New Hazelton, British Columbia
· adopted 2025-12-01
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District of New Hazelton Zoning Bylaw No. 389, 2025
DISTRICT OF NEW HAZELTON
Bylaw No. 389, 2025
A bylaw to regulate the use of land, buildings and structures and the provisions of parking, screening
and landscaping
The Council for the District of New Hazelton, in open meeting assembled, enacts as follows:
TITLE
This Bylaw may be cited as District of New Hazelton Zoning Bylaw 389, 2025.
2
Table of Contents
1.0
PART A - INTRODUCTION ........................................................................................... 1
1.1
Title .............................................................................................................. 1
1.2
Purpose ........................................................................................................ 1
1.3
Measurements ............................................................................................. 1
1.4
Application ................................................................................................... 1
2.0
PART B - DEFINITIONS ................................................................................................ 2
2.1
Definitions .................................................................................................... 2
3.0
PART C - ADMINISTRATION ..................................................................................... 14
3.1
Application ................................................................................................. 14
3.2
Requirements for Compliance ................................................................... 14
3.3
Interpretation............................................................................................. 14
3.4
Violation ..................................................................................................... 14
3.5
Administration and Enforcement .............................................................. 14
3.6
Penalty ....................................................................................................... 14
3.7
Non-compliance with Siting, Size and Shape Requirements ..................... 15
3.8
Non-Conforming Uses ................................................................................ 15
3.9
Board of Variance Application ................................................................... 15
3.10
Severability ................................................................................................. 15
3.11
Effective Date of Bylaw .............................................................................. 15
3.12
Land Use Zones .......................................................................................... 15
4.0
PART D - ZONES ....................................................................................................... 16
4.1
Single Family Residential (R-1) ................................................................... 16
4.2
Medium Residential Density (R-2) ............................................................. 18
4.3
Multi-Unit Residential (R-3) ....................................................................... 20
4.4
Manufactured Home Residential Neighbourhood (R-4) ............................ 22
4.5
Rural Residential (R-5) ............................................................................... 23
4.6
Modular Home Residential (R-6) ............................................................... 25
4.7
Commercial Downtown (C-1) ..................................................................... 26
4.8
Service Commercial (C-2) .......................................................................... 28
4.9
Industrial (I-1) ............................................................................................. 30
3
4.10
Community Services (P-1) .......................................................................... 32
4.11
Rural Resource and Agriculture (RU) ......................................................... 34
5.0
PART E - GENERAL REGULATIONS ........................................................................... 36
5.1
Parking Requirements ................................................................................ 36
5.2
Uses Permitted in any Zone ....................................................................... 39
5.3
Size, Shape and Siting of Buildings and Structures .................................... 40
5.4
Visibility at Intersections ............................................................................ 40
5.5
Height Exceptions ...................................................................................... 40
5.6
Landscaping and Screening ........................................................................ 41
5.7
Prohibited Uses .......................................................................................... 46
5.8
Vehicle Storage .......................................................................................... 46
5.9
Accessory Buildings and Structures ........................................................... 46
5.10
Temporary Buildings .................................................................................. 47
5.11
Secondary Suites ........................................................................................ 47
5.12
Home-Based Businesses ............................................................................ 47
5.13
Bed & Breakfasts (B&B) ............................................................................. 48
5.14
Waste Management Requirements ........................................................... 48
5.15
Animal Control ........................................................................................... 49
5.16
Subdivision Parcel Requirements............................................................... 49
5.17
Floodplain Requirements ........................................................................... 49
5.18
Cannabis and Vape Retail Sales ................................................................. 50
5.19
Short-Term Rental Accommodations......................................................... 50
District of New Hazelton Zoning Bylaw No. 389, 2025
1
1.0
PART A - INTRODUCTION
1.1
Title
This Bylaw may be cited as the "District of New Hazelton Zoning Bylaw No. 389, 2025."
1.2
Purpose
In this Bylaw the District of New Hazelton regulates the use of land and structures to guide sustainable and
resilient development and to preserve the amenities of the District of New Hazelton for the benefit of the
community as a whole.
1.3
Measurements
All dimensions and other measurements in this Bylaw are expressed in the standard International Units
(Metric) System.
1.4
Application
No land, water surface, building or structure shall be used or occupied, and no building, structure, or part
thereof shall be erected, constructed, moved, altered or enlarged, unless in conformity with this Bylaw,
except as otherwise provided for in this Bylaw or in the Local Government Act.
District of New Hazelton Zoning Bylaw No. 389, 2025
2
2.0
PART B - DEFINITIONS
2.1
Definitions
"Abattoir" means the use of land, buildings, or other structures for one or more of the following: Slaughter
of animals; processing of animal carcasses including cutting, preserving, packing, and storing; the
wholesaling and retailing of products slaughtered or processed on the parcel.
"Accessory Building" in relation to a use, building or structure means incidental, secondary and exclusively
devoted to a principal use, building or structure expressly permitted by this Bylaw on the same lot or, if the
accessory use, building or structure is located on the common property in a bare land strata plan, on a strata
lot in that strata plan and specifically excluding heat pumps and other mechanical equipment, gas meters
and propane tanks that are permanently affixed to a building or structure by way of plumbing or other duct
work.
"Accessory Residential Dwelling Unit" means a dwelling unit, which is ancillary to the principal use being
made of the parcel upon which the accessory dwelling unit is located.
"Affordable Housing" means a continuum of multi-unit residential housing that provide the District of New
Hazelton with a diverse housing stock, including supportive needs housing, and a baseline of housing costs
that does not exceed 30% of the gross household's income.
"Agriculture" means a use providing for growing, rearing, producing and harvesting of agricultural products;
includes the storage and sale on an individual farm of the products harvested, reared, or produced on that
farm and the storage of farm machinery and implements used on that farm; specifically excludes Intensive
Agriculture and all manufacturing, processing, storage and repairs not specifically included in this definition.
"Agriculture, Intensive" means the use of land, buildings and structures by a commercial enterprise or an
institution for the confinement of poultry, livestock or fur bearing animals, or the growing of mushrooms.
"Amenity Space" means an outdoor and indoor space provided in a development and specifically designed
for use for cultural, social, and recreation activities and, except as specifically permitted in the zone, not
used for commercial purposes. Such spaces may include community meeting space, day cares, urban plazas,
sports, and fitness facilities, cultural facilities, artist studios, workshops, tennis courts, outdoor swimming
pool, garden patches, and children's play structures.
"Animal Breeding and Boarding" means keeping, breeding or boarding four or more pets over the age of
four months, and may include accessory pet grooming and training services.
"Animal Hospital" means those premises where domestic pets, animals and birds are treated inside a
building and kept for medical or surgical purposes and are directly or indirectly under the care of a
veterinarian. This use also includes animal grooming, training and daycare, but does not include an animal
shelter. Animals are to be kept overnight only when required for medical supervision.
"Apartment Housing" means any physical arrangement of attached dwelling units for all types of occupants
(including special needs care) intended to be occupied by separate households for full time residential
occupancy, which does not conform to the definition of any other residential use class.
District of New Hazelton Zoning Bylaw No. 389, 2025
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"Automotive and Recreation Vehicle Services" means the retail sale, rental and/or servicing and repairing
of new or used automobiles, bicycles, motorcycles, snowmobiles, tent trailers, boats and marine products,
travel trailers or similar light recreational vehicles, together with the sales of parts and outdoor storage. It
includes automobile dealerships for new and used vehicles.
"Auto Wrecking" means an area where motor vehicles are wholly or partially disassembled, dismantled, or
junked, or where vehicles not in operable condition or used parts of motor vehicles are stored.
"Bed and Breakfast" means the accessory use of up to a maximum of three bedrooms in a single family
dwelling for tourist accommodation on a nightly basis.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy, but
excludes tents and recreational vehicles.
"Building Envelope" means the portion of a lot on which a residential building can be sited according to the
setback requirements of this Bylaw; and for the purposes of calculating the area of a building envelope, any
area used or required to be used for a septic field (including backup fields) must be excluded.
"Building Footprint" means the horizontal area within the vertical projection of the outermost walls of a
building or structure.
"Building Official" means the Building Official for the District of New Hazelton.
"Building and Supplies" means the retail sale or wholesale of building materials, fixtures or hardware,
garden furniture, construction and home improvement equipment or supplies, animal feed, farm supplies
and includes a lumber yard, building supply outlet, home improvement centre and may include accessory
rental of home construction, maintenance or repair equipment.
"Bulk Fueling Station" means any building or land used or intended to be used for the sale or storage of
vehicle fuels or lubricants, either through the use of keys, cards or service attendants, but does not include a
gas station. A bulk fueling station may include accessory retail sales of other motor vehicle related products,
a convenience store, and a restaurant.
"Business Support Services" means development providing support services to businesses that are
characterized by one or more of the use of minor mechanical equipment for printing, duplicating, binding or
photographic processing, secretarial services, the provision of office maintenance or custodial services, the
provision of office security, and the sale, rental, repair, or servicing of office equipment, furniture and
machines. Typical uses include, but are not limited to, printing establishments, testing, laboratories, film
processing establishments, janitorial firms and office equipment sales, repair establishments and sign shops.
"Campground" means land that has been planned, improved, or occupied for the seasonal short term use of
tents and recreational vehicles and is not used as year round storage or accommodation for residential use.
Typical uses include recreational vehicle sites, campsites and tenting grounds. This use may include
accessory facilities for eating and assembly purposes, washrooms and bathing facilities, entrance kiosk,
spectator and convenience retail with a maximum gross floor area of 100 m².
"Cannabis Retail Sales" means a business specific to the retail sale of cannabis or cannabis accessories as
lawfully permitted and authorized under the Cannabis Control and Licensing Act.
District of New Hazelton Zoning Bylaw No. 389, 2025
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"Car Wash" means a facility designed, maintained or intended for the washing of vehicles or trailers on an
automated, semi-automated or manual basis.
"Coffee Shop or Café" means a building or establishment used to prepare and serve beverages, snacks and
light meals.
"Commercial Use" means an occupation, employment or enterprise that is carried on for gain or monetary
profit by any person.
"Community Care Facility" means a facility licensed pursuant to the Community Care and Assisted Living Act
and may include assisted living and supported care.
"Community Garden" is a piece of land gardened by a group of people for the purpose of providing a garden
experience/education to residents of the District of New Hazelton. Often they are offered for the purpose of
food production and may be developed to support food security. They are offered in partnership between
parks and community-based organizations and are subject to all policies and bylaws governing public lands.
"Contractor Service" means providing heavy building, utility and highway construction services including
road, bridge, pipeline, communication, site preparation, landscaping, concrete, logging, excavation, drilling,
carpentry or similar services of a construction nature which require outdoor storage. This use may include
accessory retail and wholesale, display, office, technical support, manufacturing, fabricating and assembly
activities and fleet storage for any number of vehicles. This use also includes minor contractor services that
require accessory outdoor storage and/or fleet storage for more than 4 fleet vehicles. The combined floor
area devoted to accessory office, technical, administrative support or retail sale operations shall not exceed
25% of the gross floor area of the building(s) devoted to the major contractor service use on the same site.
"Convenience Store" means a retail commercial store supplying groceries and other daily household
necessities to the immediate surrounding area but does not include cannabis retail stores.
"Corner Lot" means a lot at the intersection or junction of two or more highways which has both a front lot
line and an exterior side lot line.
