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District of Peachland Zoning Bylaw No. 2400, 2023 | Page 1
Consolidated: April 28, 2026
THE CORPORATION OF THE DISTRICT OF PEACHLAND
ZONING BYLAW NUMBER 2400, 2023
A bylaw to divide the District of Peachland into Zones and make regulations in relation thereto, to provide
for regulations governing the use of land, buildings and structures, off-street parking and loading, height of
buildings, size of yards, other open space, landscaping and screening, runoff control and construction in
floodplains, pursuant to the provisions of the Local Government Act and all amendments thereto.
WHEREAS the Council of the District of Peachland may by bylaw, as provided by the Local Government
Act, adopt a Zoning Bylaw.
NOW THEREFORE, the Council of the District of Peachland, in Open Meeting assembled, ENACTS AS
FOLLOWS:
1.1
This bylaw may be cited as "Zoning Bylaw No. 2400, 2023".
1.2
The following schedules attached hereto are part of this bylaw:
.1 Schedule A (Zoning Bylaw text)
.2 Schedule B (Zoning Bylaw map)
1.3
"District of Peachland Zoning Bylaw No. 2100, 2014" together with any amendments is hereby
repealed.
1.4. This bylaw shall take effect 30 days from the adoption of the bylaw.
Read a first time, this 28th day of March, 2023.
Read a second time, this 9th day of May, 2023.
Public Hearing held, this 27th day of June, 2023.
Read a third time, this 11th day of July, 2023.
Adopted on this 1st day of August, 2023.
"Patrick Van Minsel"
"Jennifer Sawatzky"
Mayor
Corporate Officer
District of Peachland Zoning Bylaw No. 2400, 2023 | Page 2
SCHEDULE A
ZONING BYLAW TEXT
This is "Schedule A" of District of Peachland Zoning Bylaw No. 2400, 2023
District of Peachland Zoning Bylaw No. 2400 | Page 3
CONTENTS
PART 1 - ADMINISTRATION AND ENFORCEMENT .................................................................................................. 5
PART 2 - INTERPRETATION .................................................................................................................................... 7
PART 3 - DEFINITIONS ........................................................................................................................................... 8
PART 4 - BASIC PROVISIONS ................................................................................................................................ 28
4.1
ESTABLISHMENT OF ZONES ..................................................................................................................................... 28
4.2
ZONE BOUNDARIES ............................................................................................................................................... 29
4.3
SPLIT ZONED LOTS ................................................................................................................................................ 29
PART 5 - GENERAL REGULATIONS ....................................................................................................................... 30
5.1
SPECIFIED USES .................................................................................................................................................... 30
5.2
AVAILABILITY OF MUNICIPAL SERVICES...................................................................................................................... 30
5.3
PUBLIC USES ....................................................................................................................................................... 30
5.4
CARE FACILITIES ................................................................................................................................................... 31
5.5
URBAN AGRICULTURE............................................................................................................................................ 31
5.6
UTILITIES AND SERVICES ......................................................................................................................................... 31
5.7
PROHIBITED VEHICLES AND EQUIPMENT .................................................................................................................... 33
5.8
ACCESSORY USE BUILDINGS AND STRUCTURES IN ALL ZONES ......................................................................................... 35
5.9
AGRICULTURAL LAND RESERVE (ALR) SETBACK AND BUFFER REQUIREMENTS IN ADJACENT ZONES ...................................... 36
5.10
AMENITY SPACE REQUIREMENTS ............................................................................................................................. 38
5.11
DENSITY MEASUREMENT ....................................................................................................................................... 39
5.12
DENSITY, ALLOCATION FOR PUBLIC PARK .................................................................................................................. 41
5.13
DRAINAGE ........................................................................................................................................................... 41
5.14
FENCING ............................................................................................................................................................. 41
5.15
FLOOD CONSTRUCTION REQUIREMENTS - FLOODPLAIN REGULATIONS ............................................................................ 42
5.16
HEIGHT AND EXCEPTIONS TO HEIGHT REQUIREMENTS ................................................................................................. 43
5.17
LANDSCAPING AND BUFFERS ................................................................................................................................... 44
5.18
LIGHTING ............................................................................................................................................................ 48
5.19
MOBILE HOMES AS PRINCIPAL DWELLINGS ................................................................................................................ 48
5.20
RETAINING WALLS ................................................................................................................................................ 48
5.21
REFUSE AND RECYCLING BINS ................................................................................................................................. 49
5.22
SETBACKS ............................................................................................................................................................ 49
5.23
SETBACKS - RIPARIAN AREAS PROTECTION REGULATION (RAPR) ................................................................................... 51
5.24
SHIPPING CONTAINERS .......................................................................................................................................... 53
5.25
SIGHT TRIANGLE - CLEAR VISION AREA .................................................................................................................... 55
5.26
SOLAR DEVICES .................................................................................................................................................... 55
5.27
SUBDIVISION........................................................................................................................................................ 56
5.28
SWIMMING POOLS ............................................................................................................................................... 56
5.29
TEMPORARY FABRIC STRUCTURES ............................................................................................................................ 57
5.30
AGRICULTURE, URBAN........................................................................................................................................... 58
5.31
APICULTURE ........................................................................................................................................................ 58
5.32
BED AND BREAKFAST ............................................................................................................................................. 59
5.33
BREWERIES, DISTILLERIES, AND MEADERIES ............................................................................................................... 59
5.34
CARETAKER DWELLING .......................................................................................................................................... 60
5.35
GARDEN SUITE (SECONDARY DWELLING WITHIN A DETACHED ACCESSORY BUILDING) ........................................................ 60
5.36
HOME BASED BUSINESSES ...................................................................................................................................... 61
5.37
KEEPING OF ANIMALS ............................................................................................................................................ 63
5.38
RESIDENTIAL FLEX UNIT (SECONDARY DWELLING WITHIN A MULTI-UNIT RESIDENTIAL DWELLING UNIT) .................................. 63
5.39
SECONDARY SUITES (SECONDARY DWELLING WITHIN A PRINCIPAL DWELLING) .................................................................. 63
5.40
CANNABIS ........................................................................................................................................................... 64
Part 1 - Administration and Enforcement
District of Peachland Zoning Bylaw No. 2400 | Page 4
5.41
TEMPORARY FARM WORKER HOUSING ..................................................................................................................... 68
PART 6 - PARKING AND LOADING ....................................................................................................................... 69
6.1
LOCATION OF PARKING SPACES - ALL MODES ............................................................................................................ 69
6.2
PAY IN LIEU - AUTOMOBILE PARKING ....................................................................................................................... 69
6.3
AUTOMOBILE PARKING STANDARDS ......................................................................................................................... 70
6.4
EXCEPTIONS ........................................................................................................................................................ 71
6.5
SURFACING ......................................................................................................................................................... 72
6.6
DESIGN AND LANDSCAPING .................................................................................................................................... 73
6.7
PEDESTRIAN WALKWAYS ........................................................................................................................................ 73
6.8
ACCESSIBLE AUTOMOBILE PARKING.......................................................................................................................... 74
6.9
VISITOR PARKING ................................................................................................................................................. 74
6.10
OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS ......................................................................................... 75
6.11
DIMENSIONS OF LOADING REQUIREMENTS ................................................................................................................ 79
6.12
OFF-STREET BICYCLE PARKING STANDARDS ............................................................................................................... 80
PART 7 - ZONE-SPECIFIC REGULATIONS ............................................................................................................... 81
7.1
A1 ZONE - AGRICULTURAL (ALR) .......................................................................................................................... 82
7.2
A2 ZONE - RURAL (NON-ALR) ............................................................................................................................. 87
7.3
RR1 ZONE - RURAL RESIDENTIAL ........................................................................................................................... 91
7.4
RR2 ZONE - COUNTRY RESIDENTIAL....................................................................................................................... 94
7.5
R1 ZONE - LOW DENSITY RESIDENTIAL ................................................................................................................... 97
7.8
RM1 ZONE - MANUFACTURED HOME PARK.......................................................................................................... 100
7.9
RM2 ZONE - MULTI-UNIT INFILL RESIDENTIAL ...................................................................................................... 101
7.10
RM3 ZONE - MULTI-UNIT RESIDENTIAL - LOW DENSITY AND CLUSTER ...................................................................... 103
7.11
RM4 ZONE - MULTI-UNIT RESIDENTIAL - MEDIUM DENSITY ................................................................................... 105
7.12
CR1 ZONE - MIXED USE .................................................................................................................................... 107
7.13
CR2 ZONE - INTEGRATED RESIDENTIAL - MIXED USE ............................................................................................... 110
7.14
CR3 ZONE - BEACH AVENUE MIXED USE ............................................................................................................... 112
7.15
C2 ZONE - CORE COMMERCIAL ........................................................................................................................... 114
7.16
C3 ZONE - CONVENIENCE COMMERCIAL ............................................................................................................... 117
7.17
C4 ZONE - SERVICE COMMERCIAL ....................................................................................................................... 119
7.18
C5 ZONE - RESORT COMMERCIAL ........................................................................................................................ 121
7.19
C9 ZONE - HIGHWAY COMMERCIAL ..................................................................................................................... 123
7.20
I1 ZONE - INDUSTRIAL ....................................................................................................................................... 126
7.21
P1 ZONE - PARKS AND OPEN SPACE ..................................................................................................................... 129
7.22
P2 ZONE - PUBLIC / INSTITUTIONAL ..................................................................................................................... 131
PART 8 - COMPREHENSIVE DEVELOPMENT ZONES .............................................................................................133
8.1
CD1 ZONE - SOUTH GLEN VILLAGE (THE TERRACES) ................................................................................................ 134
8.2
CD2 ZONE - DB HOMES LTD. .............................................................................................................................. 140
8.3
CD3 ZONE - DUCHARME ..................................................................................................................................... 145
8.4
CD4 ZONE - GERRIE ........................................................................................................................................... 152
8.5
CD5 ZONE - ISLAND VIEW VILLAS ......................................................................................................................... 157
8.6
CD6 ZONE - BUCHANAN RD. CLUSTER RESIDENCES .................................................................................................. 172
8.7
CD7 ZONE - PONDEROSA COMMUNITY ................................................................................................................. 178
8.8
CD9 ZONE - TABLETOP MOUNTAIN RESORT ........................................................................................................... 193
8.9
CD10 ZONE - NEW MONACO NEIGHBOURHOOD .................................................................................................... 197
8.10
CD11 ZONE - TODD'S RESORT ............................................................................................................................. 212
Part 1 - Administration and Enforcement
District of Peachland Zoning Bylaw No. 2400 | Page 5
PART 1 - ADMINISTRATION AND ENFORCEMENT
1.1 PURPOSE
.1
This bylaw is to provide regulations within the District of Peachland governing the following,
having regard to the provisions of the District of Peachland Official Community Plan:
.1
The use of land, buildings and structures;
.2
The density of the use of land, buildings and structures;
.3
The siting, size and dimensions of buildings, structures and parking;
.4
Flood construction requirements;
.5
The provision of landscaping and screening;
.6
The area, shape and dimensions of all lots that may be created by subdivision; and
.7
The requirements for parking and loading.
1.2 APPLICATION
This bylaw applies to all of the area within the District of Peachland except where otherwise
specifically stated.
1.3 ENFORCEMENT
The Director of Planning and Development Services, Building Inspector, Director of Engineering,
District Engineer (or Consulting Engineer), Director of Operations, Fire Chief, Bylaw Enforcement
Officer, or any employee authorized by Council to administer this bylaw are at all reasonable times
on any day authorized to enter on any property that is subject to regulation under this bylaw to
ascertain whether the regulations or directions under this bylaw are being observed.
1.4 PROHIBITIONS AND PENALTIES
.1
No land, building, structures, including the surface of water, shall be used, or occupied, and
no building or structures or part thereof shall be erected, constructed, reconstructed, moved
or structurally altered except in conformity with this bylaw.
.2
Land shall not be subdivided so as to create a lot having lesser area, width or depth than the
minimum area, width or depth specified in this bylaw for the zone in which the land is located.
.3
No person shall prevent or obstruct an official from entering any property as authorized by
section 1.3.
.4
Every person who:
.1
violates any of the provisions of this bylaw;
.2
causes or permits any act or thing to be done in contravention or violation of any of the
provisions of this bylaw;
.3
neglects or omits to do anything required under this bylaw;
.4
carries out, causes or permits to be carried out any development in a manner
prohibited by or contrary to any of the provisions of this bylaw;
Part 1 - Administration and Enforcement
District of Peachland Zoning Bylaw No. 2400 | Page 6
.5
fails to comply with an order, direction or notice given under this bylaw;
.6
being the owner of land, permits, allows or suffers any occupier of that land to do any
act or thing in contravention or violation of any of the provisions of this bylaw, to
neglect or omit to do anything required under this bylaw, to carry out any development
in a manner prohibited by or contrary to any of the provisions of this bylaw, or to fail to
comply with an order, direction or notice given under this bylaw; or
.7
prevents or obstructs or attempts to prevent or obstruct the authorized entry of the
municipal staff on property commits an offence under this bylaw.
