverage is 60% of the parcel area subject to
adequate sewage disposal being available.
.8
Landscaping
All land which is not used for parking, walks or gardens shall be landscaped.
Zoning Bylaw - Consolidated to January 3, 2019
39
C3 - RESIDENTIAL COMMERCIAL SECTION 10
10.1 Permitted Uses
The following uses and no other shall be permitted in a C3zone:
(a)
single family dwelling;
(b)
single family dwelling for weekly or monthly rental for tourist
accommodation;
(c)
two-family dwelling;
(d)
church not greater than 185.8 sq. m. (2,000 sq. ft.) in gross floor area;
(e)
park;
(f)
playground;
(g)
home occupation;
(h)
public utility;
(i)
secondary suite;
(j)
bed and breakfast;
(k)
accessory use.
10.2 Regulations
On a parcel located in an area zoned C3, no building or structure shall be constructed, located
or altered, and no plan of subdivision approved which contravenes the regulations set out
below:
.1
Minimum Parcel Area
The parcel area for the following uses shall be not less than:
(a)
Single-family Dwelling
510 sq. m. (5,489.6 sq. ft.)
(b)
Two-family Dwelling
765 sq. m. (8,234.5 sq. ft.)
(c)
Other permitted uses
765 sq. m. (8,234.5 sq. ft.)
.2
Minimum Parcel Frontage
The minimum parcel frontage is 15 m (49.2 ft.)
.3
Exemptions from Minimum Parcel Area and Minimum Parcel Frontage
The minimum parcel area and parcel frontage requirements do not apply
where the land is used solely for parks, playgrounds or public utility uses.
Zoning Bylaw - Consolidated to January 3, 2019
40
.4
Principal Buildings Per Parcel
A parcel in a C3 zone is limited to a maximum of one principal building per
parcel.
.5
Minimum Setbacks from Parcel Lines
The minimum setbacks from parcel lines are as follows:
(a)
4.5 m (14.8 ft.) from the front parcel line;
(b)
1.5 m (4.9 ft.) from a rear parcel line;
(c)
3.0 m (9.8 ft.) from an exterior side parcel line;
(d)
1.5 m (4.9 ft.) from an interior side parcel line.
.6
Maximum Height
(a)
The maximum height of principal buildings is 8.5 m (27.9 ft) or two
storeys, whichever is the lesser.
(b)
The maximum height for accessory buildings and structures is 5.0 m (16.4
ft.).
.7
Minimum Building Width
The minimum building width is 5.5 m (18 ft.).
.8
Maximum Surface Parcel Coverage
The maximum surface parcel coverage is 45% of the parcel area.
Zoning Bylaw - Consolidated to January 3, 2019
41
P - PARKS
SECTION 11
11.1 Permitted Uses
The following uses and no others shall be permitted in a P zone:
(a)
arena;
(b)
campground;
(c)
daycare;
(d)
marina;
(e)
outdoor recreation equipment rental;
(f)
park, playground and public recreation;
(g)
public utility building and structure, with no exterior storage of any kind
and no garage for the storage, repair, and maintenance of equipment;
(h)
public dock, pier, wharf and raft;
(i)
residential dwelling in conjunction with a tourist commercial use;
(j)
restaurant;
(k)
accessory use.
11.2 Regulations
On a parcel located in an area zoned P, no building or structure shall be constructed,
located or altered, and no plan of subdivision approved which contravenes the
regulations set out below:
.1
Residential Dwelling in Conjunction with a Tourist Commercial Use
One dwelling unit in conjunction with the uses permitted in Section 11.1 for
the accommodation of owner, operator, or an employee of the establishment,
is permitted.
.2
Minimum Parcel Area and Minimum Parcel Frontage
(1)
The minimum parcel area is 1,100 m2 (11,840.4 sq. ft.).
(2)
The minimum frontage on a highway is 15 m (49.2 ft.).
(3)
The minimum parcel area requirements do not apply where the land is
used solely for parks, playgrounds, public recreation or a public utility
use.
Zoning Bylaw - Consolidated to January 3, 2019
42
.3
Buildings Per Parcel
There shall be no restrictions on the number of buildings per parcel.