"Craft Brewery or Distillery" means the use of a building for the brewing or distilling of alcoholic beverages
or alcoholic products with alcoholic content exceeding 1% by volume, where the use may involve the milling
of grain, rice or malt, in a limited capacity.
"Daycare" means a facility that provides personal care, supervision, social or educational training or physical
or mental rehabilitative therapy, with or without charge, to no more than eight children (or as per licensing
requirements), which may or may not be licensed pursuant to the Community Care and Assisted Living Act.
"Density" means a measure of the intensity of development to the area of the site, including the number of
units on a site measured in units/area or floor area ratio, as the case may be.
"Duplex" means a fee simple or strata residential use in a building which is divided into two dwelling units
which are either placed one above the other or side by side sharing a common wall dividing habitable space,
each unit of which may be occupied by one household.
District of New Hazelton Zoning Bylaw No. 389, 2025
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"Dwelling Unit" means a suite or rooms operated as a housekeeping unit, used or intended to be used as a
domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary
facilities, but excluding all accommodations for the travelling public other than bed and breakfast
operations.
"Educational Services" means development that involves public assembly for education, training or
instruction, which is publicly supported and includes the administration offices required for the provision of
such services on the same site. Typical uses include, but are not limited to, public schools, community
colleges, universities and technical and vocational schools and their administrative offices and student
housing.
"Emergency and Protective Services" means a public facility used by fire protection, police, ambulance or
other such rescue services as a base of operations.
"Entertainment Facility and Theatre" mean a building or part of a building devoted to showing motion
pictures or dramatic, musical or live performances.
"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 secondary staff
residences. Typical uses include, but are not limited to, hospitals, nursing homes with health care for
dependent residents, mental care asylums, sanatoria and detoxification centres.
"Feed/Seed Storage" means a land use involving the storage, handling, and distribution of agricultural feed
and seed products intended for commercial sale or farm use.
"Financial Institutions" means a bank, trust company, savings and loans, credit unions, cheque cashing
service, income tax service, bookkeeping and similar uses providing financial services to the public.
"Floor Area" means the sum of the horizontal areas of each storey of the building measured from the
exterior faces of the exterior walls. The floor area measurement is exclusive of basement areas used
exclusively for storage or service to the building, attics, attached garages, carports, breezeways, porches,
balconies, exit stairways, corridors and terraces. In the case of multiple dwelling housing, public corridors,
common amenity spaces and building mechanical systems are also excluded. In the case of congregate
housing, communal dining and kitchen facilities are excluded.
"Floor Area Ratio" (FAR) means the figure obtained when the Gross Floor Area of all the buildings on a lot is
divided by the area of the lot, except that the following are not included as floor area for the purpose of
computing floor area ratio:
(a) Any portion of a storey used for parking purposes, unless such parking is a principal use;
(b) Any portion of a basement or cellar containing heating, laundry, recreational or storage facilities;
(c) Swimming pools and open sundecks; and
(d) Any portion of a penthouse containing elevator or ventilating machinery.
"Food Services" means a business that, in return for consideration, serves prepared food to the public for
consumption on or off the premises, including a coffee shop, delicatessen, restaurant or drive-through
restaurant, specifically excluding a liquor establishment.
District of New Hazelton Zoning Bylaw No. 389, 2025
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"Front Building Line" means the line parallel to the front lot line, passing through the point of the building
nearest the front lot line, and in the case of a panhandle lot means the lot line or lines nearest the abutting
highway, but not forming a boundary of the access strip.
"Garage or Carport" means a detached accessory building or a portion of a principal building whose
principal use is for vehicle parking.
"Garden Suite" means an accessory detached dwelling unit in addition to the principal Single Family
Residential Use unit/guesthouse. A Garden Suite has cooking facilities, food preparation, sleeping and
sanitary facilities which are separate from those of the principal dwelling located on the subject property.
"Gas Bar" means a development used for the sale of motor fuel, lubricating oils, automotive fluids and
associated convenience store products. The gas bar may be a self-service, full service, key lock, card lock or
other similar operation and may include Car Wash facilities as a secondary use. This does not include minor
and major service stations.
"Gas Station" means a place of business where flammable automotive fuels, oil and automotive accessories
are supplied to the travelling public at retail.
"Golf Course" means the premise designed and laid out for the purposes of playing golf and may include
buildings and/or structures. This use includes, but is not limited to, clubhouses, recreation facilities, banquet
facilities, golf driving range, mini golf, golf course maintenance facility, caretaker's dwelling unit, food
primary establishments, liquor primary establishments and other buildings and or structures secondary to
the primary use.
"Greenhouses and Plant Nursery" means a development used primarily for the raising, storage and sale of
produce and related materials, which includes, but are not limited to, bulbs, seed, tools, soil, fertilizers,
flowers, plants and seedlings.
"Gross Floor Area" means the total area of all floors enclosed by the inside edge of the exterior walls of a
building including without limitation, stairways, elevator shafts, storage and mechanical rooms.
"Guest House" means a dwelling in which no more than six but not less than three guest rooms are rented,
dependent on lot size, with or without meals being provided, to a maximum of fifteen persons, other than
members of the immediate family, tenant or owner.
"Guest Room" means not more than one habitable room that is used for temporary accommodation of
paying guests which may include a bathroom.
"Guide and Tour Services" means a business primarily arranging and operating custom wilderness
adventure and recreational tours and associated guide services, but does not include travel agencies or
retail commercial.
"Health and Wellness Services" means a development used for the provision of physical or mental health
services on an out-patient basis. Services may be of a preventative, diagnostic, treatment, therapeutic,
rehabilitative or counseling nature. Typical uses include, but are not limited to, medical and dental offices,
chiropractors, spa facilities, massage therapists and acupuncture clinics, health clinics, and counseling
services.
District of New Hazelton Zoning Bylaw No. 389, 2025
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"Height" means the vertical distance from the average finished ground level at the perimeter of a building
or structure to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, and 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.
"Highway" includes a street, road, lane, bridge, viaduct and any other way open to the use of the public, but
does not include a private right of way on private property.
"High Technology Research and Product Design" means the research and/or design, but not manufacturing
or distribution, of products used in the fields of computer software and programming, electronics,
telecommunications, aeronautics, precision engineering, robotics, biochemistry, health care and related
industries.
"Hobby Farm" means land on which an accessory barn, stable or animal shelter may be erected to house
domestic animals kept for recreational purposes or for home consumption by the occupants of the dwelling.
"Home Occupation" means an occupation, profession or craft conducted by an occupant for consideration
which is clearly incidental and accessory to the use of the dwelling unit for residential purposes.
"Home Based Business" means an activity consisting of the use of the primary dwelling unit and/or
secondary building/structure for a business by a resident who resides for more than 240 days of a year at
that dwelling unit. The business must be secondary to the residential use of the building and no aspects of
business operations shall be detectable from outside the property and shall not change the residential
character of the dwelling, secondary building or accessory building
"Hostel" means a building used as a temporary place of lodging containing one or more dormitories and
includes common areas for washing, cooking, bathroom, kitchen, dining and social facilities.
"Hotel" means providing rooms or suites for temporary sleeping accommodation where the rooms have
access to an enclosed common interior corridor and may be equipped with individual kitchen facilities. This
use may include accessory food and beverage services, conference facilities, spectator entertainment,
patron participation, spa facilities, minor indoor and outdoor recreation and personal services for the
convenience of guests.
"Industry, Heavy" means the processing, manufacturing, fabricating or assembling of semi-finished or
finished goods, products or equipment from raw materials, the storage, cleaning, servicing, repairing or
testing of materials, goods and equipment normally associated with industrial or business use. This use
typically has area, intensity, and land use impacts with greater magnitude and significance than light
industry. This use includes a sawmill, planing mill, veneer and plywood plant, wood preserving, brewing or
distilling, the manufacturing of prefabricated, log, or manufactured homes, carpet mill, vehicle, heavy
equipment, tank, boiler, or shipping container manufacturing. This use may include an accessory office,
technical and administrative support, the retail sale of goods processed, manufactured, fabricated, or
assembled on same site, major vehicle repair or washing, warehousing, wholesale and commercial
education. The combined floor area devoted to accessory office, technical, administrative support or retail
sale operations shall not exceed 25% of the gross floor area of the building(s) devoted to the heavy
industrial use on the same site.
District of New Hazelton Zoning Bylaw No. 389, 2025
8
"Industry, Light" means the processing, manufacturing, fabricating or assembling of semi-finished or
finished goods, products or equipment, the storage, cleaning, servicing, repairing or testing of materials,
goods and equipment normally associated with industrial, business or household use. This use typically has
area, intensity, and land use impacts with lesser magnitude and significance than heavy industry. This use
includes manufacturing of packaged food (not including an abattoir) and beverage products, clothing,
leather, electronics, and furniture manufacturing, metal or hardware fabrication and machine shop. This use
may include an accessory office, technical and administrative support, the retail sale of goods processed,
manufactured, fabricated or assembled on same site, minor vehicle repair or washing, warehousing,
wholesale and commercial education. The combined floor area devoted to accessory office, technical,
administrative support or retail sale operations shall not exceed 25% of the gross floor area of the
building(s) devoted to the light industrial use on the same site. This use does not include other uses that are
defined separately. This use includes only those developments where activities and uses are primarily
carried on within an enclosed building and no significant nuisance factor is created or apparent outside an
enclosed building.
"Industrial High Technology" means the research and/or design, including the manufacture and/or
distribution, of products used in the fields of computer software and programming, electronics,
telecommunications, aeronautics, precision engineering, robotics, biochemistry, health care and related
industries. Related industries may include business services such as data storage, provision of server space
and servicing of computer equipment. This use may include up to 25% of the space to be used for an office
component.
"Landscape Architect" means a person who holds the designation of Landscape Architect as per the
Architects (Landscape) Act.
"Landscaping" means the planting and maintenance of lawns, shrubs and trees and the addition of fences,
benches, walks, drives or other structures and materials used in landscape architecture and includes the
retention of existing trees and plants where appropriate, for the purpose of enhancing the natural
environment.
"Liquor Store" means premises licensed pursuant to the Liquor Control and Licensing Act where the
principal use is the retail sale of bottled or canned alcoholic beverages.
"Lot" means any parcel, block or other area in which land is held or into which it is subdivided whether
under the Land Title Act or the Bare Land Strata Regulations under the Condominium Act.
"Lot Area" means the total area of land comprising the lot, but excluding any panhandle area.
"Lot Coverage" means the sum of the areas of the building footprints of every building or structure on the
lot, expressed as a percentage of the lot area, and in the case of a building or structure with no walls the
building footprint shall be the horizontal area within the drip line of the roof.
"Lot Frontage" means the length of that lot boundary which abuts a highway, or access route in a bare land
strata, and for this purpose "highway" does not include a walkway or emergency access route.
"Lot Line" means the boundary of a lot:
District of New Hazelton Zoning Bylaw No. 389, 2025
9
(a) "Front Lot Line" means the lot line that is common to the lot and an abutting highway or access
route in a bare land strata plan, and where there are two or more such lot lines the shortest is
deemed the front lot line, and in the case of a panhandle lot means the lot line or lines nearest the
abutting highway, but not forming a boundary of the access strip;
(b) "Rear Lot Line" means the lot line that is opposite the front lot line in the case of a lot having four
sides and, where the rear portion of a lot is bounded by intersecting side lot lines the point of
intersection is deemed the rear lot line;
(c) "Exterior Side Lot Line" means a lot line that is not a front or rear lot line and that is common to the
lot and an abutting highway or access route in a bare land strata plan; and
(d) "Interior Side Lot Line" means a lot line that is not a front, rear or exterior side lot line.