.5
Each day's continuance of an offence constitutes a new and distinct offence.
.6
Every person who commits an offence under this bylaw is liable on summary conviction to a
fine not exceeding $50,000 and the costs of prosecution.
1.5 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this bylaw is for any reason held to be
invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed
and the decision that it is invalid shall not affect the validity of the remainder.
Part 2 - Interpretation
District of Peachland Zoning Bylaw No. 2400 - Part 2 | Page 7
PART 2 - INTERPRETATION
2.1
Words used in the present tense include the other tenses and derivative forms; words used in
the singular include the plural and vice versa; and the word "person" includes a corporation, firm,
partnership, trust, and other similar entities as well as an individual. Words have the same
meaning whether they are capitalized or not.
2.2
The words "shall" and "is" require mandatory compliance except where a variance has been
granted pursuant to the Local Government Act.
2.3
For the purpose of this bylaw, the words "includes" and "including" shall be interpreted to mean
"includes or including, but not limited to".
2.4
The phrase "used for" includes "arranged for", "designed for", "maintained for", or "occupied for".
2.5
Words, phrases, and terms neither defined in Part 3 nor in the Local Government Act shall be
given their usual and customary meaning.
2.6
All dimensions and other measurements in this bylaw are expressed in the Standard
International Units (Metric) system. Imperial measurement conversions are stated for
convenience only, and do not form part of the bylaw.
2.7
In the event of any inconsistency between the text of this bylaw and any figure or illustration, the
text shall govern.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 8
PART 3 - DEFINITIONS
3.1
All words or phrases used in this bylaw have their usual or common meaning unless specifically
defined by the Local Government Act or by the definitions set forth in this section as follows:
"Abandoned" means the discontinuation of work on a construction site for more than 90
consecutive days and/or the failure to maintain a current building permit.
"Accessory" in relation to a use, building or structure means a use, a separate building or a
structure that is normally ancillary, incidental, subordinate, customarily incidental and exclusively
devoted to a principal use, building or structure and located on the same lot as the principal use,
building or structure. Parking may be an accessory use when it serves the principal use and does
not service uses on other lots.
"Adult Entertainment Store" means any premises wherein objects, other than contraceptive
devices, designed or intended to be used in a sexual act as defined by the Motion Picture Act
Regulations, B.C. Reg. 260/86 are sold or offered for sale.
"Agriculture" means the use of land for the growing of crops or the raising of livestock and
includes Apiculture.
"Agricultural Land Reserve" (ALR) means a reserve of land established under the Agricultural
Land Commission Act. All lots located within the ALR are subject to the Agricultural Land
Commission Act and Agricultural Land Reserve Use, Subdivision and Procedure Regulation.
"Agriculture, Intensive" means the use of land by a commercial enterprise or an institution for:
a)
the confinement of poultry, livestock or fur-bearing animals; or
b)
mushroom growing.
"Agriculture, Urban" means the cultivation of a portion of a lot for the production of food including
fruits, vegetables, nuts and herbs and not including livestock or poultry, for human consumption
only.
"Agri-Tourism" means any tourist activity, service or facility carried out as defined under the
Agricultural Land Reserve Use Regulation.
"Agri-Tourism Accommodation" means the provision between April 1 and October 31 in any year
of short-term accommodation for transient travellers on a farm, orchard, or vineyard in association
with an agri-tourism activity which is accessory to a principal agricultural use. Typical uses include
but are not limited seasonal farm cabins, campsites, and recreational vehicle sites.
"Amenity Space" means an indoor or outdoor space provided and specifically designed for use by
occupants of a residential building for cultural, social and recreational activities, and except as
specifically permitted by this bylaw, not used for commercial purposes. Such space may include
community meeting space, guest accommodation, sports and fitness facilities, cultural facilities,
artist studios, workshops, tennis courts, swimming pools, gardens, open space and children's play
structures and does not include areas used for off-street parking, off-street loading, service
driveways, private balconies, decks or patios or areas whose use is restricted by a conservation
covenant granted to the District.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 9
"Ancillary Use" means any of the following activities carried on at a British Columbia licensed
brewery, cidery, distillery, meadery, or winery:
a)
processing, storage and retail sales;
b)
a food and beverage service lounge, if the area does not exceed 125m2 indoors and
125m2 outdoors;
c)
tours.
"Antenna" means a structure designed for the purpose of receiving and transmitting
communications signals.
"Apiary" means a place where hives of honeybees are kept.
"Apiculture" means the raising and care of bees for hobby, commercial or agricultural purposes.
"Arcade" means a premises where three or more devices or machines other than carnival rides,
whether mechanically, electronically, or otherwise operated, are located and used for the
amusement and enjoyment of the public but shall not include premises licensed under the Liquor
Control and Licensing Act, where minors are not permitted.
"Apartment" means a dwelling unit attached to at least two (2) other dwelling units, where all
dwelling units have a principal access from a common entrance or hallway, with each dwelling unit
occupied by a separate household.
"Arterial Highway" means a highway designated as an arterial in the Peachland Subdivision and
Development Servicing Bylaw.
"Artisan Industrial" means a Light Impact Industrial use less than 465 m2 (5,000 ft2) in gross floor
area.
"Assembly Use" means the gathering together of groups of persons for civic, educational, political,
religious, recreational or social purposes.
"Attic" means the unfinished space between the roof and the ceiling of the top storey of a building
or between a partial wall and a sloping roof.
"Auctioneering Establishment" means buildings or land used for the sale of goods and
equipment at auction, including the temporary storage of such goods and equipment.
"Automobile Body Repair and Paint Shop" means premises where automobiles, trucks, and
other vehicles undergo body repair or painting.
"Automotive and Equipment Repair Shop" means premises used for the servicing and
mechanical repair of automobiles, motorcycles, snowmobiles, and similar vehicles or the sale,
installation, or servicing of related accessories and parts. This includes but is not limited to
transmission repair shops, muffler shops, tire shops, automotive glass shops, and upholstery shops
but does not include auto body repair shops, paint shops, or wrecking yards.
"Automotive Service" means a business which provides light maintenance of motor vehicles
including engine tune-ups, lubrication, repairs and car wash facilities, excluding automobile body
repair and painting and the sale of automotive fuels.
"Awning" means a retractable or non-retractable covering of non-rigid materials such as canvas or
similar fabric projecting from the exterior wall of the building.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 10
"Balcony" means a platform, attached to and projecting from the face of a building above the first
storey, normally surrounded by a balustrade or railing, and used as an outdoor porch or sun deck
with access only from within the building.
"Basement" means that portion of a building between two floor levels which is partially or wholly
underground with at least one-half of its volume below the finished grade adjoining its exterior walls
and includes a cellar.
"Bed and Breakfast" means a business operation carried on by the members of a household as a
Home-Based Business to provide temporary accommodation to transient travellers, with or without
meals being provided, for a prescribed daily charge, where the maximum length of occupancy by
any guest is 30 days in any 12-month period.
"Boarder" means a person who is not a family member and who is provided with sleeping
accommodation and meals in a dwelling unit, for payment of rent.
"Boat Launch" means a ramp that extends from an upland property or right of way across the
foreshore and into the lake, the purpose of which is to facilitate launching and removal of boats and
other water vessels.
"Boat Lift" means a mechanical device attached to a dock, used for the removal of boats from the
water, and which can allow for a boat to be stored above the high-water level of the lake.
"Boat Storage" means the dry land storage of boats that are in working order and other marine
equipment, associated with the operation of a marina, and does not include the dispensing of
marine fuels or the servicing or major repair of boats or marine equipment.
"Breezeway" means a permanent structure forming a connection between an accessory building
and a principal building.
"Brewery, Cidery, Distillery, or Meadery" means the brewing or distilling of alcoholic beverages
or alcoholic products with alcoholic content exceeding 1% by volume that is licensed under the
Liquor Control and Licensing Act to produce beer, cider, spirits, or mead.
"Building" means a structure having a roof supported by columns or walls used or intended to be
used for the shelter or accommodation of persons, animals, or chattels.
"Building Envelope" means that area of the lot which may be used for the footprint of a building or
structure after setback requirements are considered.
"Business" means carrying on a commercial or industrial undertaking of any kind or the providing
of professional, personal, or other services for the purpose of gain or profit, including home-based
business, but does not include the activity carried on by the government, its agencies or
government owned corporations.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 11
"Campground" means the use of a lot for the temporary accommodation of transient travellers in
recreational vehicles or tents; excludes the use of a lot for the placement of a mobile home or
manufactured home.
"Cannabis Cultivation, Farmed" means the use or development of a property for the cultivation,
growth, propagation, harvesting, storage, distribution or destruction of medicinal or non-medicinal
cannabis or hemp by the holder of a licence for micro-cultivation, standard-cultivation or a nursery
licence which is lawfully permitted and authorized pursuant to federal and provincial regulations and
meets the requirements of a 'Farm Use' as defined in the Agricultural Land Reserve Use Regulation
as amended from time to time.
"Cannabis Cultivation, Micro" means the use or development of a property for the cultivation,
growth, propagation, harvesting, storage, distribution or destruction of medicinal or non-medicinal
cannabis or hemp by the holder of a licence for micro-cultivation or a nursery licence which is
lawfully permitted and authorized pursuant to federal and provincial regulations as amended from
time to time.
"Cannabis Cultivation, Standard" means the use or development of a property for the cultivation,
growth, propagation, harvesting, storage, distribution or destruction of medicinal or non-medicinal
cannabis or hemp by the holder of a licence for standard-cultivation which is lawfully permitted and
authorized pursuant to federal and provincial regulations as amended from time to time.
"Cannabis Processing, Micro" means the processing of cannabis, hemp, or products containing
cannabis, hemp or cannabidiol (CBD) by a holder of a licence for micro-processing into value added
goods including but not limited to edibles, beverages, oils, creams, butters and concentrates.
"Cannabis Processing, Standard" means the processing of cannabis, hemp, or products
containing cannabis, hemp or cannabidiol (CBD) by a holder of a licence for standard-processing
into value added goods including but not limited to edibles, beverages, oils, creams, butters and
concentrates.
"Cannabis Testing and Research" means the use or development of a property for the purpose of
conducting cannabis related research by a holder of a licence for research or providing testing
services by a holder of a licence for analytical testing which is lawfully permitted and authorized
pursuant to federal and provincial regulations as amended from time to time.
"Cannabis Use" means the consumption of cannabis or cannabidiol (CBD) of any kind, by any
method, including but not limited to the smoking or holding of lighted cannabis; the use or holding of
a device that is vaporizing cannabis for inhalation or release into the air; or the ingestion of
cannabis or cannabis infused products.
"Medicinal Cannabis Cultivation, Individual" means the cultivation, growth, propagation,
harvesting, storage, distribution or destruction of medicinal cannabis or hemp by a person holding a
valid licence to cultivate medicinal cannabis for their own use, or as a designated cultivator for
another person, which is lawfully permitted and authorized pursuant to federal and provincial
regulations as amended from time to time.
"Medicinal Cannabis Dispensary" means the retail sale and distribution of medicinal cannabis by
a holder of a licence for sale of cannabis for medical purposes which is lawfully permitted and
authorized pursuant to federal and provincial regulations as amended from time to time.
"Non-Medicinal Cannabis Cultivation, Individual" means the cultivation, growth, propagation,
harvesting, storage, distribution or destruction of non-medicinal cannabis or hemp which is lawfully
permitted and authorized pursuant to Federal and Provincial regulations as amended from time to
time.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 12
"Non-Medicinal Cannabis Store" means the retail sale and distribution of nonmedicinal cannabis,
products containing cannabis and/or related products at a physical storefront by a holder of a
licence for cannabis sale which is lawfully permitted and authorized pursuant to federal and
provincial regulations as amended from time to time.
"Canopy" means a non-retractable hood cover or marquee which projects from the wall of a
building. It does not include an awning, projecting roof, roof eaves, or enclosed structure.
"Care Facility, Congregate" means a use licensed by the Province of BC under the Community
Care and Assisted Living Act that combines private living quarters with centralized dining services,
shared living spaces, and access to social and recreational activities.
"Care Facility, Extended" means a use licensed by the Province of BC under the Community Care
and Assisted Living Act that provides 24-hour supervision of residents, personal nursing care and
medical treatment by nursing staff.
"Care Facility, Major means a use licensed by the Province of BC under the Community Care and
Assisted Living Act, to provide care, educational services, or supervision of more than eight (8)
children or adults and may include limited overnight accommodation for shift workers.