.4
Minimum Setbacks from Parcel Lines
The minimum setbacks from parcel lines are as follows:
(a)
7.5 m (24.6 ft.) from a front parcel line;
(b)
7.5 m (24.6 ft.) from a rear parcel line;
(c)
7.5 m (24.6 ft.) from an interior side parcel line;
(d)
7.5 m (24.6 ft.) from an exterior side parcel line.
.4
Maximum Height
(a)
The maximum height of principal buildings is 8.5 m (27.9 ft.) or two
storeys, whichever is the lesser.
(b)
The maximum height for accessory buildings and structures is 10.0 m
(16.4 ft.).
.5
Maximum Surface Parcel Coverage
The maximum surface parcel coverage is 45% of the parcel area.
.6
Landscaping
All land which is not used for parking or exterior storage and which is not
screened shall be landscaped.
Zoning Bylaw - Consolidated to January 3, 2019
43
P1 - PARKS AND OPEN SPACE SECTION 12
12.1 Permitted Uses
The following uses and no others shall be permitted in a P1 zone:
(a)
campground;
(b)
park;
(c)
public dock, pier, wharf;
(d)
public utility building and structure, with no exterior storage of any kind
and no garage for the storage, repair, and maintenance of equipment;
(e)
open space;
(f)
accessory use.
12.2 Regulations
On a parcel located in an area zoned P1, no building or structure shall be constructed,
located or altered, and no plan of subdivision approved which contravenes the
regulations set out below:
.1
Minimum Parcel Area
There is no minimum parcel area required for uses in a P1 zone.
.2
Minimum Parcel Frontage
There is no minimum parcel frontage required for uses in a P1 zone.
.3
Buildings Per Parcel
There shall be no restrictions on the number of buildings per parcel.
.4
Minimum Setbacks from Parcel Lines
The minimum setbacks from parcel lines for uses in a P1 zone are as follows:
(a)
7.5 m (24.6 ft.) from the front parcel line;
(b)
7.5 m (24.6 ft.) from the rear parcel line;
(c)
7.5 m (24.6 ft.) from the interior side parcel line;
Zoning Bylaw - Consolidated to January 3, 2019
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(d)
7.5 m (24.6 ft.) from the exterior side parcel line.
.5
Maximum Height
(a)
The maximum height of principal buildings is 8.5 m (27.9 ft.) or two
storeys, whichever is the lesser.
(b)
The maximum height for accessory buildings and structures is 5.0 m (16.4
ft.).
.6
Maximum Height Exemptions
The following structures are exempt from the height limitations specified in
this zone:
(a)
baseball backstop;
(b)
playground equipment.
Zoning Bylaw - Consolidated to January 3, 2019
45
P2 - PUBLIC AND
SECTION 13
INSTITUTIONAL
13.1 Permitted Uses
The following uses and no others shall be permitted in a P2 zone:
(a)
church;
(b)
civic use;
(c)
community hall;
(d)
daycare;
(e)
hospital;
(f)
museum, heritage site, memorial centre;
(g)
public utility;
(h)
school;
(i)
accessory use.
13.2 Regulations
On a parcel located in an area zoned P2, no building or structure shall be constructed,
located or altered, and no plan of subdivision approved which contravenes the
regulations set out below:
.1
Minimum Parcel Area
The minimum parcel area is 700 m2 (7,534.8 sq. ft.).
.2
Minimum Parcel Frontage
The minimum frontage on a highway is 15 m (49.2 ft.).
.3
Exemptions from Minimum Parcel Area
The minimum parcel area requirements do not apply where the land is used
solely for a public utility use.
.4
Buildings Per Parcel
There shall be no restrictions on the number of buildings per parcel.
Zoning Bylaw - Consolidated to January 3, 2019
46
.5
Minimum Setbacks from Parcel Lines
The minimum setbacks from parcel lines for uses in a P2 zone are as follows:
(a)
6.0 m (19.7 ft.) from the front parcel line;
(b)
6.0 m (19.7 ft.) from the rear parcel line;
(c)
1.5 m (4.9 ft.) from the interior side parcel line;
(d)
3.0 m (9.8 ft.) from the exterior side parcel line.