"Lot Width" means the horizontal distance between the two side parcel lines measured at a right angle to
the parcel depth at a distance of 7.5 metres from the front parcel line; for panhandle lots, the calculation of
lot width excludes the narrow strip of land that forms the panhandle portion.
"Manufactured Home" means a transportable, single, or multi-sectional dwelling unit conforming to the
CAN/CSA Z240 standard intended to be occupied in a place other than its manufacture.
"Mini Storage" means a building or group of buildings containing lockers or storage units available for rent
or lease for the storage of household goods, commercial goods, vehicles, or personal property.
"Mixed Use" means a building that has commercial uses located on the ground floor and residential uses
located on the upper floors of the building or to the rear of the commercial use.
"Manufactured Home Residential Neighbourhood" means a development for manufactured homes not
having a registered plan of individual lots. Spaces, or spaces with individual manufactured homes already
sited on them, may be rented for residential occupation. This does not include the situation where an
additional agricultural dwelling is located on a lot where the principal dwelling is a manufactured home.
"Modular Dwelling Unit" means a factory-built dwelling unit built to CSA specification A-277 under the
Manufactured Home Act (SBC 2003) suitable for year-round, long term occupancy that is transportable in
one or more sections and is designed for use with a poured foundation when attached to the required
utilities.
"Motel" means a building or buildings providing accommodation for the travelling public only, each unit of
which has its own sanitary facilities including water closet, wash basin and kitchen, in respect of which a
guest register is required to be kept pursuant to the Hotel Guest Registration Act.
"Multi-Unit Residential" means a building or buildings containing three or more dwelling units on a parcel
and includes row housing, cluster housing and apartment uses.
"Natural Boundary" means the visible high-water mark of any lake, river, stream or other body of water
where the presence and action of the water are so common and usual, and so long continued in all ordinary
years, as to mark upon the soil of the body of the lake, river, stream, or body of water a character distinct
from that of the banks thereof and in the case of a lot having a surveyed high water mark, means the high
water mark.
District of New Hazelton Zoning Bylaw No. 389, 2025
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"Natural Resource Extraction" means the quarrying, processing, removal, and off-site sale of sand, gravel,
earth, mineralized rock, or other natural resources found on or under the site, including timber and forest
products. Typical uses include, but are not limited to, quarries, gravel pits, stripping of topsoil, and forestry
operations such as logging, timber harvesting, and removal of forest products. This does not include
processing of raw materials transported to the site.
"Non-conforming Use" means any lawful use existing at the time of the adoption of this Bylaw which does
not conform to all the provisions of this Bylaw for the zone in which such building or use is located.
"Office" means the operation of governmental and Crown Corporation offices, business, medical and
professional offices, not for profit organization offices, neighbourhood police stations without prisoner
holding facilities, libraries and health centres.
"Panhandle Lot" means any lot, with any of the building envelope situated directly behind another lot so
that it gains frontage through the use of a relatively narrow strip of land which is an integral part of the lot.
"Park" means land for public use or intended for outdoor recreational purposes, and includes archeological,
historical or natural sites.
"Personal Services Establishment" means uses that 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. Typical uses
include, but are not limited to, barber shops, hairdressers, estheticians, tailors, dress makers, shoe repair
shops, dry cleaning establishments, and laundries, but do not include health services.
"Principal" in relation to a use, building or structure means the main or primary use, building or structure, as
the case may be, conducted or constructed on a lot.
"Public Amenity Use" means a building and associated facilities used by the public upon payment of an
admission fee or free of charge for cultural, social or recreational activities.
"Public Exhibit" means the collection of literary, artistic, musical and similar reference materials in the form
of books, manuscripts, recordings and films or a development for the collection, preservation and exhibition
of works or objects of historical, scientific, natural, archival or artistic value. Typical uses include libraries,
museums, art galleries, botanical gardens, arboreta and archaeological and cultural exhibits. This use may
include accessory retail, spectator entertainment and patron participation entertainment.
"Public Utility" means a use providing for public utility facilities for water, sewer, electrical, telephone, gas,
municipal energy systems and similar services where such use is established by one of the levels of
government, a Crown Corporation or by a company regulated by a government commission.
"Public Use" means any use intended to be conducted in a facility or upon land which is owned by and
operated for public use by school districts, municipal, provincial, First Nation or federal governments.
"Recycling Facilities" means facilities for the recovery, composting, storage and shipping of discarded
consumer materials excluding vehicles.
District of New Hazelton Zoning Bylaw No. 389, 2025
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"Recreational Vehicle" means a vehicle intended as a temporary accommodation for travel, vacation, or
recreational use and includes travel trailers, motor homes, slide-in campers, chassis-mounted campers, and
tent trailers.
"Recreational Vehicle Storage" means an area or facility intended for the long-term parking and storage of
Recreational Vehicles.
"Recreation Services" means facilities within an enclosed building for sports, active recreation and
performing and cultural arts. Typical uses include athletic clubs, health and fitness clubs, swimming pools,
bowling alleys, karate club, dance studios and racquet clubs.
"Recycling Centre" means unattended bins and containers for the collection and temporary storage of
recyclable materials; including cardboard, plastics, glass, paper, cans and similar household goods.
Recyclable material left at the drop-off shall be periodically removed and taken to larger, permanent
recycling operations for final recycling. This use does not include waste management or wrecking yard.
Minor recycling centres are permitted as an accessory use with any multiple dwelling residential,
commercial, industrial or institutional use subject to the landscaping and screening provisions of this Bylaw.
"Religious Assembly" means the assembly of persons for religious worship, services, or rites and may
include accessory food and beverage service, administration, educational, social, recreational, charitable or
philanthropic activities, spectator entertainment, patron participation entertainment and a residence for a
caretaker or head of congregation. Typical uses include chapel, church, convent, monastery, mosque, parish
hall, rectory, seminary, synagogue and temple.
"Residential Building" means a single family dwelling, multi-family dwelling, attached housing or apartment.
"Residential Use" means a use which pertains clearly to the accommodation and home life of a person or
household.
"Resort Condominium" means a development, which provides resort and seasonal accommodation for
transient motorist, tourists and/or vacationers.
"Restaurant" means an eating establishment where food is sold to the public for immediate consumption
within the premises or delivered to other premises, but excludes drive-in and drive-through restaurants and
fast food outlets.
"Retail Commercial " means a building where goods, wares, merchandise, substances, articles, tourism-
related services and products are offered or kept for sale at retail and includes storage on or about the store
premises of limited quantities sufficient only to service such stores.
"Riparian Area" are areas adjacent to streams, lakes, oceans and wetlands. These areas support a unique
mixture of vegetation and habitat. Riparian areas are involved in the following actions:
-
Filter contaminants from surface runoff and prevent erosion;
-
Sedimentation control;
-
Shade surface waters and maintain cool water temperatures;
-
Flood protection;
-
Provide fish and animal habitat and corridors; and
District of New Hazelton Zoning Bylaw No. 389, 2025
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-
An important food source for fish, invertebrates and animals.
"Secondary Suite" means a self-contained accessory dwelling unit that is completely located within, and
forms part of, a single family residential dwelling.
"Service Station" means development used for the servicing, washing and the sale of gasoline, other
petroleum products and a limited range of vehicle parts and accessories.
"Service, Business Support" means development providing support services to businesses that are
characterized by one or more of the use of minor mechanical equipment for printing, duplicating, binding or
photographic processing, secretarial services, the provision of office maintenance or custodial services, the
provision of office security, and the sale, rental, repair, or servicing of office equipment, furniture and
machines. Typical uses include, but are not limited to, printing establishments, testing, laboratories, film
processing establishments, janitorial firms and office equipment sales, repair establishments and sign shops.
"Service, Industrial Support" means services to businesses and buildings including locksmiths, armoured car
services, laundering uniforms, table cloths or other items for a business, extermination and pest control
services, janitorial services, window cleaning service, waste collection, carpet and upholstery cleaning
service, duct and chimney cleaning service, septic tank installation, sign shop, pumping and repair services,
water-well and other drilling services.
"Setback" means the shortest distance from a lot line to a structure or building.
"Shooting Range" means a facility designed and operated for the purpose of the safe discharging of
firearms, including but not limited to rifles, shotguns, and handguns, for recreational, training, or
competitive purposes.
"Short-term Rental Accommodations" means the use of a Dwelling Unit or room within a Dwelling Unit
intended for temporary overnight accommodation for a period of less than 90 consecutive days, provided
the property is the principal residence of the registered property owner.
"Sight Triangle" means the area formed by a triangle in the angle formed by the right-of-way boundaries or
boundaries produced on two points in those boundaries, 6 m from the point of intersection, as shown cross-
hatched in the drawing in Section 5.4.
"Single Family Residential" means a residential use in a detached building which is limited to only one or
more rooms designed, occupied or intended for living, sleeping and food preparation, for use including
occupancy by one or more persons as an independent and separate residence in which cooking, sleeping
and sanitary facilities are provided for the exclusive use of such person or persons.
"Structure" means anything constructed, erected or placed, the use of which requires location on the
ground or attachment to something having location on the ground, including any satellite dish antenna, but
excluding any fence, retaining wall, underground sewage disposal facility, paved, or concrete surface and
any heat pump and other mechanical equipment, gas meter and/or propane tank that is permanently
affixed to a building or structure by way of plumbing or other duct work.
"Temporary Construction Camp" means one or more modular buildings or structures established for the
purpose of providing residential accommodations and supports to workers, arranged to provide individual
District of New Hazelton Zoning Bylaw No. 389, 2025
13
sleeping units (1 person per unit) with or without individual bathrooms, meals in communal dining areas,
and communal areas for recreation, laundry and other basic living essentials.
"Townhouse" means a single building comprised of three or more dwelling units separated one from
another by party walls extending from foundation to roof, with each dwelling unit having a separate, direct
entrance from grade.
"Transportation Depot" means a transportation facility providing for the receiving and discharge of
passengers traveling by, rail, water, bus, taxi or other vehicle and may include accessory ticket offices,
luggage checking and may include the accessory trans-shipment of goods.
"Unlicensed Vehicle" means a vehicle which is not currently licensed in accordance with the Motor
Vehicle Act, R.S.B.C. 1979, C.288, as amended.
"Use" means the purpose or function to which land, the surface of water, buildings or structures are
designed, intended to be put or put.
"Vaping Retail Sales" means a business specific to the retail sale of vapour products, including electronic
cigarettes, vape pens, e-liquids, and related accessories as lawfully permitted and authorized under the
Tabacco and Vapour Products Control Act.
"Veterinarian" means a facility used for care, boarding, training, treatment, or grooming of small animals
and includes sales of associated products. Typical accessory uses include pet grooming salons and daytime
boarding but does not include the sale of animals.
"Zone" means a zone established in this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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3.0
PART C - ADMINISTRATION
3.1
Application
The provisions of this Bylaw apply to the District of New Hazelton shown on Schedule "B" (Zoning Map)
which forms part of this Bylaw.
3.2
Requirements for Compliance
Land or the surface of water in the District of New Hazelton may not be used, land may not be subdivided,
buildings and structures on land or on the surface of water may not be constructed, altered, located or used
and signs may not be erected or located on any land except as specifically permitted by this Bylaw or the
District of New Hazelton Sign Bylaw No. 23, 1983. All siting measurements must be made on a horizontal
plane from the natural boundary, lot line or other feature specified in this Bylaw to the nearest portion of
the building, structure or use in question.