"Care Facility, Minor" means a use that is within an occupied single detached dwelling or duplex
licensed by the Province of BC under the Community Care and Assisted Living Act to provide care,
educational services, and supervision for no more than eight (8) children or adults by a person who
resides at the dwelling for more than 240 days of the year.
"Caretaker Dwelling" means a dwelling unit that is used as a permanent residence by an
employee of a commercial or industrial operation which is associated with and on the same lot as
the dwelling, and that does not contain a secondary suite or a boarding or lodging use.
"Carport" means a roofed structure free standing or attached to the principal building which is not
enclosed in the front and at least one side, used by the building occupants to shelter parked
vehicles.
"Commercial Public Piazza" means a defined contiguous public realm space that may include
sidewalks, streets, plazas, urban parks, and other similar public realm areas that is managed as
one entity for the purpose of supporting special events, food and alcohol consumption, shopping
and other commercial or civic activities.
"Commercial Storage" means premises providing indoor or outdoor space available for rent for
the purpose of storing non-hazardous goods.
"Commercial Use" means an occupation, employment or enterprise that is carried on for gain or
monetary profit by any person.
"Community Garden" means land which is gardened collectively or divided into individual plots,
and which is used by members of the public for demonstration gardening, instructional
programming or the production of plants and produce for personal consumption.
"Community Service" means a use other than a residential use:
a)
providing information, referral, counselling, advocacy, physical or mental health
services on an out-patient basis;
b)
dispensing aid in the form of food or clothing; or
c)
providing drop-in activity space.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 13
"Compost" means a product that is:
a)
a stabilized earthy matter having the properties and structure of humus;
b)
beneficial to plant growth when used as a soil amendment;
c)
produced by composting; and
d)
derived only from organic matter.
"Contractor Services" means the provision of building or infrastructure construction services
including landscaping, concrete, electrical, excavation, drilling, heating and plumbing or similar
services of a construction nature which require on-site storage of equipment and vehicles,
warehouse space and accessory sales and office space.
"Convenience Store" means a commercial establishment which retails groceries and other
convenience items and services to serve the immediate neighbourhood.
"CSA" means Canadian Standards Association.
"Deck" means a structure more than 0.6 m (2 ft) above grade without a roof or walls, except for
visual partitions and railings, used as an outdoor amenity area.
"Density" means a measurement of development intensity to the area or the site including the
number of units on a site measured in units/area, lot coverage, minimum lot area per dwelling unit
or floor area ratio.
"Dock, Community" means a structure that extends from the shore into the water available for use
by the general public that is permanently affixed to foreshore land.
"Dock, Private" means a structure that extends from the shore into the water for the purposes of
embarking or disembarking from watercraft, which may be temporarily anchored or permanently
fixed.
"Dwelling, Duplex" means a residential building containing two principal dwelling units.
"Dwelling, Multiple-Unit Residential" means a dwelling unit contained within a multiple-unit
residential building.
"Dwelling, Secondary" means either a Secondary Suite, Garden Suite, or Residential Flex Unit on
a lot.
"Dwelling, Single Detached" means any detached building containing one dwelling unit occupied
or intended to be occupied as a permanent or long-term residence or, where permitted by this
bylaw, one dwelling unit and a secondary suite.
"Dwelling Unit" means a room or group of rooms, which constitute a self-contained unit used or
intended to be used by one household for living and sleeping purposes, including only one kitchen
and at least one bathroom. Only one wet bar is permitted within a dwelling unit.
"Eating Establishment" means a commercial establishment which serves prepared food or
beverages to persons seated within a building and associated outdoor spaces for consumption on
or off the premises and includes restaurants, coffee shops, tea rooms, outdoor cafes and catering
establishments and premises licensed as "food primary" under the Liquor Control and Licensing
Act.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 14
"Education Facility" means premises used for education or training purposes and may include
administration offices and dormitories to house students. Typical uses include elementary, middle
and secondary schools, community colleges, universities, and business, special educational
program, technical, trade and vocational schools.
"Entertainment Uses" means facilities which provide for the enjoyment of patrons, and includes
theatres, dancing establishments, performance facilities, and production or rehearsal studios and
excludes Recreational Facilities.
"Exhibition and Convention Facilities" means a building or site used to provide permanent
facilities for meetings, seminars, conventions, product and trade fairs and similar exhibitions.
"Farm" means one (1) or more lots being used for an agricultural use, classified as a farm under
the BC Assessment Act, and managed as a single farm.
"Farm Product" means a commodity that is produced from a farm use as defined in the
Agricultural Land Commission Act or designated by regulation.
"Farm Product Processing" means the process of adding value to a primary farm commodity or
product by physical, biological, or other means including, but not limited to, fermentation, cooking,
canning, smoking, or drying.
"Farm Retail Sales" means the retail sale to the public of tangible products grown or raised on that
farm and may include the sale of non-farm products as permitted by the Agricultural Land Reserve
Use, Subdivision and Procedure Regulation.
"Fence" means a constructed vertical barrier of any material or combination of materials other than
a retaining wall, erected to provide visual screening or prevent vehicular or pedestrian access. A
fence does not include trees, a landscape buffer, a landscape screen, or a retaining wall.
"Financial Institution" means the provision of financial and investment services by a bank, trust
company, investment dealer, credit union, mortgage broker, or similar business.
"Fire-Prone Tree and Fire-Prone Shrub" mean trees and shrubs that are highly flammable and
typically:
-
have evergreen, needle-like foliage which is aromatic when crushed;
-
have loose, papery, or flakey bark;
-
produce gummy resin or sap.
Examples of fire-prone trees include native species such as western red cedar, Douglas-fir, and
various ornamental conifer trees species. Examples of fire-prone shrubs includes all coniferous
hedging (e.g. cedar) and all coniferous shrubs.
'Fire-Resistant Tree and Fire-Resistant Shrub' mean trees and shrubs that do not easily ignite
from wildfire flames or embers, and do not easily spread fire to nearby fuels, and typically have the
following characteristics:
-
deciduous or broadleaf evergreen foliage;
-
moist and supple leaves;
-
produces watery sap.
Examples of fire-resistant trees and shrubs include both native and ornamental deciduous or
broadleaf-evergreen species. Suitable choices are identified in the BC FireSmart Landscaping Hub
plant tool.
"Flanking Street" means a highway, excluding a lane, parallel to and abutting a lot line other than
the front or rear lot line.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 15
"Floor Area, Gross" means the area of all buildings measured to the outside surface of the
exterior walls including elevator shafts, corridors, hallways, landings, foyers, staircases and
stairwells, and balconies, decks and similar structures that are enclosed by walls.
"Floor Area, Net" means the gross floor area of all buildings excluding:
a)
swimming pools;
b)
breezeways, balconies and decks that are unheated and partially or totally enclosed in
clear glazing, and similar structures that are unenclosed by walls and not connected to
the heating and ventilation system;
c)
attics and any other storeys or portions of storeys where the height from floor to ceiling
is less than 1.5 m (5.0 ft) such as basements and crawl spaces;
d)
uninhabitable auxiliary storage structures under 15.0 m2 (161.5 ft2) in floor area;
e)
accessory parking areas located within the building envelope, or underground parking
including vehicle access and manoeuvring aisles; except where parking is the principal
use of the lot, whereupon those areas which are used for parking within the outermost
walls of a building or underground shall be counted in the calculation;
f)
basement areas used for storage or services to the building, attached garages and
carports; and
g)
in major care facilities: exit stairways, common corridors, and building mechanical
areas.
"Food and beverage service lounge" means an establishment serving alcohol products produced
on the premises, in addition to food, that has a "lounge endorsement" to the license issued under
the Liquor Control and Licensing Act. Does not include a sampling room within the premises set
aside for tasting.
"Freight Terminal" means premises that function as an origin or destination point from which
vehicles are dispatched for the delivery or pick-up of goods and which may include warehouse
space for the temporary storage of such goods.
"Frontage" means the common boundary shared by the front lot line and a highway excluding a
lane or walkway.
"Garden Suite" means a secondary dwelling contained within an accessory building other than a
mobile home, located on a lot containing a principal dwelling.
"Gas Station" means a place of business where automotive fuel and automotive accessories are
retailed to the general public.
"General Service Use" means a business which provides services, other than personal services to
an individual or to other businesses and includes photocopying services, film processing, rentals,
appliance repair services, veterinary clinics, and financial institutions, but excludes automotive
service uses and industrial equipment rentals.
"Greenhouse or Plant Nursery" means premises used for the cultivation, storage or sale of
plants, trees, bushes, sod and related gardening products and materials.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 16
"Grade" means the finished ground at every location along the outside walls of a building or
structure, with the following exceptions:
a) Localized depressions;
b) Where retaining wall is built downslope of a building or structure, and within 1.5 m (4.9 ft) of
the base of an exterior wall or structural support, the height of the retaining wall shall be
included in the measurement of height for the building or structure.
"Grade, Average means the mathematical average of the elevation measured at each of the
outermost exterior corners of a building.
Average Grade = (a+b+c+d+e+f+g)/7
"Grade, Natural" means the elevation of the ground surface in its natural state, before man-made
alteration.
"Green Roof" means a roofing system that includes waterproof and root resistant membranes, a
drainage system, filter cloth, growing medium and plants designed to retain precipitation or as a
visual or environmental amenity.
"Ground-oriented" means having an exclusive and direct access to a private open space area,
other than a balcony or sun deck.
"GVW" means licensed gross vehicle weight.
"Hard Surfacing" means a durable ground surface, constructed of cast-in-place concrete, brick or
concrete unit pavers, turf stone, stone, asphalt, or similar materials, but excluding gravel and clay.
"Health Services" means facilities used for the provision of physical or mental health services on
an out-patient basis.
"Height" in relation to a building or structure means the vertical distance measured from average
grade to the highest point of a non-sloping roof, or the mid-point of a sloping roof excluding the
projection of chimneys, roof vents, heating, ventilation and air conditioning equipment but including
any photovoltaic cells or solar hot water panels.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 17
"Heliport" means premises used to provide storage and servicing facilities for helicopters and
typically includes landing pads, enclosed service and storage areas and accessory office and
meteorological assessment equipment.
"High Technology Research and Product Design" means the research 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.
"Highway" means a street, road, lane, bridge, and any other way open to public use.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 18
"Home-based Business" means any occupation or profession that is carried on for gain or profit in
residential premises, but does not include the following:
a)
childcare uses;
b)
retail sale of goods not produced on the premises except for:
i.
agricultural products in compliance with the Agricultural Land Commission Act;
ii.
mail order sales;
iii.
telephone or internet sales;
iv.
products incidental to the service being provided as a Home-Based Business;
and
v.
direct distributorships where customers do not enter the premises to inspect
purchase or take possession of the goods;
c)
repair or painting of vehicles, trailers, recreational vehicles or boats;
d)
welding or machine shops; or
e)
dispatching of tow trucks kept on the premises.
"Hospital" means a hospital as defined by the Hospital Act.
"Household" means:
a)
a person occupying a dwelling unit alone; or
b)
two or more persons related by blood, marriage, common-law, adoption or foster
parenthood sharing one dwelling unit; or
c)
not more than five unrelated persons including boarders, who are not related by blood,
marriage, or adoption, sharing a dwelling unit; or
d)
unrelated persons sharing a dwelling unit with related persons provided that the
number of unrelated persons does not exceed three (3).
In addition, a household may include up to one housekeeper, live-in caregiver or nanny.
"Industrial Use" means the manufacturing, processing, assembling, fabricating, testing, servicing
or repairing of goods or materials including wholesale of products manufactured or processed on
the lot.
"Industrial Use, Light Impact" means an industrial use which is enclosed within a building and is
not offensive by reason of smoke, vibration, toxic fumes, electrical or electronic interference and
produces no significant noise which in any way interferes with the use of any contiguous lot, and
includes custom indoor manufacturing such as pottery, jewellery or similar production studios, sign
painting shops, bakeries and similar uses but excludes salvage industry.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 19
"Intensive Agriculture" - see Agriculture, Intensive
"Kennels and Stables" means premises used for the breeding buying, selling or overnight
boarding of animals including dogs, cats, horses, or other domesticated animals and excluding
other types of livestock.
"Kitchen" means facilities for the preparation or cooking of food, and includes any room containing
counters, cabinets, plumbing, or wiring used for the preparation or cooking of food but does not
include a wet bar.
"Landscape Buffer" means a landscaped or natural area intended to visibly separate and screen
one use from another to improve land use compatibility and environmental quality by reducing
noise, lighting glare and other nuisances, or that facilitates natural drainage and wildlife movement.
"Landscaping" means any combination of trees, bushes, shrubs, plants, flowers, lawns or
managed natural vegetation, decorative paving, planters, sculptures, and other ornamental
features, arranged and maintained so as to enhance and embellish the appearance of a lot or to
screen a lot, and does not include paved parking areas, unmanaged natural bush, undergrowth or
uncontrolled growth of weeds.