.6
Maximum Height
The maximum height is 13.0 m (42.6 ft.) for principal buildings and 13.0 (42.6
ft.) for accessory buildings and structures.
.7
Maximum Surface Parcel Coverage
The maximum surface parcel coverage is 60% of the parcel area subject to
adequate sewage disposal being available.
Zoning Bylaw - Consolidated to January 3, 2019
47
E1 - ENVIRONMENTAL RESERVE
SECTION 14
The intent of zoning lands designated as E1 is to protect the Village=s water source.
14.1 Permitted Uses
The following uses and no others shall be permitted in an E1 zone:
(a)
municipal water supply;
(b)
park;
(c)
accessory use.
14.2 Regulations
On a parcel located in an area zoned E1, no building or structure shall be constructed,
located or altered, and no plan of subdivision approved which contravenes the regulations set
out below:
.1
Minimum Parcel Area
There is no minimum parcel area required for uses in an E1 zone.
.2
Minimum Parcel Frontage
There is no minimum parcel frontage required for uses in an E1 zone.
.3
Buildings Per Parcel
There shall be no restrictions on the number of buildings per parcel.
.4
Minimum Setbacks from Parcel Lines
The minimum setbacks from parcel lines are as follows:
(a)
4.5 m (14.8 ft.) from the front parcel line;
(b)
1.5 m (4.9 ft.) from a rear parcel line;
(c)
3.0 m (9.8 ft.) from an exterior side parcel line;
(d)
1.5 m (4.9 ft.) from an interior side parcel line.
Zoning Bylaw - Consolidated to January 3, 2019
48
.5
Maximum Height
(a)
The maximum height of principal buildings is 8.5 m (27.9 ft.) or two
storeys, whichever is the lesser.
(b)
The maximum height for accessory buildings and structures is 5.0 m (16.4
ft.).
.6
Maximum Surface Parcel Coverage
The maximum surface parcel coverage is 45% of the parcel area.
Zoning Bylaw - Consolidated to January 3, 2019
49
OFF-STREET PARKING
SECTION 15
AND LOADING
15.1 Application of Regulations
Space for the off-street parking and loading of motor vehicles in respect of a use
permitted under this Bylaw shall be provided and maintained in accordance with the
regulations of this section.
15.2 Location of Parking Spaces
.1
Except for uses in the C1 and C2 zones, off-street parking spaces shall be
located on the same parcel as the use they serve.
.2
In the C1 and C2 zones, off-street parking spaces may be located on another
parcel within 150 m (492 ft.) of the building or use the spaces serve under the
condition that legal assurances, satisfactory to the Village of New Denver are
established to ensure that the parcel or portion of the parcel is used only for
parking that serves the building or use.
.3
All parking areas shall have each space sited so as to permit unobstructed
access to and egress from each space at all times.
15.3 Dimension of Parking Spaces
In all zones, each off-street parking space shall be provided in accordance with the
following minimum specifications:
.1
Each off-street parking space required by this Bylaw shall be not less than 2.7
m (8.9 ft.) in width and 5.5 m (18.1 ft.) in length;
.2
Each off-street parking space shall have a vertical clearance of not less than 3.0
m (9.8 ft.);
.3
Each off-street parking space shall be located 0.3 m (1.0 ft.) or more from a
parcel line common to the street allowance.
15.4 Exemptions from Parking and Loading Requirements
Zoning Bylaw - Consolidated to January 3, 2019
50
The regulations contained in this section shall not apply to buildings, structures and
uses existing as of the date of adoption of this Bylaw except that:
.1
any alteration or addition to an existing building and structure or change or
addition to the existing use is governed by the Local Government Act;
.2
the number of off-street parking or loading spaces provided prior to the date
of adoption of this Bylaw shall not be reduced below the applicable off-street
parking requirements of this section.
15.5 Access to Highways
.1
All parking areas shall have access and egress to a highway or lane via not more
than two driveways of not less than 3 m (9.8 ft.) or more than 7.5 m (24.6 ft.)
wide each, provided that one additional driveway may be added for each 375
m2 (4,036.5 sq. ft.) of parking area in excess of 750 m2 (8,073 sq. ft.).