3.3
Interpretation
Any reference to a regulation, statues or bylaw refers to that enactment and as it may be amended or
replaced from time to time.
3.4
Violation
Every person commits an offence under this Bylaw, who, being an owner or occupier of land or of the
surface of water in the District of New Hazelton:
1) Violates any property that is subject to regulation under this Bylaw, for the purpose 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 of land or the surface of water in
a manner prohibited by or contrary to any of the provisions of this Bylaw; and
5) Fails to comply with an order, direction or notice given under this Bylaw; or prevents or obstructs
or attempts to prevent or obstruct a person authorized from entering on the property.
3.5
Administration and Enforcement
In accordance with Section 16(1) to (6) of the Community Charter, the District of New Hazelton CAO or any
other person designated by them to administer this bylaw, is authorized to enter, at any reasonable time,
upon any property that is subject to regulation under this Bylaw for the purpose of determining whether the
regulations are being observed. No person may obstruct the CAO or any other designated person engaged
in the administration or enforcement of this Bylaw.
3.6
Penalty
1) Every person who commits an offence against this Bylaw is liable, upon summary conviction, to a
fine and penalty not exceeding $10,000 and the costs of prosecution;
2) Each day during which an offence against this Bylaw is continued is deemed to constitute a new
and separate offence; and
3) The penalties imposed will be in addition to and not in substitution for any other penalty or
remedy imposed by this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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3.7
Non-compliance with Siting, Size and Shape Requirements
A building existing at the time of adoption of this Bylaw that fails to comply with the requirements relating
to siting, size and shape must not be altered or extended unless such alterations or extensions are in
accordance in all respects with the requirements of this Bylaw.
3.8
Non-Conforming Uses
The regulations governing non-conforming uses are set forth in the Local Government Act.
The lawful use of any land, building or structure existing at the time of the adoption of this Bylaw may be
continued (subject to the provisions of the Local Government Act), although such use does not conform to
the provisions of this Bylaw.
3.9
Board of Variance Application
The Board of Variance duly established under a Bylaw of the District of New Hazelton will hear and
determine any application permitted by the Local Government Act.
3.10
Severability
If any provision of this Bylaw is for any reason held to be invalid by a decision of any Court of competent
jurisdiction, the invalid provision must be severed from the Bylaw and the decision that such provision is
invalid must not affect the validity of the remaining provisions of the Bylaw.
3.11
Effective Date of Bylaw
This Bylaw will come into force and take effect upon the final adoption thereof.
3.12
Land Use Zones
The locations of zones established by this Bylaw are shown on the Official Zoning Map of the District of New
Hazelton accompanying and forming part of this Bylaw as Schedule "B". Where boundaries of zones are
shown along surveyed lines, the boundaries shall be the lot lines. Where a zone boundary is shown
following street, lane, or water bodies, the centre line of such street, lane, or water body shall be the zone
boundary. For the purpose of this Bylaw, the District of New Hazelton is hereby divided into the following
zones:
NAME OF ZONE
MAP SYMBOL
RESIDENTIAL ZONES
Single Family Residential
R-1
Medium Residential Density
R-2
Multi-Unit Residential
R-3
Manufactured Home Residential Neighbourhood
R-4
Rural Residential
R-5
Modular Residential Neighbourhood
R-6
COMMERCIAL ZONES
Commercial Downtown
C-1
Service Commercial
C-2
INDUSTRIAL
Industrial
I-1
PUBLIC USE
Community Services
P1
RESOURCE
Rural Resource and Agriculture
RU
District of New Hazelton Zoning Bylaw No. 389, 2025
16
The requirements of each zone as set out in this Bylaw shall be applied to areas designated on the Zoning
Map with the corresponding alphanumeric symbols.
4.0
PART D - ZONES
The simple act of stating community goals and objectives never assures their realization. Rather, it is necessary
to utilize a variety of methods to confirm that aspirations of the community are consciously being worked
towards.
4.1
Single Family Residential (R-1)
This zone is intended for Single Family Residential and Duplex uses with the provision for secondary or garden
suites.
.1 Permitted Land Uses
The following uses and no others are permitted in the R-1 Zone:
a) Principal Uses
i.
Single Family Residential
ii.
Duplex
iii.
Modular Dwelling Unit
b) Accessory Uses
i.
Accessory Use
ii.
Garden Suite
iii.
Home Occupation
iv.
Secondary Suite
.2 Subdivision Regulations
Minimum Lot Size
552m2
Minimum Lot Frontage
15 m
.3 Building, Density and Structure Specifications
Single Family
Residential
Garden
Suite
Secondary
Suite
Accessory Buildings
Maximum Number of
Dwelling Units per lot
1
1 Garden Suite or 1
Secondary
Suite
1
(see Section 4.13.5 (c))
Minimum Unit Size
40 m2
40 m2
Maximum Floor Area
N/A
70 m2
Maximum Height
10 m
8 m
N/A
8 m
Minimum Building Width
6.5 m
N/A
N/A
N/A
Maximum Lot Coverage (all
structures)
60%
District of New Hazelton Zoning Bylaw No. 389, 2025
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.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Rear Lot Line
Exterior Lot Line
Interior Lot Line
Principal Building
4 m
6 m
2 m
1.5 m
Accessory Buildings
and Structures
N/A
1.5 m
2 m
1.5 m
.5 Conditions of Use
a) A maximum of one garden suite or one secondary suite is permitted on a parcel occupied by
a single family dwelling.
b) Garden or secondary suites are not permitted on a lot containing a duplex.
c) A total of three (3) accessory buildings are permitted per lot, only one (1) of which can be an
accessory residential dwelling unit.
d) Accessory buildings and structures, excluding garages and carports, shall be located to the
rear of the primary Single Family Residential use, except for corner lots that can use exterior
side-line.
e) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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4.2
Medium Residential Density (R-2)
Intended to provide for medium density residential development including options for infill, mixed housing
and affordable residential dwelling units.
.1 Permitted Uses
The following uses and no others are permitted in the R-2 Zone:
a) Principal Uses
i.
Affordable Housing
ii.
Duplex
iii.
Multi-Unit Residential
iv.
Single Family Residential
v.
Modular Dwelling Unit
b) Accessory Uses
i.
Accessory Use
ii.
Garden Suite
iii.
Home Occupation
iv.
Secondary Suite
.2 Subdivision Regulations
Permitted Use
Minimum Lot Size
Minimum Lot Frontage
Affordable Housing
740m2
20 m
Single Family Residential
552 m2
15 m
Multi-Unit Residential
1,000 m2
20 m
Duplex (Strata or Fee Simple)
552 m2
15 m
.3 Building, Density and Lot Specifications
Single Family
Residential
Duplex
Multi-Unit
Residential
Garden
Suite
Secondary
Suite
Accessory Building
Maximum Number of
Dwelling Units per lot
1
2
N/A
1
2
Minimum Unit Size
40 m2
40 m2
40 m2
40 m²
N/A
Maximum Floor Area
275 m2
440 m2
800 m2
70 m2
50 m²
Maximum Height
10 m
10 m
12 m
8 m
N/A
8 m
Maximum Lot
Coverage/Area
60%
60%
70%
N/A
N/A
N/A
.4 Minimum Building Setbacks
District of New Hazelton Zoning Bylaw No. 389, 2025
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Uses/Structure
Front Lot Line
Rear Lot
Line
Exterior Lot
Line
Interior Lot
Line
From Principal
Building
Principal Residential Dwelling
4 m
3 m
2 m
1.2 m
N/A
Garden Suite
N/A
1.5 m
1.5 m
1.2 m
4 m
Duplex
4 m
5 m
3 m
1.5 m
N/A
Accessory Buildings and
Structures
5 m
1.5 m
1.5 m
3.2 m
N/A
.5 Conditions of Use
a) Garden suites and secondary suites are only permitted accessory uses on parcels containing
a single family residential dwelling.
b) A maximum of one garden suite or one secondary suite is permitted on a parcel occupied by
a single family dwelling.
c) A total of three (3) accessory buildings are permitted per lot, only one (1) of which can be an
accessory residential dwelling unit.
d) Accessory buildings and structures, excluding garages and carports, shall be located to the
rear of the primary Single Family Residential use, except for corner lots that can use exterior
side-line.
e) Home occupations are only permitted accessory uses within single family residential and
duplex dwellings.
f) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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4.3
Multi-Unit Residential (R-3)
This zone is to provide for Multi-Unit Residential accommodations located near community amenities and
services.
.1 Permitted Land Uses
The following uses and no others are permitted in the R-3 Zone:
a) Principal Uses
i.
Affordable Housing
ii.
Multi-unit Residential
b) Accessory Uses
i.
Accessory Building
ii.
Commercial use, subject to Section 4.15.5(a)
.2 Subdivision Regulations
Minimum Lot Size
2000 m2
Minimum Lot Frontage
18 m
.3 Building, Density and Structure Specifications
Multi-Unit Residential Maximum Density
50 units per Ha.
Total Number of Accessory Buildings per parcel
2
Maximum Height and Storeys of Principal Building
12 m (3.5 storeys)
Maximum Height of Accessory Buildings and Structures
10 m
Maximum Lot Coverage
70%
.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Setback
Rear Lot Line
Setback
Exterior Lot Line
Setback
Interior Lot Line Setback
Multi-Unit Residential
6 m
6 m
6 m
6 m
Accessory Buildings and
Structures
7.5 m
1.5 m
5 m
1.5 m
.5 Conditions of Use
a) Commercial uses shall be permitted in the R-3 zone provided that the Commercial Use:
i.
occurs in conjunction with a Multi-unit Residential Use;
ii.
is located at ground level; and
iii.
is limited to a Coffee Shop or Café, Convenience Store, Personal Services
Establishment, Office, or Retail Commercial.
b) Accessory buildings and structures shall be located to the rear of the front face of the
building, not less than 3 meters from any portion of the principal building.
District of New Hazelton Zoning Bylaw No. 389, 2025
21
c) Where 70% or more of the required off street parking spaces are provided underground or
concealed within the building, the density of multiple family residential units may be
increased by 10 units per Ha.
d) Where 15% or more of the total number of units are "affordable housing units", the
maximum number of multiple family residential units may be increased by 20 units per Ha.
e) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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4.4
Manufactured Home Residential Neighbourhood (R-4)
This zone is intended to provide for land for the continued use for manufactured homes.
.1 Permitted Land Uses
The following uses and no others are permitted in the R-4 Zone:
a) Principal Uses
i. Manufactured Home
b) Accessory Uses
i. Accessory Building
.2 Subdivision Regulations
Minimum Lot Size
8000 m2
Minimum Size Per Manufactured Home Pad
368 m2
Minimum Lot Frontage of Manufactured Home Pad
10 m
.3 Building and Structure Specifications
Maximum Number of Units per ha
27
Dwelling Unit
1/ manufactured home space
Maximum Height
principal building: 7 m
accessory building: 5 m
Maximum Accessory Building Floor Area
12 m2
Maximum Parcel Coverage
40%
.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Rear Lot Lines
Interior Lot Line
Exterior Lot Line
Principal Building
3 m
3 m
1.5 m
1.5 m
Accessory Buildings and
Structures
5 m
1.5 m
1.5 m
3 m
.5 Conditions of Use
a) Accessory buildings and structures shall be located to the rear of the front face of the building,
not less than 3 meters from any portion of the principal building.
b) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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4.5
Rural Residential (R-5)
This zone is intended for Single Family Residential use with the provision for large lots and protected open-
space.