"Lane" means a highway more than 3.0 metres in width, but not greater than 8.0 metres in width,
intended to provide secondary access to lots.
"Liquor Primary Establishment" means premises licensed as such under the Liquor Control and
Licensing Act where the primary purpose of the business carried on in the establishment is
beverage service, entertainment, or hospitality.
"Liquor Store" means a government liquor store, government beer store or government wine store
or an agency store established under the Liquor Distribution Act or a Licensee Retail Store licensed
under the Liquor Control and Licensing Act.
"Livestock" means any cattle, horses, sheep, goats, rabbits, fish, farmed game and any species of
exotic animals prescribed for the purposes of the definition of "farm operation" under the Farm
Practices Protection Act.
"Loading Space" means an area of a lot reserved for temporary parking for the purpose of loading
or unloading passengers, goods, or materials.
"Localized Depression" means a necessary portion of an exterior wall that drops below the
average ground level of the wall to provide vehicular or pedestrian access to a building.
"Lodger" means a person who is provided with sleeping accommodation in a dwelling unit, for
payment of rent.
"Long-term Use as an Accessory Structure" means the placement of a shipping container on
any lot for a period exceeding the number of days allowed for temporary use in the zone where the
lot is located.
"Lot" means a parcel of land, including Crown Land, title to which has been registered in the Land
Title Office by the deposit of a plan or other description, but does not include a highway.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 20
"Lot Area" means the total horizontal area within the lot lines of a lot.
"Lot, Corner" means a lot other than a through lot abutting two or more highways excluding lanes,
or a lot that has two intersecting lot lines abutting a highway which substantially changes direction
at the point of intersection.
"Lot Coverage" means the total ground level area of all principal and accessory buildings and
structures of any kind located on a lot, measured to the outside of the foundations or footings,
divided by the lot area and expressed as a percentage but excluding the areas of the following:
a)
balconies located above the first storey which are cantilevered from a building without
footings or support extending to the ground;
b)
canopies and awnings;
c)
uncovered decks and patios that are not more than 0.6 m (2.0 ft) above grade; and
d)
uncovered swimming pools.
"Lot Depth" means the horizontal distance between the mid-points of the front and rear lot lines.
"Lot Line" means the legally defined boundary of any lot. Refer to illustration under Yard, Side.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 21
"Lot Line, Front" means the lot line common to the lot and an abutting highway, and in the case of
a corner lot, the shortest of these lines shall be considered the front lot line. Where the street
boundaries of a corner lot are equal in length, or form a continuous arc, the front lot line is that
boundary between the parcel and highway from which it derives its municipal address. In the case
of a through lot, the front lot line shall be the lot line where the main access to the lot or main
entrance is facing.
"Lot Line, Exterior Side" means the lot line not being the front or rear lot line, common to a lot and
an abutting highway other than a lane or walkway.
"Lot Line, Interior Side" means the lot line not being the front or rear lot line, common to more
than one lot or to the lot line and a lane or walkway.
"Lot Line, Rear" means the lot line opposite to, and most distant from the front lot line, or where
there is no lot line in that relationship with the front lot line, the point of intersection of any lot lines
and opposite the front lot line.
"Lot Line, Side" means a lot line other than the rear lot line or the front lot line.
"Lot, Strata" means a lot shown on a strata plan according to the Strata Property Act.
"Lot, Through" means a lot abutting two (2) parallel or approximately parallel highways, other than
lanes.
"Lot Width" means the length of the front lot line except in the case of an irregularly shaped lot,
where the width shall be the horizontal distance between the side lot lines at the front lot line
setback. For a reverse pie-shaped lot, the lot width is the horizontal distance between the side lot
lines at the rear lot line setback.
"Manufactured Home" means a dwelling unit, built in a factory environment in one or more
sections, intended to be occupied in a place other than its manufacture. Manufactured homes may
be constructed to either the CAN/CSA A277 (Modular Home) or CAN/CSA Z240 MH (Mobile Home)
standard.
"Manufactured Home Park" means any lot, upon which two (2) or more manufactured homes are
installed or placed for residential occupancy.
"Manufactured Home Space" means an area set aside and designated within a manufactured
home park for the installation or placement of a manufactured home, including space for the
exclusive accessory use by the owner or occupant of that manufactured home.
"Marina" means a facility which provides for the launching, docking, moorage and storage of boats
or other water vessels and their accessories.
"Marine Fuel Facilities" means a fuelling station containing pump facilities used for the provision
of fuel and motor products required for the operation of marine equipment for the boating public and
does not include services related to repairs, oil changes or greasing.
"Mid-point of a Roof" means the point of a roof that is midway between the top of the peak and
the top of the supporting wall.
"Mobile Home" means a dwelling unit built to the CAN/CSA Z240 MH standard whether ordinarily
equipped with wheels or not that is designed, constructed or manufactured to be moved from one
place to another by being towed or carried.
"Modular Home" means a manufactured home constructed to the CAN/CSA A277 Modular Home
standard, built in 2 or more sections to be assembled on a permanent foundation.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 22
"Multiple-unit Residential Building" means a building which contains three (3) or more dwelling
units.
"Natural Boundary" means the visible high water mark of a lake, pond, swamp, river, stream or
any other water body or water course where the presence and action of water are so common and
so long continued in all ordinary years as to mark upon the soil of the bed of the water body or
water course a character distinct from the banks thereof in respect to vegetation and in respect to
the nature of the soil itself.
"Occupiable Space" means an enclosed space intended for human activities, excluding those
spaces intended primarily for other purposes, such as storage rooms and equipment rooms, that
are only intended to be occupied occasionally and for short periods of time.
"Office" means a premises, building or group of buildings, used for the provision of professional,
management, administrative, government, consulting, or financial services.
"Open Space" means an outdoor area which is used for passive or active recreational purposes
and does not include required building setbacks or any area intended for storage, parking, loading
or circulation.
"Outdoor Storage" means the storage of equipment, goods, or materials in the open air where
such storage of goods and materials does not involve the erection of permanent structures or the
material alteration of the land. Typical uses include but are not limited to storage of construction
material, vehicles and heavy equipment.
"Owner" means the registered owner of an estate in fee simple and/or their agent authorized in
writing, and includes the tenant for life under a registered life estate, the registered holder of the last
registered agreement for sale, and the holder or occupier of land held in the manner described in
the Local Government Act.
"Panhandle Lot" means any lot which gains highway frontage through the use of a narrow strip of
land which is an integral part of the said lot, described as "the panhandle".
"Parking Facility" means a building, structure or land used for short-term parking of vehicles
weighing less than 5,000 kilograms (11,023 lbs) GVW
"Party Wall" means a wall jointly owned and jointly used by two parties under easement
agreement or by right in law, and erected at or upon a line separating two parcels of land, each of
which is, or is capable of being, a separate real estate entity.
"Permeable Parking Surface" means a surface that allows all precipitation to be infiltrated into the
underlying soil; may include porous pavement, pervious unit paver systems, or grass pave systems.
"Personal Service Use" means a commercial establishment which provides for the care and
appearance of the body or the cleaning or repair of personal effects.
"Primary Processing" means the preparation for shipment of horticultural products and crops by
field processing, cleaning, sorting, packaging, and storing.
"Principal Building" means any building used to accommodate a principal use.
"Principal Use" means the main or primary use of land, buildings, and structures, specifically
permitted in the zones established by this bylaw.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 23
"Public Building or Facility" means the non-commercial use of land, buildings and structures for
art or cultural exhibits, ambulance stations, community centres, courts of law, fire halls, hospitals,
legislative chambers, libraries, outdoor recreation uses, police stations, or recreation facilities.
"Public Place" means any place to which the public has access as of right or by invitation,
expressed or implied, whether or not a fee is charged for entry including but not limited to highways,
sidewalks, parks, trails and public lands.
"Pump Island" means a base upon which gasoline dispensing equipment is mounted.
"Recreational Facility" means a facility which provides patrons the opportunity to perform a
physical activity or engage in a social activity and includes bowling alleys, skating and curling rinks,
recreation clubs, health clubs and dance studios.
"Recreational Vehicle" means a vehicle intended as a temporary accommodation for travel or for
recreational use and includes travel trailers, motorized homes, slide-in campers, chassis-mounted
campers, park model recreational vehicles, tent trailers, personal watercraft, all-terrain vehicles,
snowmobiles and boats.
"Recycling Depot" means a building or lot used for the collection, purchase and sale, sorting,
processing and temporary storage of recyclable materials including, but not limited to: cardboard,
plastics, paper, metal, bottles and similar household goods or items returnable for deposit.
"Residential Flex Unit" means a second dwelling unit within a multiple-unit residential dwelling
which contains a kitchen, at least one closet, and a bathroom with a toilet, sink, and bathtub or
shower; and has a separate lockable entrance door providing independent access to the exterior of
the multiple-unit residential dwelling.
"Residential Sales Centre" means a building or structure used for a limited period of time for the
purpose of marketing residential land or buildings.
"Retail Store" means premises used for selling or renting goods or merchandise to the ultimate
consumer for personal consumption or household use and not for resale purposes and includes
convenience stores, household equipment rentals, temporary markets and similar uses which are
wholly enclosed within a building, and excludes adult entertainment store.
"Retaining Wall" means any structure other than a building wall which is constructed to hold back,
stabilize or support an earthen bank.
"Seasonal" means a use or activity in a facility or area for less than 12 months of the year.
"Secondary Suite" means one (1) or more habitable rooms within a single detached or one-half of
a duplex dwelling, but used as a separate dwelling unit, with self-contained sleeping, living, cooking,
and sanitary facilities, and direct access to the exterior without passing through any part of the
principal dwelling unit.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 24
"Setback" means the required distance from a lot line to any area of a lot on which a building may
be sited under Part 7 or 8 of this Bylaw.
"Sewer System, Community" means a sanitary sewer or system of sewage disposal works which
is owned, operated, and maintained by the District of Peachland.
"Shipping Container" means a purpose-designed metal cargo container for holding goods which
is intended to be placed on a ship, truck or railcar. Includes but is not limited to intermodal shipping
containers, bodies of transport trucks or straight truck boxes, whether in their original form or
modified to include doors, windows, vents, or any other modifications.
"Short Term" means use for a period of not more than 30 consecutive days.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 25
"Sign" means a visual communication device which includes any symbols, letters, numerals,
words, figures, pictures, illustrations, advertisements, announcements, directions, logo, visual
representation or other attention drawing device which advertises, identifies, or communicates
information or attracts the attention of the public, for any purpose, displayed out of doors on a lot or
on the exterior of a building on a lot in such a manner as to be visible from a highway and includes
a message displayed on the interior surface of an exterior window, but does not include a traffic
control device, or architectural symbols or graphics which are an integral part of the architectural
design of a building.
"Sleeping unit" means:
a)
a bedroom or other area used as a bedroom in a cabin, dwelling or accessory building;
and
b)
a tent or recreational vehicle on a campsite.
"Storey" means that part of a building other than a basement or attic which is situated between the
top of any floor and the top of the next floor above it, and if there is no floor above it, between the
top of such floor and the ceiling above it.
"Storey, First" means the storey having its floor level not less than 2.0 m above building grade.
"Streamside Protection and Enhancement Area" means an area:
a)
adjacent to a stream that links aquatic to terrestrial ecosystems and includes both
existing and potential riparian vegetation and existing and potential adjacent upland
vegetation that exerts an influence on the stream; and
b)
the size of which is determined according to this regulation on the basis of an
assessment report provided by a qualified environmental professional in respect of a
development proposal.
"Structure" means a construction of any kind whether fixed to, supported by or sunk into land,
including fences, display signs, tanks, poles, towers, swimming pools, chimney towers, and satellite
dishes.
"Tandem Parking" means two parking spaces, one behind the other, with a common or shared
point of access to a manoeuvring aisle, lane or highway.
"Temporary" means a use or activity in a facility or area that is established and used on a limited
time basis.
"Temporary Fabric Structure" means a structure constructed of a non-rigid material that is not
permanently affixed to the ground by way of foundation or footings.
"Temporary Farm Worker Housing" means a temporary structure designated specifically to
provide temporary housing for seasonal farm workers employed by a farm operation on the lot or a
farm where the lot forms part of the farm operation. Temporary Farm Worker Housing may include
sleeping facilities, bathrooms, communal kitchen facilities and other common areas.
"Temporary Markets and Vendors" means an open air or partly covered market, for the sale
directly by or on behalf of the producers of local fresh, dried or frozen fruit and vegetables, local
dried or frozen meat, local dairy products, local plants or locally prepared and local ready-to-eat
foods and local artisan crafts, that is operated in a temporary location for a limited period of time.
"Theatre" means a building used or intended to be used for live theatre or for the projection of
motion picture films.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 26
"Tourist Accommodation" means the commercial rental of accommodation to transient travellers,
for periods not exceeding 182 days in any 12-month period for any particular guest, which includes
a building with an office for check-in and registration, and includes campgrounds.