15.6 Surfacing of Off-Street Parking and Loading Spaces
All area used for parking and loading shall be surfaced with pavement, concrete, gravel
or other dust-free material.
15.7 Calculating the Number of Required Off-Street Parking and Loading Spaces
The number of required off-street parking and loading spaces shall be calculated as
follows:
.1
The number of off-street parking spaces required for a use, building or parcel
abutting Highway 6 or Highway 31A or having an access on to Highway 6 or
Highway 31A is calculated according to the Off-Street Parking Table 13.1 of this
section in which Column I sets out the use of a building or parcel and Column II
sets out the number of required parking spaces.
.2
The number of off-street parking spaces required for a use, building or parcel
not abutting Highway 6 or Highway 31A or not having access on to Highway 6
or Highway 31A is calculated according to the Off-Street Parking Table 13.2 of
this section in which Column I sets out the use of a building or parcel and
Column II sets out the number of required parking spaces.
.3
Where the calculation of the required off-street parking spaces results in a
fraction, one parking space shall be provided in respect of that fraction.
Zoning Bylaw - Consolidated to January 3, 2019
51
.4
Where a building contains more than one function, the required number of
spaces shall be the sum of the requirements for each function.
Zoning Bylaw - Consolidated to January 3, 2019
52
.5
Where seating accommodation is the basis for a unit of measurement under
this section and consists of benches, pews, booths or similar seating
accommodation, each 0.5 m (1.6 ft.) of length of such seating shall be deemed
to be one seat.
TABLE 15.1
REQUIRED OFF-STREET PARKING SPACES FOR BUILDINGS OR PARCELS ABUTTING HIGHWAY 6
OR HIGHWAY 31A OR HAVING AN ACCESS ON TO HIGHWAY 6 OR 31A
COLUMN 1
(USE)
COLUMN II
(REQUIRED NUMBER OF PARKING SPACES)
Accessory Residence
1 per accessory residence
Auto Sales and Repair
1 per 70 m2 of GFA + 1 per service bay
Animal Hospital/Kennel
1 per 30 m2 of GFA
Auction (Indoor)
1 per 10 m2 of auction floor
Bowling Alley
2 per alley
Boat Sales
1 per 40 m2 of GFA and 1 per 400 m2 of display area
Building Material Supply
1 per 40 m2 of GFA
Campground/Overnight Trailer
1 per campsite
Club/Lodge
1 per 4 seats
College
5 per classroom
Convenience Store
1 per 15 m2 of GFA or 4 whichever is greater
Cultural Facility (Art Gallery, Etc.)
1 per 40 m2 of GFA
Financial Institution
1 per 20 m2 of GFA
Funeral Parlour
1 per 5 seats
Gas Station
1 + 2 per service bay
Golf Course
150 stalls
Golf Driving Range
1 per tee + 2
Guest House
1 per unit
Health Salon
1 per 10 m2 of GFA
Zoning Bylaw - Consolidated to January 3, 2019
53
Hospital, General
0.75 per bed
Hotel
1 per guest room
Laboratory
1 per 40 m2 of GFA
Laundry/Dry Cleaning
1 per 40m2 of GFA
Laundromat
1 per 3 washing machines
Motel
1 per unit
Machinery Sales
1 per 100 m2 of display area
Marina
3 + 1 per 2 boat spaces
Nursery/Greenhouse
1 per 15 m2 of GFA
Medical Clinic
2 stalls per doctor or dentist
Office, General
1 per 30 m2 of GFA
Police Office
1 per 30 m2 of GFA