.1 Permitted Land Uses
The following uses and no others are permitted in the R-5 Zone:
a) Principal Uses
i. Hobby Farm
ii. Recreational Vehicle Storage
iii. Single Family Residential Use
b) Accessory Uses
i. Accessory Building
ii. Animal Breeding and Boarding
iii. Garden Suite
iv. Secondary Suite
.2 Subdivision Regulations
Permitted Use
Minimum Lot Size
Minimum Lot Width
Minimum Lot
Frontage
Hobby Farm
10,000 m2
30 m
36 m
Recreational Vehicle Storage
4,000 m2
30 m
36 m
Single Family Residential
1840 m2
30 m
36 m
.3 Building, Density and Structure Specifications
Hobby Farm
Single Family Residential
Garden Suite
Accessory
Buildings
Maximum Number of Single
Family Dwelling Units
1
1
1
N/A
Minimum Unit Size
40m2
40 m2
40 m2 **
N/A
Maximum Height
10 m
10 m
8 m
8 m ***
Maximum Lot Coverage
40%
.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Rear Lot Line
Exterior Lot Line
Interior Lot Line
Principal Building
7.5 m
7.5 m
5 m
5 m
Accessory Buildings
and Structures
8 m
2 m
3 m
3 m
District of New Hazelton Zoning Bylaw No. 389, 2025
24
.5 Conditions of Use
a) Accessory buildings and structures, excluding garages and carports, shall be located to the
rear of the front face of the building, not less than 3 meters from any portion of the principal
building.
b) The maximum unit size for a Garden Suites is 70 m2.
c) The maximum accessory building height of 8 m excludes barns.
d) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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4.6
Modular Home Residential (R-6)
This zone is intended for modular home residential use on fee simple lots..
.1 Permitted Land Uses
The following uses and no others are permitted in the R-6 Zone:
a) Principal Uses
i. Manufactured Home, subject to requirements outlined Section 4.18.5 (b).
ii. Modular Dwelling Unit
b) Accessory Uses
i.
Accessory Building
ii.
Home Occupation
.2 Subdivision Regulations
Minimum Lot Size
552 m2
Minimum Lot Frontage
15 m
.3 Building, Density and Structure Specifications
Single Family
Residential
Accessory Buildings
Maximum Number of
modular dwelling units per
lot
1
2
Minimum Unit Size
40 m2
Maximum Floor Area
N/A
Maximum Height
8 m
6 m
Minimum Building Width
3.65 m
N/A
Maximum Lot Coverage (all
structures)
60%
.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Rear Lot Line
Exterior Lot Line
Interior Lot Line
Principal Building
4 m
6 m
2 m
1.5 m
Accessory Buildings
and Structures
7.5 m
1.5 m
2 m
1.5 m
.5 Conditions of Use
a) Accessory buildings and structures, excluding garages and carports, shall be located to the rear
of the Modular Dwelling Units (with the exception of corner lots which may locate an accessory
building on the exterior side of the principal dwelling).
b) Manufactured homes are permitted provided they are de-registered and placed on an approved
foundation.
c) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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4.7
Commercial Downtown (C-1)
To provide land for a mixture of business services, personal services and residential uses. This zone provides
for a central oriented commercial core for the District of New Hazelton.
.1 Permitted Land Uses
The following uses and no others are permitted in the C-1 Zone:
a) Principal Uses
i. Animal Hospital
ii. Automotive and Recreation Vehicle Services
iii. Bakery
iv. Building Supplies
v. Bulk Fueling Station
vi. Business Support Services
vii. Cannabis Retail Sales
viii. Car Wash
ix. Convenience Store
x. Craft Brewery/Distillery
xi. Entertainment Facility and Theatre
xii. Financial Institution
xiii. Food Services
xiv. Gas Station
xv. Greenhouses and Plant Nursery
xvi. Grocery Store
xvii. Guide and Tour Services
xviii. Health and Wellness Services
xix. High Technology Research and Product Design
xx. Hostel
xxi. Hotel/Motel
xxii. Laundromat/Drycleaner
xxiii. Liquor Store
xxiv. Mini Storage
xxv. Mixed Use
xxvi. Multi-Unit Residential
xxvii. Office
xxviii. Personal Services Establishment
xxix. Postal and Courier Services
xxx. Recreation Services
xxxi. Recycling Facilities
xxxii. Retail Commercial
xxxiii. Service Station
xxxiv. Transportation Depot
xxxv. Vaping Retail Sales
b) Accessory Uses
i.
Accessory Building
District of New Hazelton Zoning Bylaw No. 389, 2025
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.2 Subdivision Regulations
Minimum Lot Size
1000 m2
Minimum Lot Frontage
8 m
.3 Building, Density and Structure Specifications
Accessory
Residential
Secondary
Suite
Multi-unit
Residential
Hotel/Motel/
Resort
Other
Maximum Number of
Dwellings Per Lot
1
1
20 units per ha.
N/A
Minimum Unit Size
40 m2
40 m2
40 m2 *
N/A
N/A
Maximum Unit Size
70 m2
70 m2
120 m2
N/A
N/A
Maximum Height
10 m
N/A
12 m
12 m
10 m
Maximum Lot Coverage
85%
N/A
85%
85%
85%
* Bachelor: 28 m2. - (Maximum 20% of total number of units)
One Bedroom: 51 m2.
Two Bedroom: 65m2.
.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Rear Lot Lines
Interior Lot Line
Exterior Lot Line
Principal Commercial-Based
Building
0 m *
3 m
0 m
0 m
Principal Residential-Based
Building
5 m
3 m
1.5 m
1.5 m
Accessory Buildings
N/A
N/A
N/A
N/A
* 5.15 m Service Station Only
.5 Conditions of Use
a) Where residential use is in place prior to this bylaw coming into effect, the residential use shall be
considered a permitted use for the purpose of this bylaw.
b) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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4.8
Service Commercial (C-2)
This zone is intended to provide for commercial and mixed commercial/residential uses, primarily servicing
vehicular traffic along Highway 16, as well as the day-to-day needs of residents.
.1 Permitted Land Uses
The following uses and no others are permitted in the C-2 Zone:
a) Principal Uses
i.
Animal Hospital
ii.
Art Gallery
iii.
Automotive and Recreation Vehicle Services
iv.
Bakery
v.
Building Supplies
vi.
Bulk Fueling Station
vii.
Business Support Services
viii.
Campground
ix.
Cannabis Retail Sales
x.
Car Wash
xi.
Convenience Store
xii.
Craft Brewery/Distillery
xiii.
Entertainment Facility and Theatre
xiv.
Financial Institution
xv.
Food Services
xvi.
Gas Station
xvii.
Greenhouses and Plant Nursery
xviii.
Grocery Store
xix.
Guide and Tour Services
xx.
Health and Wellness Services
xxi.
High Technology Research and Product Design
xxii.
Hobby Farm
xxiii.
Hostel
xxiv.
Hotel/Motel
xxv.
Laundromat/Drycleaner
xxvi.
Liquor Store
xxvii.
Mini Storage
xxviii.
Mixed Use
xxix.
Multi-Unit Residential
xxx.
Office
xxxi.
Park
xxxii.
Personal Services Establishment
xxxiii.
Private & Public Institution
xxxiv.
Recreation Services
xxxv.
Recycling Facilities
xxxvi.
Retail Commercial
xxxvii.
Recreational Vehicle Storage
xxxviii.
Service Station
District of New Hazelton Zoning Bylaw No. 389, 2025
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xxxix.
Transportation Depot
xl.
Vaping Retail Sales
b) Accessory Uses
i.
Accessory Building
ii.
Secondary Suite
.2 Subdivision Regulations
Permitted Use
Minimum Lot Size
Minimum Lot Width
Minimum Lot
Frontage
Hobby Farm
10,000 m2
30 m
36 m
All other Principal Uses
1,000 m2
20 m
20 m
.3 Building, Density and Structure Specifications
Maximum Height
13 m (2.5 storeys)
Maximum Lot Coverage
70%
.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Rear Lot Lines
Interior Lot Line
Exterior Lot Line
Principal Building
3 m
3 m
2 m
3 m
Accessory Buildings and
Structures
5 m
3 m
2 m
3 m
.5 Conditions of Use
a) Where residential use is in place prior to this bylaw coming into effect, the residential use shall be
considered a permitted use for the purpose of this bylaw.
b) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
30
4.9
Industrial (I-1)
This zone is intended to provide for a mix of intensive industrial land uses.
.1 Permitted Land Uses
The following uses and no others are permitted in the I-1 Zone:
a) Principal Uses
i.
Animal Hospital
ii.
Automotive and Recreation Vehicle Services
iii.
Auto Wrecking
iv.
Building Supplies
v.
Bulk Fueling Station
vi.
Car Wash
vii.
Contractor Service
viii.
Feed/Seed Storage
ix.
Food Services
x.
Gas Station
xi.
Greenhouses and Plant Nursery
xii.
High Technology Research and Product Design
xiii.
Industrial High Technology
xiv.
Industry, Heavy
xv.
Industry, Light
xvi.
Mini Storage
xvii.
Recycling Facilities
xviii.
Services Business Support
xix.
Service Industrial Support
xx.
Service Station
xxi.
Temporary Construction Camp
xxii.
Transportation Depot
b) Accessory Uses
i.
Accessory Building
.2 Subdivision Regulations
Minimum Lot Size
2000 m2
Minimum Lot Width
18 m
Minimum Lot Frontage
10 m
.3 Building, Density & Structure Specifications
Maximum Height (primary and accessory)
12 m
Maximum Lot Coverage
70%
Minimum Lot Width
18 m
Minimum Accessory Residential Dwelling
65 m2
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.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Rear Lot Lines
Interior Lot Line
Exterior Lot Line
Principal Building
7 m
10 m
6 m
6 m
Accessory Buildings and
Structures
3 m
.5 Conditions of Use
a) Landscape Screening shall be required as follows:
i.
A continuous landscape and screening area not less than 2 m wide will be provided along
the developed portion of each side of the lot which abuts a road. This landscaping strip may
be interrupted at boulevard crossings, or to provide necessary pedestrian access for
entering a building. This landscape and screening area must contain a hedge, shrubs or
decorative fence of not less than 2.5 m in height and not more than 3.6 m high;
ii.
Except in those portions where a building abuts a lot line a continuous landscape and
screening area not less than 2.5 m in width containing a decorative fence not less than 2.5 m
in height together with decorative planting must be provided along all lot lines which do not
adjoin a lot in a Business Park or Industrial Zone; and
iii.
The maximum height of screening structures shall be no more than 3.6 m.
b) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
32
4.10
Community Services (P-1)
This zone is intended to provide for the integration of public open space, schools, parks, trails, infrastructure
and recreational facilities.
.1 Permitted Land Uses
The following uses and no others are permitted in the P-1 Zone:
a) Principal Uses
i.
Campground
ii.
Cemetery
iii.
Community Care Facility
iv.
Daycare
v.
Educational Services
vi.
Emergency and Protective Services
vii.
Extended Medical Treatment Services
viii.
Recreation Services
ix.
Park
x.
Public Amenity Use
xi.
Public Exhibit
xii.
Public Use
xiii.
Religious Assembly
xiv.