"Townhouse" means one of three or more principal dwelling units, each dwelling unit sharing at
least one common wall or floor with another dwelling unit, and each dwelling unit having a separate
direct exterior entrance at grade.
"Use" means the purpose for which land or a building is arranged or intended, or for which land, a
building or a structure is, or may be, occupied and maintained.
"Utility Service" means buildings and facilities used for the local transmission of water or sewage,
or underground facilities for the local transmission of natural gas, electricity, telephone signal,
television signal or internet signal, and does not include above ground telecommunication facilities,
electricity transmission towers or related buildings or facilities or oil or gas storage tanks.
"Vacation Resort Residential" includes townhouse- or apartment-type units occupied either on a
full or part-time basis including occupancy under a time-share use or ownership plan, or used for
the temporary commercial accommodation of the transient travellers, including accommodation
provided under a rental pool scheme.
"Vehicle" means a motor vehicle as defined in the Motor Vehicle Act.
"Vehicle Rental, Light" means rental of vehicles of less than 6,000 kilograms (1,228 lbs) GVW
"Walkway" means a highway carrying pedestrian and non-motorized traffic only, except that a
walkway may be designed to afford emergency vehicle use.
"Warehouse Uses" means the use of a building for storage and distribution of goods in bulk.
"Water System, Community" means a system of water works which includes either private or a
community water works, within the meaning of the Health Act which is owned operated and
maintained by the District of Peachland, an Improvement District under the Water Act or the Local
Government Act, or which is regulated under the Water Utility Act and authorized by Council.
"Wet Bar" means equipment and fixtures used exclusively to prepare beverages or food items that
do not require cooking. not including exhaust fans, 220-volt wiring, natural gas supply or permanent
cooking facilities of any type.
"Winery" means premises for the manufacture, packaging, storage and sales of grape and fruit-
based wines which are licensed under the Liquor Control and Licensing Act.
"Wrecked Vehicle" means a vehicle that is not displaying a current licence decal for operation in
British Columbia and that is not capable of operation under its own power.
"Yard" means an area between the principal building and relevant lot line.
"Yard, Front" means the area between the side lot lines extending from the front lot line to the
nearest wall or supporting member of a building or structure.
"Yard, Rear" means the area between the side lot lines extending from the rear lot line to the
nearest wall or supporting member of a building or structure.
"Yard, Side" means that part of the lot which extends from a front lot line to a rear lot line between
the side lot line and the nearest wall or supporting member of a building or structure.
Part 3 - Definitions
District of Peachland Zoning Bylaw No. 2400 - Part 3 | Page 27
Illustration of Lot types and Identification of Lot Lines and Yards
"Zone" means the areas into which the District is divided in accordance with the maps attached as
Schedule B of this bylaw and for which specific regulations are set out in Parts 7 and 8.
Part 4 - Basic Provisions
District of Peachland Zoning Bylaw No. 2400 - Part 4 | Page 28
PART 4 - BASIC PROVISIONS
4.1
ESTABLISHMENT OF ZONES
.1
For the purposes of this bylaw the District of Peachland is divided into the zones listed below
and shown on Schedule B of this bylaw.
.2
In this bylaw, reference to zones as listed in Column 1 of Section 4.1 shall be deemed to
mean, and be, the same as the zone listed in Column 2 of Section 4.1 and the words and
numbers in the said columns shall be deemed to be interchangeable where the context of the
bylaw otherwise requires.
COLUMN 1
COLUMN 2
Agricultural and Rural Zones
A1
Agricultural (ALR)
A2
Rural (Non-ALR)
RR1
Rural Residential 1
RR2
Rural Residential 2
Residential Zones
R1
Low Density Residential
RM1
Manufactured Home Park
RM2
Multi-Unit Infill Residential
RM3
Multi-Unit Residential - Low Density
RM4
Multi-Unit Residential - Medium Density
Mixed Use Zones
CR1
Mixed Use
CR2
Integrated Residential - Mixed Use
CR3
Beach Avenue Mixed Use
Commercial Zones
C2
Core Commercial
C3
Convenience Commercial
C4
Service Commercial
C5
Resort Commercial
C9
Highway Commercial
Industrial
I1
Industrial
Institutional
P1
Parks and Open Space
P2
Public/Institutional
Comprehensive Development Zones
CD1
South Glen Village (The Terraces)
CD2
DB Homes Ltd.
CD3
Ducharme
CD4
Gerrie
CD5
Island View Villas
CD6
Buchanan Rd. Cluster Residences
CD7
Ponderosa Community
CD9
Tabletop Mountain Resort
CD10
New Monaco Neighbourhood
CD11
Todd's Resort
Part 4 - Basic Provisions
District of Peachland Zoning Bylaw No. 2400 - Part 4 | Page 29
4.2
ZONE BOUNDARIES
.1
The location of each zone is defined on Schedule B entitled District of Peachland Official
Zoning Map which is hereby attached to and forms an integral part of this bylaw.
.2
Where a zone boundary is shown on Schedule B as a highway, right of way, road allowance
or a watercourse, the centreline of the highway, right of way, road allowance or the median
line of the watercourse shall be the zone boundary.
.3
Where a zone boundary is shown as approximately following a lot line, it follows the lot line.
.4
Where a zone boundary follows the shoreline of a lake, pond or similar standing body of
water, the natural boundary of that lake pond or water body shall be the zone boundary.
.5
When any street is closed, the land is deemed to have the same zoning as the abutting land.
When abutting lands are governed by different zones, the centreline of the previous right of
way is the zone boundary unless the zone boundary is shown following the edge of the right
of way. If the right of way is consolidated with an adjoining parcel, the parcel's zoning
designation applies to the consolidated portion.
.6
Where a survey plan indicates the adjustment of a parcel boundary due to accretion, the
zoning designation applicable to the parcel is deemed to extend to the new parcel boundary
despite the zoning designation of the accreted area indicated on Schedule B.
.7
Where a zone boundary does not follow a legally defined boundary and where the distances
are not specifically indicated, the location of the boundary shall be determined by scaling
from the Official Zoning Map.
4.3
SPLIT ZONED LOTS
Where a lot contains more than one zone:
.1
The lot will be considered a single lot for the purposes of determining maximum density and
parcel coverage, and for the purposes of subdivision, based on the more stringent
regulations of any applicable zone;
.2
Each zoned area shall be treated as a separate lot for the purposes of determining
compliance with the general regulations, parking regulations and development regulations
related to height and siting; and
.3
All uses, buildings or structures that are accessory to a principal use, building, or structure
shall be located only within the area zoned for that principal use, building, or structure.
Part 5 - General Regulations
A. Permitted Uses
District of Peachland Zoning Bylaw No. 2400, 2023 - Part 5 | Page 30
PART 5 - GENERAL REGULATIONS
A.
PERMITTED USES
5.1
SPECIFIED USES
.1
No person shall use buildings or structures, or land for any use, except as specifically
permitted by this bylaw. Any use not expressly permitted in a zone or by an applicable
section of this bylaw is prohibited.
5.2
AVAILABILITY OF MUNICIPAL SERVICES
.1
Notwithstanding any other provision of each zone, the Permitted Uses in these zones shall
be conditional upon the immediate availability and adequacy of those municipal facilities and
services hereinafter set forth to serve each lot and each unit of every building, structure and
use to be erected, placed or carried on thereon. No use of land and no use of any buildings
or structures thereon is authorized by the Permitted Uses of each zone and all uses
otherwise permitted by this bylaw are prohibited unless and until all of the following services
and facilities have been provided and are immediately available and are adequate therefor to
the standards set out as follows:
.1
Sanitary sewer (where applicable), waterworks and drainage works shall be provided
and constructed to the standards set out in the Subdivision and Development Servicing
Bylaw.
.2
All highways abutting and serving the land including boulevards, street lighting, wiring,
sidewalks and transit service facilities shall be provided and constructed to the
standards set out in the Subdivision and Development Servicing Bylaw.
.3 All works, including landscaping, required by the Ministry of Transportation and
Transit under its jurisdiction shall be constructed to Ministry standard and
approved by the Ministry in the form of a Provincial Public Highway Permit.
.2
Where land in a zone cannot be used for the permitted uses set out in Permitted Uses for
that zone due to the unavailability or inadequacy of those municipal facilities and services
required by section 5.2.1, such land may be used for Agriculture.
5.3
PUBLIC USES
.1
The following uses may be located in any zone:
.1
Bus stop
.2
Civic plaza
.3
Community gardens
.4
Environmental conservation areas and activities
.5
Highway
.6
Mailbox
.7
Open space
.8
Public parks, public washrooms, playgrounds, and recreation areas
.9
Pump houses
.10
Temporary Events permitted by a District of Peachland Special Event Permit
Part 5 - General Regulations
A. Permitted Uses
District of Peachland Zoning Bylaw No. 2400, 2023 - Part 5 | Page 31
.11
Temporary use of a building as a polling station for government elections or referenda
provided that the time period does not exceed 60 consecutive days.
.12
Telecommunication (cell) towers, subject to the following conditions:
.1
All such towers shall comply with all setback regulations applicable to principal
buildings for the zone in which the tower is located;
.2
In the case of towers that are free-standing (affixed directly onto the ground,
rather than on a building) the height shall not exceed 12.0 m (39.4 ft); and
.3
In the case of towers that are erected upon a building, the combined height of
the building and the tower shall not exceed the maximum height applicable to
principal buildings for the zone in which the tower is located plus 3.0 m (9.8 ft),
provided that where there is no maximum height for buildings prescribed in the
zone, the combined height of the building and the tower shall not exceed 12.0 m
(39.4 ft).
.13
Temporary structures or buildings that are erected for the purpose of providing
temporary office space or shelter for construction or maintenance crews or storage of
materials for the erection or maintenance of any private or public utility, or building or
structure for which a required building permit has been obtained, provided such
structure or building is removed within thirty (30) days of completion of such utility,
building or structure.
.14
Utility poles and anchors
.15
Underground utility services
.16
Water pipelines, irrigation ditches, conduits and flumes
5.4
CARE FACILITIES
.1
Minor care facilities, which are provincially licensed and accommodate 8 children or less, are
permitted in any zone.
.2
Care facilities, which are provincially licensed and accommodate no more than 10 persons,
not more than 6 of whom are persons in care, are permitted in any zone.
.3
Lots located in the Agricultural Land Reserve (ALR) remain subject to the Agricultural Land
Commission Act and the ALR Use Regulation. Agricultural Land Commission approval for a
non-farm use is required for lots located within the ALR.
5.5
URBAN AGRICULTURE
.1 Urban agriculture is a permitted use in all zones, subject to the provisions of this bylaw.
5.6
UTILITIES AND SERVICES
.1
An electrical transformer station, sewage treatment plant, municipal utility or service
operation, recycling depot, water pumping station, reservoir or other utility structure or use
may be located on a lot in any zone provided that:
.1
Height and yard setback restrictions shall be those of the zone in which the use is to
be located.
.2
Landscaping at least 1.5 m (4.9 ft) in width shall be maintained on all lot boundaries.
Part 5 - General Regulations
A. Permitted Uses
District of Peachland Zoning Bylaw No. 2400, 2023 - Part 5 | Page 32
.3
For utility buildings and structures with no exterior storage of any kind within residential
zones, the minimum lot area for subdivision is 140 m2 (1507 ft2) and minimum lot width
is 7.6 m (24.9 ft) provided that any lot created under this section is charged with a
covenant in favour of the District under s. 219 of the Land Title Act restricting its use to
such public service or utility uses and prohibiting exterior storage on the lot.
.4
Lots located in the Agricultural Land Reserve (ALR) remain subject to the Agricultural
Land Commission Act and ALR Use Regulation. Agricultural Land Commission
approval for a non-farm use is required for lots located within the ALR.
Part 5 - General Regulations
B. Prohibited Uses
District of Peachland Zoning Bylaw No. 2400, 2023 - Part 5 | Page 33
B.
PROHIBITED USES
5.7
PROHIBITED VEHICLES AND EQUIPMENT
.1
Except as specifically permitted in this bylaw, a use located partially or totally in a tent, trailer,
motor home or recreational vehicle is prohibited.
.2
The exterior parking of the following is prohibited on a lot in any Residential zone:
.1
More than 1 unlicensed vehicle;
.2
More than 1 unlicensed trailer;
.3
More than 2 recreational vehicles; and
.4
In any case, the number of vehicles parked or stored outside shall not exceed five (5).