Pool, Swimming
1 per 15 m2 of GFA
Post Office
1 per 30 m2 of GFA
Public Bus Depot
1 per 20 m2 of waiting room
Residential, Single Family and Duplex
1 per dwelling unit
Recreation Centre (Arena)
1 per 10 m2 of ice area
Restaurant
1 per 4 seats
School, Elementary
2 per classroom
School, Secondary
5 per classroom
Store, Retail
1 per 30 m2 of GFA
Senior Citizen Home
1 per 4 dwelling units
Theatre
1 per 4 seats
Tourist Attraction
1 per 4 persons at capacity
Tire Repair
1.5 per bay
Vegetable/Fruit Stand
1 per 30 m2 of GFA
Zoning Bylaw - Consolidated to January 3, 2019
54
Warehouse
1 per 180 m2 of GFA
TABLE 15.2
REQUIRED OFF-STREET PARKING SPACES FOR BUILDINGS OR PARCELS NOT ABUTTING
HIGHWAY 6 OR HIGHWAY 31A OR NOT HAVING AN ACCESS ON TO HIGHWAY 6 OR 31A
COLUMN 1
(USE)
COLUMN II
(REQUIRED NUMBER OF PARKING SPACES)
Accessory Residence
1 per accessory residence
Arena
50 stalls
Club/Lodge
1 per 4 seats
College
1 per classroom
Community Centre
1 per 40 m2
Daycare
1 per daycare
Golf Course
2 per hole
Golf Driving Range
1 per tee + 2
Guest House
1 per unit
Hotel
1 per guest room
Motel
1 per unit
Marina
3 + 1 per 2 boat spaces
Office, General
1 per office establishment
Police Office
1 per 30 m2 of gross floor area
Post Office
1 per 30 m2 of gross floor area
Public Bus Depot
1 per 20 m2 of waiting room
Residential, Single Family and Duplex
1 per dwelling unit
Residential, Multi-Family
1 per dwelling unit
Restaurant
1 per restaurant
School, Elementary
1 per classroom
School, Secondary
1 per classroom
Zoning Bylaw - Consolidated to January 3, 2019
55
Senior Citizen Home
1 per 4 dwelling units
All Other Commercial Uses
1 per commercial establishment
15.8 Off-Street Loading Spaces
.1
Off-Street loading spaces for uses abutting Highway 6 or Highway 31A or
having an access to Highway 6 or Highway 31A shall be provided in accordance
with the following regulations:
(a)
The number of off-street loading spaces required for any use is
calculated according to Table 13.3 of this Bylaw in which Column 1
classifies the type of use and Column II sets out the number of off-street
loading spaces required:
TABLE 15.3
OFF-STREET LOADING SPACES REQUIRED FOR USES ABUTTING HIGHWAY 6 OR HIGHWAY 31A, OR
HAVING AN ACCESS ONTO HIGHWAY 6 OR HIGHWAY 31A
COLUMN I
(USE)
COLUMN II
(OFF-STREET LOADING SPACES REQUIRED)
Commercial Uses with a Floor Area of:
0 to 2000 m2
more than 2000 m2
1 space
2 spaces
(b)
Off-street parking spaces shall not be credited as off-street loading
spaces.
(c)
Each off-street loading space shall not be less than 10 m (32.8 ft.) in
length, 3 m (9.8 ft.) in width, and provide no less than 4 m (13.1 ft.) of
vertical clearance.
(d)
Each off-street loading space shall be located to the rear or side of the
principal building.
(e)
Each off-street loading space shall have vehicular access to a highway or
lane.
.2
Off-Street loading spaces for uses not abutting Highway 6 or Highway 31A or
not having an access on to Highway 6 or Highway 31A shall be provided in
accordance with the following regulations:
Zoning Bylaw - Consolidated to January 3, 2019
56
(a)
Off-Street loading spaces are not required.