School/Learning Centre
xv.
Tourist Information Centre
b) Accessory Uses
i.
Accessory Building
ii.
Bed & Breakfast
.2 Subdivision Regulations
Minimum Lot Size
1000 m2
Minimum Lot Width
15 m
Minimum Lot Frontage
10 m
.3 Building & Structure Specifications
Maximum Height (primary and accessory)
15 m
Maximum Lot Coverage
70%
.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Rear Lot Lines
Interior Lot Line
Exterior Lot Line
Principal Building
6 m
Accessory Buildings and
Structures
1.5 m
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.5 Conditions of Use
a) Additional regulations can be found in section 5.0 of this Bylaw.
.6 Site Specific Regulations
a) Retail Commercial and Health and Wellness Services shall be permitted as a principal use only on Lot
1, District Lot 882, Cassiar District Plan EPP110596.
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4.11
Rural Resource and Agriculture (RU)
This zone is intended for rural land uses on larger lots in the hinterland regions of the community.
.1 Permitted Land Uses
The following uses and no others are permitted in the RU Zone:
a)
Principal Uses
i. Abattoir
ii. Agriculture Intensive
iii. Agriculture Residential
iv. Modular Dwelling Unit
v. Natural Resource Extraction
vi. Single Family Residential
b)
Accessory Uses
i. Accessory Buildings and Structures
ii. Animal Breeding and Boarding
iii. Bed & Breakfast
iv. Garden Suite
v. Guest House
vi. Home Occupation
vii. Secondary Suite
c)
Additional Uses Permitted Outside the ALR Only (unless approved by the Agricultural Land
Commission)
i. Campground
ii. Golf Course
iii. Recreation Facility
iv. Resort Condominium
v. Shooting Range
.2 Subdivision Regulations
Minimum Lot Size
10,000 m2
Minimum Lot Width
25 m
Minimum Lot Frontage
25 m
.3 Building and Structure Specifications
Single Family
Residential
Guest House
Accessory Buildings
Maximum Number of Single
Family Dwelling Units
1
1
N/A
Minimum Unit Size
80 m2
50 m2
N/A
Maximum Height
13 m
10 m
15 m
Maximum Lot Coverage
40%
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.4 Minimum Building Setbacks
Use/Structure
Front Lot Line
Rear Lot Line
Exterior Lot Line
Interior Lot Line
Principal Building
7.5 m
7.5 m
5 m
5 m
Accessory Buildings
and Structures
8 m
2 m
3 m
3 m
.5 Conditions of Use
a) All lands designated as Agricultural Land Reserve pursuant to the Agricultural Land Commission
Act are subject to the provisions of the Agricultural Land Commission Act, and all conditions,
orders and regulations thereto.
b) Abattoirs within the ALR may be subject to ALC approval, depending on the percentage of product
originating on the farm versus off-site.
c) Additional regulations can be found in section 5.0 of this Bylaw.
District of New Hazelton Zoning Bylaw No. 389, 2025
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5.0
PART E - GENERAL REGULATIONS
5.1
Parking Requirements
1)
Off-Street Parking
Subject to the standards and requirements outlined in this section, every owner of land, upon the subject
property, shall provide and maintain off-street motor vehicle parking spaces.
As a requirement of this Bylaw, the following parking standards shall be adhered to within the District of New
Hazelton:
Land Use
Parking Spaces Required
Single Family Residential Dwelling
1
Duplex Dwelling
1 per unit
Multi-Unit Residential/Townhouse/Apartment
1.5 per dwelling unit, plus 1 visitor parking space per 5
dwelling units
Residential - Above Commercial
1 per dwelling unit
Secondary Suite
1
Garden Suite
1
Modular Residential Neighbourhood
1
Hotel/Motel/Resort Condominium
1 per room or dwelling unit, plus 1 Per 40 m² gross floor
area of office space
Hostel
1 per 15 m² of gross floor area used for sleeping
accommodation
Bed & Breakfast/Guest House
1 per each room rented
Financial Institutions
1 per 30 m²
Coffee Shop/Restaurant/Fast Food
Outlet/Delicatessen/Pub/Lounge or similar Licensed
Establishment
1 per 6 Seats
Shopping Centre/Plaza/Supermarket
1 per 30 m² of gross floor area
Community Care and/or Social Care Facility
1 per 3 units or bed spaces, whichever is the lessor plus 1
per 3 employees and attending physicians
Public or Private Assembly/Church/Auditorium/Community
Centre/Theatre
1 per 10 Seats
Library/Art Gallery/Museum/Recreation Facility
1 per 40 m² of gross floor area
Schools
Kindergarten/Elementary
Secondary
2 per classroom
3 per classroom
Bowling Alley
2 per bowling lane
Billiard/Pool Hall
2 per table
Auto Repair Shop/Service Station
1 per 40 m² of gross floor area
Manufacturing or Industrial Building or Use/Servicing and
Repair Establishment
1 per 70 m² of gross floor area
Retail Commercial /Convenience Stores/Personal Service
Establishments
1 per 30 m² gross floor area
Convenience Store
1 per 40 m² gross floor area
Golf Courses
9 Hole Course
18 Hole Course
40 Spaces
75 Spaces
Home Occupation/Home Based Business
1 space per non resident
Greenhouses and Plant Nursery
1 per 15 m² covered retail area
District of New Hazelton Zoning Bylaw No. 389, 2025
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2)
Provision of Off-Street Loading
Subject to the standards and requirements outlined in this section, every owner of land, upon the subject
property, shall provide and maintain off-street loading spaces.
3)
Existing Building and Structures
a)
For new buildings, structures and uses, off-street loading spaces shall be required in
accordance with the regulations of this Bylaw; and
b)
Off-Street loading shall be provided and maintained in accordance with this section for
any addition to an existing building or structure, or any change or addition to an existing
use.
4)
Voluntary Establishment of Loading Facilities
Where off-street loading spaces in excess of Bylaw requirements are provided, their location, design and
operation shall comply with the requirements of this Bylaw.
5)
Development and Maintenance Standards for Off-Street Parking
a)
Adequate provision shall be made for individual access and egress by vehicles to all
parking spaces at all times by means of unobstructed maneuvering aisles. Maneuvering
aisles of not less than the following widths shall be provided:
Parking Angle in Degrees
Minimum Width of Aisle
90°
7.5 m
60°
5.5 m
45°
4.5 m
b)
Each off-street parking space shall contain a rectangle measuring a minimum length of 6
m by a minimum width of 3 m and a vertical clearance of 4.3 m;
c)
All parking areas shall be surfaced with asphalt, concrete or similar finish so as to provide
a surface which is durable and shall be properly graded and drained as to properly
dispose of all surface water;
d)
The location of egress points from a loading area must be approved by the District of
New Hazelton;
e)
All lighting used in a loading area must be arranged to direct light upon the loading area
and not on adjacent premises;
f)
Where any parking space adjoins a wall or structure over 0.3 m in height, the width of the
parking space shall be increased by 0.3 m on each such adjoining side;
g)
Concrete barrier curb shall be located in such a manner as to prevent vehicular damage
to landscaping or vehicle valances, where applicable. Where parking areas abut a
building, fence, wall, hedge or landscaped area, curbs shall not be less than 1 m from the
end of the parking stall;
District of New Hazelton Zoning Bylaw No. 389, 2025
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h)
Off-street parking spaces shall have a clear minimum dimension as follows;
Type of Space
Length
Width
Standard
6 m
3 m
Small
4.6 m
2.4 m
Handicapped
6 m
3.7 m
i)
A minimum of 70% of the parking shall be standard spaces;
j)
When ten or more parking spaces are required, a minimum of 1% of the spaces provided,
rounded upward to the nearest whole number shall be located close to the building
entrance of the use or structure and shall be reserved and designated for disabled
persons and clearly marked as being for the use by disabled persons only; and
k)
Off-street parking spaces provided on property shall not be located closer than 3 m to a
property line which abuts a public road, and no closer than 1.5 m to any other property
line.
6)
Units of Measurement
a)
An off-street loading space shall not be considered as an off-street parking space for the
purpose of calculating the parking spaces required; and
b)
Where a use is not specifically mentioned under Section 5.1.1, the parking requirement
shall be calculated on the basis of a similar use, which is listed.
7)
Off-Street Loading
A building or structure which contains an industrial, commercial, public institutional, or other similar uses
involving truck transport of materials or goods shall provide one off-street loading space for each 1900 m² of
gross floor area.
8)
Use of Parking Facilities
a)
All required off-street parking spaces shall be used only for the purpose of
accommodating the vehicles of clients, customers, employees, members, residents,
tenants or visitors who make use of the principal building or use for which the parking
area is provided, and such parking area shall not be used for off-street loading,
driveways, access or egress, commercial repair work, display, sale or storage of goods of
any kind, except approved plant sales and other uses approved in this Bylaw; and
b)
Except in the case of dwellings located in residential zones, off-street parking spaces may
be provided and used collectively by two or more buildings or uses, provided that the
total number of parking spaces when used in conjunction is not less than the sum of the
required parking spaces for each individual use. In the same instance off-street parking
spaces may be provided on a lot other than the lot that contains the principal building
and that such parking be designated for that use by means of a covenant under Section
219 of the Land Title Act, registered against the property on which it is located.
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5.2
Uses Permitted in any Zone
Except where specifically excluded the following uses, buildings and structures are permitted in every zone:
1)
Uses, buildings and structures which are accessory to a principal permitted use, building or structure
on the same lot;
2)
Underground electrical and telephone lines, fibre optics and telephone exchange buildings for the
distribution of service to the District of New Hazelton;
3)
Pipelines, radio, television and transmission towers (except that transmission towers are not
allowed within 150 m of any residential zones or school sites) and wires, traffic control devices, clock
towers and underground or submarine utility systems, the installations of which may be sited on any
portion of a lot;
4)
Public Works Yard;
5)
Water supply facilities including reservoirs, treatment plants, pumping stations intake structures and
supply lines;
6)
Sewage treatment and collection facilities including treatment plants, sewage pumping stations, and
sewer service lines;
7)
Transportation rights-of-way established by one of the levels of government or a Crown
Corporation;
8)
Parking;
9)
Parks, playgrounds and playing fields, community gardens, hiking and bicycling paths, horse riding
trails and ecological reserves; and
10) Public Use, including:
a)
Public Utility;
b)
Renewable energy production;
c)
District energy utility;
d)
Wastewater treatment;
e)
Solid waste transfer;
f)
Water reservoir;
g)
Storm water retention pond;
h)
Communications structure;
i)
Non-fossil fuel storage;
j)
Park;
k)
Trail;
l)
Bus stop; and
m) Parking.
District of New Hazelton Zoning Bylaw No. 389, 2025
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5.3
Size, Shape and Siting of Buildings and Structures
1)
No building or structure other than a fence is permitted in any required setback area, except as
otherwise specified in this Bylaw;
2)
No more than one principal building shall be sited on one lot, except as otherwise specified in this
Bylaw; and
3)
Notwithstanding any other provision in this Bylaw, no building or structure shall be constructed:
a.
Within 7.5 m of the natural boundary of a riparian area;
b.
All buildings shall meet provincial riparian area regulations; or
c.