.3
Prohibited Vehicles and Equipment in Agricultural, Rural or Residential zones:
Except when loading, unloading or while temporarily parked while carrying out a business,
construction, or maintenance activity, the following vehicles are not permitted to be parked on
a lot in any residential zone or on lots less than 0.5 ha (1.24 ac) in an agricultural or rural
zone:
.1
Any commercial vehicle with a licensed gross vehicle weight (GVW) of more than 6000
kg (13,228 lbs);
.2
More than 2 commercial vehicles each with a GVW of less than 6000 kg (13,228 lbs);
.3
Recreational vehicles with a length greater than 12.2 m (40 ft); and
.4
Logging, industrial or construction vehicles or equipment.
.4
Notwithstanding s. 5.7.3 on lots greater than 0.5 ha (1.24 ac) in an agricultural or rural zone:
.1
One (1) vehicle over 6000 kg (13,228 lbs) GVW, which may be a truck, tractor, trailer
or semi-trailer as defined in the Commercial Transport Act, a dump truck or other
similar vehicle for transporting goods and materials, may be parked on a lot provided
that:
a.
The use of the vehicle is accessory to the permitted residential use of the lot;
b.
The vehicle is owned or operated by the owner or occupant of the lot; and
c.
The vehicle is not parked or loaded within the required building setbacks for
uses permitted in the zone.
.5
Storage of wrecked or unlicensed vehicles is not permitted in any zone unless specifically
provided for in that zone.
Part 5 - General Regulations
B. Prohibited Uses
District of Peachland Zoning Bylaw No. 2400, 2023 - Part 5 | Page 34
.6
Except for vehicles required for the operation of a business that is a permitted use, the
storage of wrecked or unlicensed vehicles are subject to the following conditions:
.1
Vehicles shall be completely enclosed within a building or screened from view inside a
walled or fenced area;
.2
Vehicles shall not be visible from outside the building or the walled or fenced area in
which the vehicles are stored; and
.3
The number of vehicles shall not exceed 5 at any time.
.7
Sections 5.7.5 and 5.7.6 do not apply to vehicles used for agricultural purposes.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 35
C.
GENERAL REGULATIONS
5.8
ACCESSORY USE BUILDINGS AND STRUCTURES IN ALL ZONES
.1
Accessory buildings and structures are permitted in all zones.
.2
An accessory use shall be carried on a smaller area of the lot than the principal use.
.3
No accessory building or structure shall be attached to a principal building or structure unless
it meets all requirements for the principal building or structure.
.4
A garage, carport, greenhouse, or similar structure attached to a principal building by a
breezeway shall be considered an accessory building for the purposes of this bylaw despite
the connection.
.5
No more than one breezeway shall be permitted on any lot to connect an accessory building
to a principal building.
.6
If a breezeway connection is proposed to connect an accessory building to a principal
building or structure, the breezeway must:
.1
be physically attached to both buildings;
.2
connect through a doorway opening into both buildings at each end that is not
restricted by intervening doors;
.3
be at least 1.8 m (6.0 ft) in width and no more than 9.0 m (29.5 ft) in length; and
.4
consist of a roof, with more than 60% of the total perimeter enclosed by walls, doors
and windows.
.7
An accessory building or structure shall not be used as a dwelling unless the accessory
building is a garden suite or a caretaker dwelling that complies with the regulations of this
bylaw.
.8
One bathroom with a toilet and sink is permitted in any accessory building, to a maximum
floor area of 3.0 m2 (32.2 ft2). Showers and bathtubs are not permitted in such bathrooms.
This provision shall not apply to an accessory building used as a pool house, garden suite, or
caretaker dwelling.
.9
Except for all non-habitable buildings under 10.0 m2 (106.7 ft2) in floor area, all buildings must
be affixed to permanent foundations.
.10
Shipping containers used for storage of any flammable or combustible liquids or combustible
materials and other long-term uses will be considered as permanent buildings and therefore
must meet the requirements of the BC Building Code, Fire Code, and all District bylaws.
.11
Maximum lot coverage of all cannabis related buildings and structures established and
operated under a micro cannabis cultivation licence and/or a micro cannabis production
licence is 560 m2 (6,028 ft2).
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 36
.12
For lots with direct access to water, a wharf or buoy placed in or on the water body shall be
considered an accessory structure and shall:
.1 only be permitted when associated with a principal dwelling unit; and
.2 be owned and maintained by the upland property owner.
5.9
AGRICULTURAL LAND RESERVE (ALR) SETBACK AND BUFFER REQUIREMENTS IN ADJACENT ZONES
.1
Principal buildings and structures shall be setback from the ALR boundary at the minimum
distances indicated and with buffer requirements as shown in Table 5.1:
Table 5.1 Setback and Buffer Requirements
Non-Farm Use
Setback
Buffer
Low Density Residential
15.0 m (49.2 ft)
None
Low Density Residential with Buffer
9.0 m (29.5 ft)
Level 1
Multiple-unit Residential (See: Figure 5.1)
First and second storey or portion of the
building below 6.0 m (19.7 ft) in height.
15.0 m (49.2 ft)
Level 2
Third storey or portion of the building above
6.0 m (19.7 ft) in height.
18.0 m (59.1 ft)
Level 2
Fourth storey or portion of the building above
9.0 m (29.5 ft) in height
21.0 m (68.9 ft)
Level 2
Non-residential Uses
15.0 m (49.2 ft)
Level 1
Figure 5.1 Multiple-Unit Residential/ALR Setback Requirements
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 37
.2
Level 1 Buffer Requirements
.1
When required, a Level 1 buffer shall be provided and maintained on the lot located in
the zone adjacent to the ALR in the following location(s):
.1
Along the lot line adjacent to the ALR boundary; or
.2
Along a lot line located across a road from the ALR boundary.
.2
A Level 1 buffer shall be at least 3.0 m (9.8 ft) wide and consist of all of the following:
.1
A solid screen at least 2.0 m (6.6 ft) high located along the lot line located
across from a road adjacent to land in the ALR;
.2
A continuous drought tolerant and non-invasive hedge with plants spaced at less
than 1.0 m (3.3 ft) on centre; and
.3
Trees at least 2.0 m (6.6 ft) high, with a trunk diameter of at least 5.0 cm (2.0 in)
measured 15.0 cm (6.0 in) above the ground, planted at less than 5.0 m (16.4 ft)
on centre with a minimum 2.0 m (6.6 ft) separation between the fence and the
row of trees.
Figure 5.2 - Level 1 Buffer requirements
.3
Level 2 Buffer Requirements
.1
A Level 2 buffer shall be provided and maintained on the lot located in the zone
adjacent to the ALR boundary or across a road from the ALR in the following
location(s):
.1
Along the lot line adjacent to the ALR boundary.
.2
Along a lot line located across a road from the ALR boundary.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 38
.2
A Level 2 buffer shall be at least 6.0 m (19.7 ft) wide and consist of all of the following:
.1
A solid screen at least 2.0 m (6.6 ft) high located along the lot line located
across from a road adjacent to land in the ALR;
.2
A continuous drought tolerant and non-invasive screening hedge with plants
spaced at less than 1.0 m (3.3 ft) on centre, located adjacent to the solid screen;
.3
Trees at least 2.0 m (6.6 ft) high, with a trunk diameter of at least 5.0 cm (2.0 in)
measured 15.0 cm (6.0 in) above the ground, planted at less than 5.0 m (16.4 ft)
on centre with a minimum 2.0 m (6.6 ft) separation between the fence and the
row of trees; and
.4
Additional shrubs planted on the remainder of the buffer.
Figure 5.3 - Level 2 Buffer Requirements
5.10 AMENITY SPACE REQUIREMENTS
.1
Amenity space, which may be provided indoors or outdoors or some combination thereof,
where required by Part 7 or Part 8 of this bylaw, shall be comprised of a minimum area as
shown in the following table with at least one dimension measuring a minimum of 1.8 m (6.0
ft).
Care facility dwellings
5.0 m2
(53.8 ft2) / unit
Multiple-unit residential dwellings with less
than two bedrooms
10.0 m2
(107.6 ft2) / unit
Multiple-unit residential dwellings with two
bedrooms or more
15.0 m2
(161.4 ft2) / unit
Residential flex unit
5.0 m2
(53.8 ft2) / unit
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 39
.2
In addition to the minimum amenity space specified in s. 5.10.1 applicable care housing shall
also include the following at a minimum:
.1
100 m2 (1,076.4 ft2) of seating area for common dining facilities; and
.2
160 m2 (1,722.2 ft2) of floor area for common community and assembly hall facilities.
.3
Where amenity space is required in the zone, it shall be maintained and operated as such,
excluding any other use and kept open for use by residents at all reasonable times.
.4
Indoor Amenity space shall be exclusive of any areas for maintenance, storage, or property
management offices.
.5
In the RM3 and RM4 zones, at least 3.0 m2 (32.3 ft2) per dwelling unit of the required amenity
space shall be provided as outdoor amenity space. Amenities that do not require a building
permit may be located within the required setback area.
.6
Any apartment building with 25 or more dwelling units must have at least 75 m2 (807.3 ft2) of
the required area configured indoors.
5.11 DENSITY MEASUREMENT
When development intensity is measured in:
.1
Lot coverage:
Density shall be determined by calculating the total ground level area of all principal and
accessory buildings and structures of any kind located on a lot, measured to the outside of
the foundations or footings, divided by the lot area and expressed as a percentage but
excluding the areas of the following:
.1
balconies located above the first storey that are cantilevered from a building without
footings or support extending to the ground;
.2
canopies and awnings;
.3
uncovered decks and patios that are not more than 0.6 m (2.0 ft) above grade; and
.4
uncovered swimming pools.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 40
Figure 5.4 Lot coverage example
.2
Floor Area Ratio (FAR):
Density shall be determined by the numerical value obtained when the net floor area on all
levels of all buildings and structures constructed on a lot is divided by the area of the lot.
Figure 5.5 Floor Area Ratio example
Lot Coverage Calculation
Floor Area Ratio Calculation
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 41
5.12 DENSITY, ALLOCATION FOR PUBLIC PARK
The area of a portion of a lot that is proposed to be dedicated to the District as public park or
transferred to the District for park purposes in connection with the development of land may be
included in the area of the lot for the purpose of calculating density in residential units per hectare,
the floor area permitted on the lot by a floor area ratio regulation, or the number of lots that may be
created by subdivision of the lot.
5.13 DRAINAGE
All developments shall be provided with the required drainage works in accordance with the
Subdivision and Development Servicing Bylaw.
5.14 FENCING
.1
Fence height is measured from the highest part of the fence to the point directly below where
the fence post intersects with grade or the retaining wall.
.2
Maximum fence height by zone:
Zone
Maximum Fence Height
Exceptions
Agriculture Zone
2.5 m (8.2 ft)
Open mesh or chain link
type fence may be a
maximum of 3.0 m (9.8 ft)
Commercial Zone
2.5 m (8.2 ft)
Open mesh or chain link
type fence may be a
maximum of 3.0 m (9.8 ft)
Industrial Zone
2.5 m (8.2 ft)
Open mesh or chain link
type fence may be a
maximum of 3.0 m (9.8 ft)
Residential Zone
Front and exterior side:
1.22 m (4.0 ft)
Rear and interior side:
2.0 m (6.6 ft)
See: s. 5.14.4
All Other Zones
2.0 m (6.6 ft)
As specified in a
Comprehensive
Development Zone
.3
Fences along park boundaries in residential and rural zones shall be provided and
maintained on the non-park lot along the boundary of the park to a maximum height of 1.22
m (4.0 ft);
.4
Notwithstanding s. 5.25Sight Triangle - Clear Vision Area), no fence, wall or similar structure
in any residential zone shall be constructed on a corner site at a street intersection, such that
any portion is more than 1.0 m (3.3 ft) above the established elevation of the centre point of
intersecting streets unless the fence is constructed so that at least 80% of the total area of
the fence is open, and in no case shall the height exceed 1.8 m (6.0 ft).
.5
The use of barbed wire or electrified fencing is limited to agricultural zones where the lot is at
least 0.4 ha (1.0 ac) in area.
.6
The use of barbed tape obstacle or razor wire as fencing material is prohibited in all zones.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 42
.7
Where a fence, wall, or similar structure is located on top of a retaining wall, the height of the
fence shall be no greater than 1.22 m (4.0 ft).
.8
Metal fences, in any zone, in any structural combination of wall or similar structure, shall not
feature fence pickets or finials that extend above the top horizontal rail creating a sharp edge.
5.15 FLOOD CONSTRUCTION REQUIREMENTS - FLOODPLAIN REGULATIONS
.1
Notwithstanding any other regulations of this bylaw, no building or any part thereof shall be
constructed, reconstructed, moved or extended, nor shall any mobile home or unit, modular
home or structure be located:
.1
Within 15.0 m (49.2 ft) of the natural boundary of any water course or standing body of
water; nor
.2
With the underside of the floor system or the top of any pad supporting any space or
room, including a mobile home, that is used for dwelling purposes, business, or the
storage of goods damageable by floodwaters, lower than 1.5 m (4.92 ft) above the
natural boundary of the watercourse or standing body of water.