L14210
L16276
A
H
I
G
B
J
F
C
K
E
D
L
12
20
35
51
64
6
5
11
34
21
48
50
49
10
4
47
70
73
74
68
75
66
77
65
78
76
67
42
56
59
40
39
43
55
60
16
17
15
38
44
54
61
13
19
36
46
52
63
14
18
37
62
G
71
85
41
P4177
P7513
R143
XK5794
W15052
P16878
V18688
XF19964
P557
KX95777
KL162705
KX46896
KM94239
164909I
NEP59522
KP114407
153096I
V14304
PP11181
P9501
P9501
KM36270
NEP21949
P4189
PP17330
NEP85233
NEP65425
NEP23214
V21798
P9501
P9501
PP13830
XE19656
XE19655
NEP19780
NEP23551
P9044
P557
XK11547
KT126955
P557
P557
KN162837
P557
P9501
P9501
DDG11234
P8877
P4177
P14188
P4177
P4177
P4177
P4177
P4177
P4177
P4177
P4177
KN79982
P4177
P3493
P4433
P4177
P12735
DD21453I
P4193
P12264
P557
154244I
P9618
P557
DD8215I
P557
R143
P557
P557
NEP23553
LA124708
KV42264
KL64544
KR160770
LB78196
KP163000
U20693
P557
XD29742
XD29741
XD29740
NEP21064
V14033
XG32715
U18566
XG25471
XE23082
V16008
V16009
NEP23552
V13676
159164I
XF11605
P4938
NEP21830
W13478
P4580
NEP85039
W13478
V18512
P17676
122133I
NEP69721
P9501
KP50834
NEP83029
KM161042
XJ32499
KX110181
KX82790
P557
P557
P557
XG8311
Q30839
XH2508
P17199
KM50398
P557
XF27025
XE18486
LB90633
LB61612
P557
KW177212
NEP22783
V15302
KX49980
LB84873
KM125326
NEP76881
P9793
XJ35104
XJ19254
KL166059
P557
KW32938
XB20813
LA94440
P557
XB3369
V17728
P557
P557
P557
XD20399
XD20398
XF19374
KX46008
W14451
XG9520
P557
P557
NEP19920
KL141489
P18986
NEP76546
P6766
CT45261I
R143
NEP76518
P12999
P2883
P6480
P12792
P557
P557
P557
NEP19696
P557
NEP88190
NEP90150
EPP6314
P557
LB383435
P9501
LB300432
LB413423
LB191420
CA1684930
LB294924
LB361059
LB259114
P557
LB129369
NEP2288
NEP
P15955
EPP12450
CA4037470
CA3913572
EPP31099
LB393675
50533I
P13206
P11597
P557
CA4322444
EPS2808
UNION
8TH
7TH
1ST
BELLEVUE
KILDARE
SLOCAN
6TH
COLUMBIA
3RD
HIGHWAY 31A
2ND
JOSEPHINE
9TH
HIGHWAY 6
10TH
DNVR THREE FRKS
11TH
5TH
GALENA
ELDORADO
KOOTENAY
9TH
KILDARE
HIGHWAY 6
10TH
6TH
JOSEPHINE
KOOTENAY
KOOTENAY
The following sources of data are updated as changes occur:
Cadastral Lot - Surveyed lots/parcels of land;
Sources: Crown Land Registry Services and RDCK
District Lot; Source: Crown Land Registry
Services, Integrated Cadastral Initiative (ICI) and RDCK
TRIM Data - Planimetry, Unsurveyed Roads, and Contours;
Source: Ministry of Water, Land and Air Protection
Zoning - Rural Land Use, Land Use and Zoning Bylaws,
where bylaws are in place;
Source: RDCK
Roads - Road centerline compiled 2003;
Source: RDCK
Regional District of Central Kootenay
Box 590, 202 Lakeside Drive, Nelson,
BC V1L 5R4
Phone: (250) 352-6665
Toll-Free 1-800-268-7325 (BC)
Fax: (250) 352-9300 Internet: www.rdck.bc.ca
DATA SOURCES
Village of New Denver
Zoning Bylaw
No. 612, 2007
LEGEND
legal
on
map
NOTE: Legal descriptions will vary and may not
contain information as seen in the example.
L 10220
NEP68178
Lot 2
(District Lot)
(Survey Plan)
(Lot Number)
SL 12 (Subsidy Lot)
Blk. 7 (Block Number)
SCHEDULE B -
ZONING MAP
Date: 10/27/2015
Map Projection: UTM Zone 11
Map Datum: NAD83
0
100
200
50
Meters
:
Village Boundary
Cadastral Lot
Zoning
R1 - Single & Two-Family Residential
R2 - Low Density Multi-Family Residential
C1 - Core Comercial
C2 - Local Comercial
C3 - Residential Comercial
E1 - Environmental Reserve
P - Parks
P1 - Parks & Open Space
P2 - Public & Institutional
Villag
e B
o
un
d
ary
Slocan Lake
Carpenter Creek