For the purposes of vision clearance, no fence, wall or structure, other than a permitted
principal building shall be erected to a height greater than 1.2 m and no hedge, bush,
shrub, tree or other growth shall be maintained or allowed to grow so as to obstruct
vision clearance in the area. The boundary for this area shall be bounded triangularly by
extending a minimum 6 m boundary along the parcel lines from the point of the exterior
corner intersection of the parcel lines and a line connecting these two points as
illustrated below:
5.4
Visibility at Intersections
In regard to visibility at intersections, no person, may place or permit to be placed or grow, or permit to be
grown, any tree, shrub, plant, fence, or other structure within the sight triangle above an elevation such that
an eye 1 m above the surface elevation of one highway cannot see an object 1 m above the surface
elevation of the other highway.
5.5
Height Exceptions
The height regulations specified elsewhere in this Bylaw do not apply to church spires, belfries, church
domes, religious buildings, fire and hose towers, public observation towers, stadiums, transmission towers,
public utility poles, chimneys, flag poles bearing government flags, radio towers, drive-in theatre projection
screens, elevator and ventilating machinery penthouses, provided that no such structure covers more than
District of New Hazelton Zoning Bylaw No. 389, 2025
41
20% of the lot or, if located on a building, not more than 10% of the roof area of the principal building on
that lot.
5.6
Landscaping and Screening
1)
All Zones
The regulations in this subsection apply to the provision and maintenance of screening and landscaping to
mask or separate uses, or to enhance the natural environment, in every zone except as otherwise expressly
required or permitted in this Bylaw:
a)
The minimum width for landscape and screening areas is 1 m;
b)
Wherever possible, landscape and screening areas will retain existing trees and natural
vegetation and add planting that enhances the natural environment;
c)
Landscape and screening areas must not be located on septic fields, and a septic field
must not be located in a landscape and screening area, unless approved in writing by the
Ministry of Health;
d)
Where a landscape plan is required to be submitted as part of a development permit
application, the provisions of this Bylaw will apply;
e)
Existing healthy woody plants (trees, shrubs) shall be preserved and protected unless
removal is demonstrated to be necessary to efficiently accommodate the proposed
development, or if the vegetation poses a safety hazard. Trees and shrubs preserved on
the site may, at the discretion of the Public Works Superintendent, be credited to the
total landscaping requirement. In considering this credit, the Superintendent may
consider the location, size, health, and appearance of trees and shrubs;
f)
If a credit towards the new landscape planting is permitted, one existing tree will equal
one tree credited toward the total landscape requirement. The same applies for existing
shrubs;
g)
New landscape planting shall consist of herbaceous and/or woody plant species known to
be hardy in the District of New Hazelton area. Where possible, evergreen shrubs and
trees and/or deciduous shrubs and trees that have interesting bark, fruit or form shall be
used to provide winter interest. A Landscape Planting Area may be interrupted by
driveways, walkways, parking spaces, and utility service boxes;
h)
Vegetative Buffers may be required in specific commercial, recreation/education and
industrial zoning where these uses are adjacent residential zones. Developments may be
exempt from providing a Vegetative Buffer if the setback is required for a fire lane access.
Side Yard Vegetative Buffer Areas are measured from the rear property line to the
Landscape Planting Area. Rear Yard Vegetative Buffers are to be measured from one Side
Yard Buffer to the other along the length of the rear property;
i)
Fence and wall materials shall be consistent with the character of the zone in which they
are to be located. The height of a fence or wall shall be measured from grade. Where
the fence or wall is adjacent a property line, the height shall be measured with reference
to the grade of the abutting property. Where a fence is located on top of a retaining
wall, berm or similar structure, the height of the fence shall include the height of the
supporting structure;
j)
All storage of goods and materials in a commercial zone, recreation/education, industrial
zone or multi-housing zone shall be screened from view from any street and from
District of New Hazelton Zoning Bylaw No. 389, 2025
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adjacent sites in a residential zone by fences, berms, landscape materials or a
combination of these to the satisfaction of the District of New Hazelton;
k)
All refuse, recycling and compost bins in a commercial zone, recreation/education zone,
industrial zone or multi-housing zone shall be screened from view from any street, and
from adjacent sites in a residential zone by fences, berms, landscape materials or a
combination of these to the satisfaction of the District of New Hazelton. Ensure that
containers are sealed to contain odours and to prevent disturbance by animals;
l)
The proposed site grading shall respect the natural contour of the land to the extent
possible, minimize the necessity to use retaining walls, and ensure drainage away from
buildings and abutting properties. Erosion control measures shall be used during
construction to prevent the pollution, degradation or siltation of natural areas,
watercourses and roads;
m) Winter design principles shall be incorporated into the landscape plan in commercial,
recreation/education and multiple-housing zones, and are to be encouraged in other
residential zones. Means may include but are not limited to the use of coniferous trees
to provide shelter from prevailing winter winds, the use of additional exterior lighting,
the use of overhangs and screens to provide shelter and drifting control, adequate sizing
of vehicular areas to accommodate accumulated snow, minimizing required outdoor
travel distances and consideration of sun angles and southern exposures in the design of
outdoor amenity spaces; and
n)
Strategies to promote safe places shall be incorporated into the landscape plan in
commercial, industrial, recreation/education and multi-unit housing zones, and are to be
encouraged in other residential zones. Means may include but are not limited to the
provision of adequate outdoor lighting for entrances, building perimeters and walkways,
clear directional and safety signage, the use of vandalism resistant materials, adequate
provisions for waste collection, maintaining good sightlines and restricting vehicular
access where appropriate.
2)
Landscape Plan
A Landscape Plan shall be included in rezoning applications where applicable and as determined by the District
of New Hazelton.
Where a detailed Landscape Plan is required pursuant to this Bylaw, the plan shall contain, as a minimum, the
following information:
a)
Property address and legal description, north arrow, drawing scale, name of property
owner/developer and name of design consultant where applicable;
b)
Property lines, easements, rights-of-way, dimensions of the site, total area of the site and
total area of landscaping;
c)
Approximate location and type of adjacent land uses;
d)
Location of existing and proposed overhead and underground utilities, lighting and
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 hard surfaces;
f)
Existing and final grading including direction of site surface drainage;
District of New Hazelton Zoning Bylaw No. 389, 2025
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g)
Planting plan with species list indicating the quantity, size, common and botanical names
of the plant material to be used;
h)
A list of the type and quantity of site furnishings (benches, bicycle racks etc.) to be used;
i)
The location and manner in which waste 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; and
j)
Description of means of maintaining new landscaping during the establishment period
(Maintenance Program).
3)
Fences
a)
The height of a fence shall be measured as the vertical distance from the average finished
ground level at the base of the fence to the highest point of the fence;
b)
Fences may be constructed within any required setback, with the exception of the
required setback to a watercourse (unless authorized by a Development Permit) and with
exception to that portion of a lot that is within the Sight Triangle;
c)
Fences along interior side and rear lot lines (where not adjacent to a highway) in
Residential Zones shall not exceed a height of 1.8 m;
d)
Fences adjacent to a highway in all zones shall not exceed a height of 1.2 m; and
e)
Fences adjacent to a highway shall be constructed with a permeable style (i.e., wrought
iron or picket).
4)
Projections
The following features may project into a required front, side or rear yards:
a)
Steps;
b)
Eaves and gutters, cornices, sills, bay windows, chimneys or other similar features,
provided that such projections do not exceed 0.6 m into the minimum setback
requirement as required elsewhere in this Bylaw;
c)
Open porches, marquees, canopies, balconies, and sun shades provided that such
projections do not exceed 1.2 m into a required setback requirement;
d)
An uncovered patio or terrace, which may be open or enclosed, in any yard in a
Residential Zone, subject to the fence and height limitations as specified in Section 5.6.3
of this Bylaw;
e)
Arbors and trellises, fishponds, ornaments, flagpoles or similar landscape features; and
f)
Patios within 61 cm of the ground (any structure exceeding 61 cm in height and is
supported by columns or posts becomes part of the footprint of the building).
5)
Compliance with Lot Area Regulations
Lots created by subdivision must comply with the minimum and average lot area regulations set out in this
Bylaw. A park to be dedicated upon deposit of the subdivision plan need not comply with these regulations.
District of New Hazelton Zoning Bylaw No. 389, 2025
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6)
Enforcement of Siting Regulations
Every application for a building permit must show a recent BC Land Survey, location on the lot and all existing
and proposed buildings, and structures unless the Building Official determines that the provision of such plan
is not reasonably necessary to establish whether proposed buildings and structures comply with the siting
requirements of this Bylaw.
7)
Conversion of Building Use
Buildings may be converted, altered, or remodelled for another use, provided that the converted building
conforms to all the provisions and regulations prescribed for the zone in which it is located, as well as any
applicable provisions and regulations of the BC Building Code and the District of New Hazelton Bylaws.
8)
Installation and Maintenance
All efforts should be made to protect existing vegetation and new landscape materials from damage during
construction.
a.
Maintenance operations shall be undertaken in accordance with the District of New
Hazelton Landscape Plan and the approved Maintenance Program;
b.
A Maintenance Program shall be developed in conjunction with the Landscape Plan for
commercial, industrial, recreation/education, and multiple-residential zones. The
Maintenance Program shall be approved by the District of New Hazelton prior to issuing
the Development Permit; and
c.
The District of New Hazelton may require the preparation of maintenance records for
landscape materials in commercial, industrial, recreation/education or multiple-
residential zones in order to verify that warranty requirements have been satisfied in
accordance with this Bylaw.
9)
Guaranteed Landscaping Security
a.
The District will require, as a condition of Development Permit approval, that the Owner
provide a guaranteed security to ensure the landscaping is installed and maintained for
two growing seasons. Only the following forms of security are acceptable:
i.
Cash to a value equal to 100% of the established landscape installation; or
ii.
An irrevocable Letter of Credit having a value equivalent to 100% of the
established landscape installation.
b.
The projected cost of the landscaping shall be calculated by the Owner or the Owner's
Representative and shall be based on the information provided on the Landscape Plan.
If, in the opinion of the District, these projected costs are inadequate, the District may
establish an appropriate landscaping cost figure for the purposes of determining the
value of the landscaping security;
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c.
If cash is offered as the landscaping security, it shall be held by the District, without
interest payable, until, by confirmation through inspection by the District of New
Hazelton, the required landscaping has been installed. Ten percent (10%) of the
landscaping security will be held until, by confirmation through inspection by the Public
Works Superintendent, the landscaping has been successfully maintained for two
growing seasons;
d.
If a Letter of Credit is offered as the landscaping security, it shall be in a form satisfactory
to the District of New Hazelton. The initial term of the Letter of Credit shall be two years.
The Letter of Credit shall be held by the District until, by confirmation through inspection
by the District of New Hazelton, the required landscaping has been installed. Ten percent
(10%) of the landscaping security will be held until, by confirmation through inspection by
the District of New Hazelton, the landscaping has been successfully maintained for two
growing seasons;
e.
Any Letter of Credit shall allow for partial draws by the District if the landscaping is not
completed in accordance with the approved Landscape Plan(s) within one growing
season after completion of the development; or the landscaping is not well maintained
and in a healthy condition two growing seasons after completion of the landscaping. The
District may draw on a cash security or a Letter of Credit and the amount thereof shall be
paid to the District for its use absolutely; and
f.
In the event that the Owner does not complete the required landscaping, or fails to
maintain the landscaping in a healthy condition for the specified periods of time, and the
cash or the proceeds from the Letter of Credit are insufficient for the District to complete
the required work, should it elect to do so, then the Owner shall pay such deficiency to
the District immediately upon being invoiced. The District shall provide an accounting to
the Owner indicating how the proceeds of the Letter of Credit were applied, within 60
days of completing or maintaining the landscaping.