.2
Notwithstanding the setback and elevation requirements of s. 5.15.1, no building, structure or
mobile home shall be located adjacent to Okanagan Lake with the underside of the floor
system or the top of any pad supporting any space or room, including a mobile home, that is
used for dwelling purposes, business, or the storage of goods damageable by floodwaters:
.1
Lower than 343.75 m Geodetic Survey of Canada (GSC) datum; nor
.2
Within 7.5 m (24.6 ft) of the natural boundary of Okanagan Lake.
.3
The levels specified in s. 5.15.1. and s. 5.15.2. shall not apply to the following uses, with the
exception that all main electrical switchgear for any of the uses shall be no lower than the
specified flood construction level:
.1
The portion of a building or structure used exclusively as a carport, garage or entrance
foyer;
.2
Agricultural buildings excluding dwelling uses and buildings for the keeping of animals;
and
.3
On-loading and off-loading facilities associated with water-oriented industry.
.4
Where landfill is used to achieve the required elevations set out in s. 5.15.1.2 and s. 5.15.2.1
above, no portion of the landfill slope shall be closer than the setback distances specified in
s. 5.15.1.1 and s. 5.15.2.2 from the natural boundary and the face of the landfill slope shall
be adequately protected against erosion from floodwaters.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 43
5.16 HEIGHT AND EXCEPTIONS TO HEIGHT REQUIREMENTS
.1
The following height exceptions apply to all principal and accessory structures regardless of
height limits set for individual zones in this bylaw:
.1
Chimneys may project up to 1.0 m (3.3 ft) above the peak of a gable or sloped roof, or
above a flat roof, if they occupy less than 1% of the lot area.
.2
Spires or similar structures that occupy not more than 1% of the building footprint area
may project to a height that is up to 50.0% more than the specified height limit in all
zones except residential.
.3
Antennae designed and used only to receive radio and television signals, and their
supporting structures, may project up to 1.0 m (3.3 ft) above the peak height of a gable
or sloped roof, or up to 1.8 m (5.9 ft) above the parapet of a flat roof on which they are
mounted.
.4
Mechanical appurtenances such as heating and cooling units screened from view from
a street, constituting not more than 10% of the total roof area of a building may project
up to 1.0 m (3.3 ft) above the parapet of a flat roof.
.5
Crop protection and support structures such as deer fencing, netting supports, trellises,
security protection for cannabis cultivation and cannabis production facilities required
under the federal and provincial legislation and regulation as amended from time to
time are excluded from height requirements.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 44
5.17 LANDSCAPING AND BUFFERS
.1
Landscaping and screening shall be provided and maintained in accordance with the
regulations detailed in the Minimum Landscaping and Screening Requirements Table 5.2 of
this bylaw. Where two or more standards apply, the more restrictive requirement shall prevail.
.2
Landscape features such as arbours, trellises, fish ponds and ornaments are exempt from
setback requirements, except where a landscape feature exceeds 2 m (6.6 ft) in height, in
which case it shall be located a minimum of 1.5 m (4.9 ft) from any lot line.
.3
In cases where the property is to be developed in phases, landscaping need only be provided
on that portion of the property to be developed in each phase. Landscaping shall be required
in each subsequent phase as that property is developed.
.4
Where landscaping is required every application for development shall include a landscaping
plan that illustrates:
.1
The location or proposed footprint of all buildings and structures on the property.
.2
Positioning of any vegetation to be retained.
.3
Proposed plant species including size, number, and locations.
.4
Method of irrigation.
.5
The location of all hard surfaced areas such as driveways, parking areas and
sidewalks, existing or proposed finished grades, and site lighting and fencing.
.5
All landscaping shall meet or exceed the BC Nursery Trades Association Standards and be
regularly maintained, including replacement of all specimens that do not survive
transplantation.
.6
Any area covered by landscaping shall be graded to meet the following:
.1
Maximum 1:3 slope (33%) for lawn areas.
.2
Maximum 1:2 slope (50%) for shrub or ground covers areas.
.3
Minimum 1:50 cross slope (2%) for any landscape area.
.4
All site grading will direct overland drainage along or away from any landscape buffer
to collection points on-site away from buildings.
.5
All areas in which the existing slope exceeds 30% are to be identified and all areas
developed and adjacent lands impacted by development with slopes greater than 30%
shall be rehabilitated using indigenous vegetation common to the site.
.7
All landscaping construction on-site must occur concurrently with erosion control measures to
prevent the pollution, degradation or siltation of natural areas and watercourses. This
includes the provision of temporary fencing prior to and during construction.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 45
.8
Where retention of native trees and ground cover is required or permitted, a letter from a
registered professional landscape architect or registered professional forester shall be
submitted, indicating the mitigation measures required during and after the construction to
ensure the health of the vegetation.
.9
Automatic irrigation systems shall be designed to ensure there is no spray or run-off onto
sidewalks, streets, or parking areas.
.10
On a corner lot abutting a street or lane intersection, no vegetation in any form shall be
planted so as to contravene s. 5.25Sight Triangle - Clear Vision Area) of this bylaw.
.11
Urban plazas are permitted as a substitute for a front yard or side yard landscape buffer
according to the following provisions:
.1
Urban plazas must be solely designed for pedestrian use and must be accessible to
the public from both the street and from the development;
.2
The minimum plaza street frontage (width) is 7.5 m (24.6 ft);
.3
The minimum plaza depth (building face to street edge) is 4.0 m (13.1 ft);
.4
A minimum of three trees, with a minimum 65 mm calliper and rootball of 900 mm,
shall be provided;
.5
Pedestrian and decorative lighting consistent with s. 5.18 (Lighting) must be provided.
.12
Notwithstanding the regulations contained in s. 5.9 the Agricultural Land Commission may
require greater landscaping and screening provisions as part of any application requiring their
direct approval.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 46
Table 5.2 Minimum Landscaping Requirements Table
Minimum Landscaping Requirements
Use
Landscape Requirements
and Location of Buffer
Dimensions of Landscape
Buffer
(a) All uses with the exception
of agricultural uses in all
zones
All those portions of the lot not
covered by buildings, structures
or paved areas shall be
landscaped including the
retention of mature trees
Along the developed sides of a
lot that abuts a street
Along lot lines abutting land
within the ALR
All developed portions of the lot
Minimum 1.5 m (4.9 ft) wide
landscape buffer shall be
provided within the lot
Buffer requirements contained in
s. 5.9 ALR Setback and Buffer
Requirements
(b) Parking and loading areas
and access driveways for
greenhouses and plant
nurseries
Along lot lines within 100 m (328
ft)
Level 2 Landscape Buffer or
minimum 6.0 m (19.6 ft) wide
landscape buffer, including a 1.8
m (5.9 ft) high opaque fence
(c) Kennels
Perimeter of any outdoor runs or
exercise areas
Level 2 Landscape Buffer or
minimum 6.0 m (19.6 ft) wide
landscape buffer, including a 1.8
m (5.9 ft) high opaque fence
(d) All uses within a commercial,
industrial, or institutional
zone abutting any residential
use
Along all lot lines separating the
developed portion of the lot from
any residential lot or lot zoned for
residential use
a. Minimum 1.5 m (4.9 ft) wide
landscape buffer at least 1.5
m (4.9 ft) high
b. A solid decorative fence at
least 1.5 m (4.9 ft) high
(e) All uses in institutional zones
Along all lot lines
Minimum 3.0 m (9.8ft) wide
landscape buffer which shall
include trees
(f) All off-street parking areas
within a commercial,
industrial, or institutional
zone
The entire perimeter of all off-
street parking except driveways
and accesses
a. Minimum 2.0 m (6.6 ft) wide
landscape buffer
b. Landscaped islands within
the parking areas shall be
provided so as to avoid
having more than 20 vehicle
parking spaces in a
continuous row
(g) All outdoor display, storage or
loading areas, garbage
containers and passive
recycling containers within a
multiple-unit residential,
commercial, industrial, or
institutional zone
Perimeter of area to screen from
view of abutting residential lot
a. A screen at least 2.5 m (8.2
ft) high, whether by a
landscape buffer, a solid
decorative fence, a building
or a combination thereof
b. No display or storage of
material shall be piled to a
height greater than 2.5 m
(8.2 ft) within 5.0 m (16.4 ft)
of said screen and in no case
shall these materials be piled
up to a height of more than
3.5 m (11.5 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 47
Minimum Landscaping Requirements
Use
Landscape Requirements
and Location of Buffer
Dimensions of Landscape
Buffer
(h) Parking or storage of
recreational vehicles in any
urban or multi-unit residential
zone
Between the recreational vehicle
and the view from any lot line,
except any portion of the site
used for access
Minimum 1.5 m (4.9 ft) wide
landscape buffer or a 1.8 m (5.9
ft) high fence
(i) Autobody repair shops,
wrecking yards, and outdoor
storage facilities
Surrounding outdoor storage
and/or dismantling facilities
Minimum 2.4 m (7.8 ft) high
landscape buffer or fence
(j) Cannabis cultivation (micro or
standard) and cannabis
production (micro or
standard)
a. Minimum 1.5 m (4.9 ft.) wide
landscape buffer at least 2.4
m (7.8 ft.) high; or
b. A solid decorative fence at
least 2.4 m (7.8 ft.) high
.13
The following regulations apply to the installation of new shrubs, trees, and landscaping
materials on residential and commercial lots for the area within 10 metres of a building or
structure footprint:
.1 The following fire-prone coniferous plants must not be used in landscaping: Juniper,
Cedar, Yew.
.2 Fire-prone shrubs or other flammable landscape materials must not be located within 1.5
m of the outer edge of any building structure.
.3 Fire-prone shrubs must:
a) be planted with stems at least 3 m apart;
b) be planted with stems at least 5 m from the trunk of fire-prone trees;
c) be separated by fire-resistant shrubs (deciduous, succulent, herbaceous vegetation);
and
d) not be planted in continuous, linear, hedging.
.4 The minimum separation between stems of fire-prone shrubs may be reduced to 2 m
provided the shrubs:
a) do not typically grow over 5 m tall; and
b) they are planted with a minimum 7 m stem-to-building separation.
.5 Fire-prone trees:
a) must be spaced to ensure that trunks are a minimum of 6 m apart;
b) may be clumped with multiple fire-resistant deciduous trees but must not be clumped
with other fire-prone trees;
c) must be planted to allow a minimum 5 m separation from trunk to the outer edge of
any building structure.
.6 The following apply to green roofs:
a) grasses that will grow over 20 cm must not be used; and
b) Juniper, Cedar or Yew must not be used.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 48
.7 The following relaxations apply in multiple-unit residential developments provided
irrigation is installed for all fire-prone trees or shrubs:
a) fire-prone shrub stems may be spaced 2 m apart when separated by fire-resistant
shrubs (deciduous, succulent, herbaceous vegetation);
b) a maximum of one (1) fire-prone tree may be planted on each side of a building or
structure with a minimum trunk-to-building separation of 3 m, provided grasses that
grow over 20 cm and fire-prone shrubs are not located below the fire-prone tree. The
fire-prone tree may be clumped with fire-resistant deciduous trees.
.14
The following regulations apply to the maintenance of existing landscaping on residential and
commercial lots for the area within 10 m of a building or structure footprint:
.8 Lawns must be maintained so that grass does not exceed 20 cm in length.
.9 Fire-prone trees and fire-prone shrubs must be maintained to ensure a 1.5 m separation
between the outer trim of the plant and the outer edge of any building structure.
.10 Fire-prone trees and fire-prone shrubs growing under the eaves of buildings or structures
must be removed.
5.18 LIGHTING
.1
Any outdoor lighting for any development shall be located and arranged so that no light is
directed at any adjoining properties or interferes with the effectiveness of any traffic control
device.
5.19 MOBILE HOMES AS PRINCIPAL DWELLINGS
.1 A mobile home may be used as a principal dwelling in the permitted zones, provided that it
meets CAN/CSA Z-240 standards.
5.20 RETAINING WALLS
.1
The maximum permitted height of any individual retaining wall is 3.0 m (9.8 ft).
.2
Multiple tiered retaining walls separated by a horizontal distance of less than 2.0 m (6.6 ft),
measured from the outer face of each individual retaining wall, shall be considered a single
wall for the purpose of determining height.
.3
No retaining wall is permitted within 2.0 m (6.6 ft) of a lot line abutting a highway.
.4
Where a retaining wall is built downslope of a building or structure, and within 1.5 m (4.9 ft) of
the base of an exterior wall or structural support, the height of the retaining wall shall be
included in the measurement of height for the building or structure.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 49
5.21 REFUSE AND RECYCLING BINS
.1
In a Commercial, Industrial, Institutional and Multiple Unit Residential zone the following
provisions shall be met:
.1
Garbage storage, recycling and collection facilities shall be provided on the same site
as the development that generates the refuse.