10) Inspections
Upon receipt of a written request from the parties involved in the development, including, but not limited
to, the Owner, Condominium Association, or the issuer of the Letter of Credit, an inspection of the finished
landscaping shall be completed by the District of New Hazelton. Inspections shall be made during the
normal growing season, between May 1st and September 30th. The District of New Hazelton will perform the
inspection within 20 working days of receipt of the inspection request.
Inspections by the District of New Hazelton shall, as a minimum, consist of an inspection following
installation (Installation Inspection) and a final inspection at the end of the warranty period (Warranty
Inspection). These inspections will include the following:
a)
Determining whether the variety, size, quantity, location and condition of plant materials
and other landscape features and requirements correspond to those shown on the
approved Landscape Plan(s);
b)
Determining whether adequate means of watering plant material exists and that there is
evidence that this has been done consistently; and
c)
Determining whether the correct conditions for plant establishment and continued
health are maintained for the warranty period outlined in this Bylaw.
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Following the Installation Inspection, the District of New Hazelton shall either issue a certificate certifying
that the installation has been completed in accordance with the approved plans or notify the applicant in
writing of the deficiencies. Following the Warranty Inspection, the District of New Hazelton shall issue a
certificate certifying that the warranty requirements have been fulfilled. If all conditions have been fulfilled
to the satisfaction of the District of New Hazelton, the Guaranteed Landscaping Security shall be released
subject to the provisions of this Bylaw.
5.7
Prohibited Uses
Any use not expressly permitted in this Bylaw is prohibited in every zone and where a particular use is
expressly permitted in one zone, such use is prohibited in every zone where it is not also expressly permitted.
The following uses are prohibited in every zone:
1)
Cannabis Retail Sales or Vape Retail Sales within 200m of a school or daycare centre;
2)
Commercial growth of cannabis for the purpose of resale;
3)
The disposal or storage of hazardous or toxic waste;
4)
The occupancy of any trailer, recreational vehicle, camper or other vehicle as a residence; and
5)
The storing of unlicensed vehicles or detached parts of such on a vacant lot.
5.8
Vehicle Storage
Except where specifically permitted, no lot may be used for:
1)
The keeping of more than one motor vehicle, other than a farm vehicle or seasonal recreational
vehicle which is not completely enclosed in a building or structure and which does not have
attached or affixed in the manner prescribed by the Motor Vehicle Act Regulations:
a)
Motor vehicle number plates for the current license year issued in respect of that vehicle;
or
b)
An interim vehicle license issued in respect of that vehicle pursuant to the Motor Vehicle
Act Regulations; or
2)
The keeping of detached parts of motor vehicles, unless the parts are completely enclosed in a
permanent building;
3)
No unlicensed vehicle of any type may be stored on a lot in a location in front of the front building
line; and
4) No vacant lot in any zone may be used for the keeping of unlicensed motor vehicles or vehicle parts
unless specified elsewhere in this Bylaw.
5.9
Accessory Buildings and Structures
The following regulations apply to accessory buildings and structures located in every zone:
1)
An accessory building or structure may not be used for human habitation, except as otherwise
provided for in this bylaw; and
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2)
Metal containers designed and constructed for shipping may not be placed on residential properties,
and may not be used as an accessory building on residential property.
5.10
Temporary Buildings
Temporary buildings or structures may only be erected for offices for construction or marketing purposes for
a period not to exceed the duration of such construction.
5.11
Secondary Suites
Secondary suites are permitted in single detached dwellings and are subject to the following conditions:
1)
Secondary Suites must have no more than two (2) bedrooms;
2)
Secondary Suites cannot co-exist on the same lot as a Garden Suite;
3)
In no case shall the gross floor area of the Secondary Suite exceed 60% of the gross floor area of
the detached dwelling, or 70 m2, whichever is less; and
4)
A Secondary Suite shall comply to all relevant requirements and standards of the British Columbia
Building Code.
5.12
Home-Based Businesses
1)
Regulations
a)
The Home-Based Business must be conducted entirely within a dwelling or permitted
accessory building except as otherwise specifically permitted in this Bylaw;
b)
The operator of every Home-Based Business must obtain a Business License issued by the
District of New Hazelton;
c)
The operator of every Home-Based Business must comply with all licensing, health and
other applicable regulations of British Columbia and the District of New Hazelton; and
d)
In addition to the off-street parking spaces required for the dwelling, a Home-Based
Business must provide at least one off-street parking space for patrons plus one space for
a non-resident employee.
Home-Based Businesses may not alter the residential character of the properties on which the commercial
activity takes place, and more specifically may not:
e)
Cause or result in any variation or alteration in the external residential appearance of the
land and premises in which it is carried on;
f)
Emit excess emanation of noise, dust, odours, noxious fumes or vibrations from the
dwelling as well as no visible or audible interference in radio or television receivers and
no fluctuations in voltage on the premises;
g)
Incur deliveries requiring commercial trailers;
h)
Create or cause any fire hazard or electrical interference; or
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i)
Cause an increase in traffic congestion or demand for on street parking beyond what
would normally be associated with two visitors per hour to a residential premise during
daytime hours and one visitor per hour during evening hours.
2)
Prohibited Uses
The following uses are prohibited for Home-Based Businesses:
a)
Restaurant;
b)
Manufacturing, welding or any other light industrial use;
c)
The salvage or repair, or both, of motor vehicles;
d)
Storage of motor vehicles;
e)
Parking of Commercial Vehicles;
f)
Adult entertainment or escort agency;
g)
Business that requires the marshalling of vehicles such as taxi or limousine operation or
courier service; and
h)
Retail or wholesale sale of goods, including cannabis or vape products, except for goods
manufactured or produced as part of a Home-Based Business.
5.13
Bed & Breakfasts (B&B)
The following additional regulations apply to B&B businesses:
1)
Not more than six guests may be accommodated at any one time;
2)
Not more than three bedrooms may be used to accommodate guests;
3)
One additional off-street parking space must be provided for each bedroom used for Bed and
Breakfast accommodation;
4)
No rental of equipment or material is permitted except to registered guests; and
5)
A Bed and Breakfast home business must be conducted solely within a single family dwelling.
5.14
Waste Management Requirements
Notwithstanding the requirements of this Bylaw, waste management practices for all zones must meet the
following conditions:
1)
All garbage and waste material not stored and located within the principal building shall be kept in
an accessory building or animal proof enclosure;
2)
All garbage and waste storage for multi-family residential, tourist accommodation, commercial,
industrial and institutional uses must include an animal proof enclosure, attached garage and/or
accessory building for the purpose of storage for garbage and/or garbage receptacles;
3)
All garbage and waste enclosures are viewed as accessory structures and must adhere to applicable
specifications for each zone; and
4)
All animal proof enclosures for storage of garbage and waste must adhere to designated setbacks in
respective land-use zones.
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5.15
Animal Control
Outside the Agricultural Land Reserve, no person keeping animals, domestic or otherwise shall allow the
animals to create a nuisance by means of sound or smell.
5.16
Subdivision Parcel Requirements
Applications for subdivision shall satisfy the following general requirements:
1)
All lots created by subdivision shall comply with the minimum lot size standards established in Part C
of this Bylaw;
2)
Notwithstanding any other section in this Bylaw, no lot shall be created having a frontage less than
minimum frontage standards established in Part D of this Bylaw. On curved streets or cul-de-sacs
the minimum width of frontage shall be measured at a point 7.5 m back from the front lot line radial
from the street centre of curvature;
3)
For panhandle lots which may be subdivided further through zoning, the panhandle shall have a
minimum width of 20 m. If further subdivision is not possible, then the panhandle shall have a
minimum width of 6 m, unless back to back panhandles are created, in which case each panhandle
shall have a minimum width of 3.5 m.
5.17
Floodplain Requirements
1)
Setback Requirements
Notwithstanding any other provisions of this Bylaw, no building, manufactured home or unit,
modular dwelling unit or structure shall be constructed, reconstructed, moved, extended or located:
a)
within 7.5 m of the natural boundary of a lake, swamp or pond (or any structure for flood
protection or seepage control or of any dyke right-of-way);
b)
within 60 m of the natural boundary of the Bulkley River; or
c)
within 15 m of the natural boundary of Station Creek, Waterfall Creek or any other lake
or watercourse.
2)
Elevation Requirements
Notwithstanding any other provisions of this Bylaw, no building, manufactured home or unit,
modular dwelling unit or structure shall be constructed, reconstructed, moved, extended or located
with the underside of a wooden floor system or top of a concrete slab of any habitable area,
business or storage of goods damageable by floodwaters, or in the case of a manufactured home or
unit the ground level or top of the concrete or asphalt pad on which it is located:
a)
lower than the Flood Construction Level for any watercourse where it has been
determined to the satisfaction of the Ministry of Environment;
b)
lower than 4.5 m above the natural boundary of the Bulkley River; or
c)
lower than 1.5 m above the natural boundary of Station Creek, Waterfall Creek and any
other lake or watercourse.
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The required elevation may be achieved by increasing the structural elevation of the habitable unit,
business or storage area by using structurally sound fill under which any building is to be
constructed or manufactured home or unit located.
No area below the required elevation shall be used for the installation of furnaces or other fixed
equipment susceptible to damage by floodwater.
Where landfill is used to achieve the required elevation stated in above, no portion of the landfill
slope shall be closer than the allowed distances from the natural boundary, or the inboard toe of
any structure for flood protection or seepage control, or the inboard side of any dyke right-of-way.
The face of the landfill slope shall be adequately protected against erosion.
Elevation requirements shall not apply to:
a)
a renovation of an existing building or structure that does not involve an addition;
b)
that portion of the building or structure to be used as a carport or garage; or
c)
farm-buildings other than dwelling units and closed-sided livestock housing. Farm
dwelling units on parcel sizes 8.1 hectares or greater and within the Agricultural Land
Reserve (ALR) but if in a floodable area shall be elevated one metre above the natural
ground elevation. Closed-sided livestock housing shall be elevated 1 m above the natural
ground elevation.
5.18
Cannabis and Vape Retail Sales
1)
Unless expressly written elsewhere in this bylaw, all Cannabis Retail Sales and Vape Retail Sales must
abide by the Provincial and Federal regulations.
5.19
Short-Term Rental Accommodations
1)
Short-term rental accommodations are permitted in the R-1, R-2, R-5 and R-6 Zones.
2)
All short-term rental accommodations must abide by the applicable Provincial regulations.
3)
Short-term rental accommodations require a business licence issued by the District of New Hazelton.
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Adoption of Regulations
The document entitled "District of New Hazelton Zoning Bylaw", annexed hereto and marked as Schedule A
as per the Local Government Act.
Repeal "District of New Hazelton Zoning Bylaw No.317, 2014, and all amendments thereto," is repealed.
Citation This Bylaw may be cited for all purposes as "District of New Hazelton Zoning Bylaw 389, 2025".
READ A FIRST TIME this
3RD
day of November, 2025.
READ A SECOND TIME this
3RD
day of November, 2025.
READ A THIRD TIME this
1ST
day of December, 2025.
PUBLIC HEARING held this
1ST
day of December, 2025.
DISTRICT OF NEW HAZELTON MAYOR & COUNCIL APPROVAL this 1ST day of December, 2025.
ADOPTED this 1ST day of December, 2025.
__________________________________
_____________________________
Mayor
Corporate Officer