.2
Containers shall be clearly labelled for source separation.
.3
All site refuse and recycling bins in zones other than agricultural zones, including all
other large receptacles used for the temporary storage of material, require opaque
screening from adjacent lots and streets.
.4
All screening shall be a minimum of 2 m (6.6 ft) in height to a maximum height that is
equivalent to the height of the refuse or recycling bin.
.5
All sides open to public view shall be screened by the additional planting of shrub and
groundcover material at least 1.5 m (4.9 ft) in height.
.6
An unobstructed access lane with a minimum width of 3 m (9.8 ft), and a minimum
vertical clearance of 4.6 m (14.8 ft), shall be provided for access to required garbage
and recycling rooms or enclosures.
5.22 SETBACKS
.1
The setback requirements of this bylaw shall not apply to strata lots except for bare land
strata lots and as otherwise specified.
.2
No portion of a setback area required by this bylaw, between a lot line and building, shall
provide any portion of amenity space required by this bylaw for any building or use on
another lot.
.3
Where more than one setback requirement may be applied, the greatest setback shall be
required.
.4
All uses and structures on lots abutting Highway 97 or 97C or any other arterial highways
shall be setback a minimum of 4.5 m (14.8 ft) from the lot line abutting the arterial highway.
The setback may be reduced to 3.0 m (9.8 ft) where access to the lot is through a municipal
highway.
.5
No building or structure other than the following shall be located in the setbacks required in
this bylaw:
.1
Fences, retaining walls, and utility poles.
.2
Netting supports for farm operations.
.3
Eaves and canopies may project horizontally into setback areas as follows:
i. 0.6 m (2.0 ft) into an interior side yard setback;
ii. 1.5 m (4.9 ft) into a front yard or exterior side yard setback;
iii. 2.0 m (6.6 ft) into a rear yard setback; and
iv. In no case shall a projection extend within 0.3 m (1.0 ft) of a lot line.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 50
.4
Gutters, cornices, chimneys, leaders, mechanical heating, cooling and ventilation
equipment may project horizontally into setbacks to a maximum of 0.6 m (2.0 ft).
.5
Unenclosed decks, balconies, porches or steps, bays with or without windows, ramps,
stairwells, and building features functionally similar to them, which do not comprise
more than 35% of the total area of an exterior wall, may project horizontally into
setback areas as follows and as shown in Figure 5.6:
i. 0.6 m (2.0 ft) into an interior side yard setback;
ii. 1.5 m (4.9 ft) into a front yard or exterior side yard setback;
iii. 2.0 m (6.6 ft) into a rear yard setback; and
iv. In no case shall a projection extend within 0.3 m (1.0 ft) of a lot line.
Note: For purposes of s. 5.22.5.5:
i.
The total area of an exterior wall is calculated based on the total area of the
wall generally parallel to the adjacent lot line, not including decks, trellises, or
other open structures.
ii.
For buildings or structures that are more than one storey, the area of the
projection shall be calculated per storey.
.6
Ramps providing an accessible route with a slope greater than 1:20 but no more than
a slope of 1:12 and constructed in accordance with the BC Building Code.
.7
Utilities, cisterns, storage tanks, underground parking and similar structures
constructed entirely beneath surface of the ground may project into the required
interior side or rear setbacks provided such underground projections are covered by
sufficient soil depth to accommodate landscaping and/or hard surfaces to
accommodate access needs and such projections do not extend past the property line.
Figure 5.6 Side yard setback projection calculation example
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 51
5.23 SETBACKS - RIPARIAN AREAS PROTECTION REGULATION (RAPR)
.1
If a lot contains a watercourse, the watercourse riparian area shall not be included in the area
of the lot for the purposes of calculating permitted lot coverage or units per hectare.
.2
If land is dedicated for environmental conservation or stewardship purposes, the regulations
in this bylaw dealing with lot coverage and the minimum lot area required for particular uses
are to be applied to the lot as if the land had not been dedicated.
.3
In all zones where riparian area setbacks are required along watercourses, as specified by
the Riparian Areas Protection Regulation (RAPR) pursuant to the Riparian Areas Protection
Act or the District of Peachland Official Community Plan, the specified setback distance shall
be measured from the top-of-bank, or from the natural boundary where the top-of bank is not
clearly defined. The specified setback distance shall be measured to the nearest part of the
building or structure including roofs, eaves, and any overhanging components or cantilevered
portions of a building.
.4
No development shall be permitted within a riparian area that does not conform to the
setbacks as prescribed by the Riparian Areas Protection Regulation (RAPR) pursuant to the
Riparian Areas Protection Act or the Peachland Official Community Plan without an
authorized development permit.
.5
When new lots are created abutting a watercourse where a riparian area setback is required,
the land within the riparian area may be used for calculating the lot area and for the
determination of permitted density and lot coverage.
.6
Riparian area setbacks from watercourses for buildings and facilities in farming areas apply
as follows:
.1
Despite lesser setback requirements outlined within each zone specified in this bylaw,
buildings and facilities identified below shall comply with the following minimum
setbacks to watercourses:
.2
The setbacks outlined in Table 5.3 do not apply to:
i.
Residential buildings on agricultural lands and buildings for non-farming
activities which shall be subject to the applicable RAPR; or
ii.
Activities and physical works not related to buildings or building construction
such as on-farm drainage and irrigation systems, utility works, farm roads,
removal or disruption of soil, cropping, and animal husbandry practices.
.3
The setbacks outlined in Table 5.3 do apply to:
i.
Construction of agricultural buildings and related ancillary services uses. Roads,
retention ponds, gas services, water supply services, electrical facilities,
machinery storage, building maintenance access, parking or other impervious
areas associated with buildings must be located outside the setback area.
ii.
On-farm composting and soil-less media production facilities, storage facilities
and confined livestock areas.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 52
Table 5.3 Riparian Protection Setbacks for Farm Buildings, Structures and Facilities
Building and Facilities Setbacks from Watercourses for Riparian Protection in Farming Areas
Type of Building or Facility
Watercourse
Type
Category 1
Category 2
Category 3
Category 4
- Confined
livestock area
with more than
ten (10)
agricultural
units4
- Seasonal
feeding area
- Solid
agricultural
waste (field
storage) with
greater than
two (2) weeks
storage
capacity
- Cannabis
cultivation and
processing
facilities (micro
and standard)
- Agricultural
waste storage
facility
- Chemical,
compost, wood
waste storage
- Confined
livestock area
with less than
ten (10)
agricultural
units
- Incinerator
- Mushroom barn
- On-farm soil-
less medium
production and
storage
- Silo
- Petroleum
storage
- Brooder house
- Hatchery
- Fur farming
shed
- Livestock barn
- Livestock
shelter
- Milking facility
- Stable
- Boiler room
- Cider processing
facility
- Cold frame
structure
- Crop storage
- Detention pond
- Direct farm
marketing
buildings
- Granary
- Greenhouse
- Impervious
surfaces
- Machine storage
buildings
- On-farm
processing
- On-farm product
preparation
- Retention pond
Natural Stream1
30 m (98.4 ft)
15 m (49.2 ft)
15 m (49.2 ft)
15 m (49.2 ft)
Channelized
Stream2
30 m (98.4 ft)
15 m (49.2 ft)
15 m (49.2 ft)
Twice channel
width5
Min. 10 m (32.8 ft)
Max. 15 m (49.2 ft)
Constructed
Channel or Ditch3
30 m (98.4 ft)
15 m (49.2 ft)
15 m (49.2ft)
5 m (16.4 ft)
General Notes:
Property safety and risk management concerns for specific situations may require larger
setbacks than specified in the table and will take precedence over the values noted in the table.
1
Natural Stream means a watercourse that has not been significantly altered by human activity and is predominantly in
its natural state as defined by the Water Act.
2
Channelized Stream means a stream that has been diked, diverted or straightened and carries drainage flows from
headwaters or significant sources of groundwater. Reaches of channelized streams may be confined by roads and
fences and in many cases, can also meander through fields. Man-made channels that divert irrigation water from a
stream but return overflow water back to a stream in a manner that allows fish access are classified as channelized
streams. No differentiation is made between either constructed channels or constructed ditches when determining
building setbacks; however, differences between the two exist for drainage maintenance considerations
3
Constructed Channel or Ditch means a waterway that carries drainage water from more than one property but does
not carry water from headwaters or significant sources of groundwater; may deliver water for irrigation.
4
An agricultural unit is equivalent to a live farm animal weight corresponding to 455 kilograms (1000 pounds) for
livestock, poultry or farmed game or any combination of them equalling 455 kilograms.
5
Channel width is determined from the top of the bank on one side to the top of the bank on the opposite side.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 53
5.24 SHIPPING CONTAINERS
.1
No person or business shall locate a shipping container on any lot in any zone except in
accordance with the following:
.2
General Use - All Zones
.1
Shipping containers shall not:
.1
Be used for fencing, screening or advertising;
.2
Be rented or leased as part of a commercial storage facility or be made readily
accessible to the public except for a business in the I1 Industrial Zone that
leases, rents or sells shipping containers for use elsewhere;
.3
Be used as dwelling unit(s), for habitable space or as an occupiable space
unless they have been converted in a factory for residential occupancy and
received CSA A277 certification. Reports, certifications, and engineering for
foundation systems are required;
.4
Be stacked vertically except in the I1 Industrial Zone, to a maximum of two (2)
containers high;
.5
Encroach into a right of way, easement, or landscape buffer; or
.6
Occupy the minimum required parking spaces, loading spaces, or landscaped
areas on any lot.
.2
Shipping containers shall be maintained in good functioning and aesthetic conditions
(e.g. no rust or dents).
.3
Temporary Use
.1
A shipping container on a construction site being developed on a stand-alone
basis or under a plan of subdivision is permitted only for the purposes of storing
equipment and materials incidental to construction subject to the following
restrictions:
.1
Must not impede or block construction, pedestrian, road and other related
traffic;
.2
Must not obstruct or interfere with other construction and service based
activities;
.3
Must be located on or immediately adjacent to the subject construction
site; and
.4
Shall be removed from the site within sixty (60) days of completing the
work or immediately if the construction work is determined to be
abandoned.
.2
Shipping containers may be used for emergency purposes on a lot in any zone
provided they are not located on any lot for more than ninety (90) days.
.3
In no case shall a shipping container create a sight line obstruction; or encroach
into a public sidewalk; or be located closer than 1.5 m from the back of curb in
situations where no sidewalk exists.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 54
.4
Long-term Use as an Accessory Structure
.1
A building permit is required for installation of a shipping container with an area
of 10 m2 (107.6 ft2) or larger, prior to placement on any lot in any zone.
.2
Shipping containers must:
.1
Be sited in accordance with the regulations for the siting of accessory
buildings and structures;
.2
Meet the requirements of all District of Peachland bylaws, including but
not limited to the Zoning Bylaw, Official Community Plan Bylaw and the
Fire and Life Safety and Smoke Regulatory Control Bylaw;
.3
Be setback a minimum of 30 m (98.5 ft) from the normal average or
maintained high water mark of any watercourse or lake; and
.4
Be anchored or placed on a permanent foundation.
.3
Use of a shipping container shall only be permitted as an accessory use to a
permitted use on a lot where a principal use exists.
.4
A shipping container shall only be used as a storage container; the limited use
does not permit a habitable use, home industry use, other accessory uses such
as but not limited to workshops, hobby shops, farm buildings or any activity,
occupation, or business.
.5
Shipping containers shall not be placed in the front yard or exterior side yard of
any lot and must be setback from the front of the dwelling or other structures on
the lot it is associated with.
Table 5.4 - Zone Specific Regulations for Shipping Containers
Property Type
Maximum Container Size
Temporary Use
Long-term Use
Use
Zones
Length
Width
Height
Maximum
Quantity
Maximum
Time
Maximum
Quantity
Finishing
DCCs
Payable
Agricultural
A1 and A2
12.2 m
(40 ft)
2.4 m
(8 ft)
2.6 m
(8.5 ft)
2 per lot
90 days
1 per 0.4 ha
(1 ac)
Maximum of 4
Clad or
Painted
No
Residential
R1
6.1 m
(20 ft)
2.4 m
(8 ft)
2.6 m
(8.5 ft)
2 per lot
30 days
1 per lot
Clad or
Enclosed
No
Rural
Residential
RR1 and
RR2
12.2 m
(40 ft)
2.4 m
(8 ft)
2.6 m
(8.5 ft)
2 per lot
60 days
1 per 0.4 ha
(1 ac)
Maximum of 2
Clad or
Painted
No
Multi-Unit
Residential
RM1,
RM2, RM3
and RM4
6.1 m
(20 ft)
2.4 m
(8 ft)
2.6 m
(8.5 ft)
1 per lot
30 days
Not permitted in these zones
Commercial
C2, C3,
C5 and C8
6.1 m
(20 ft)
2.4 m
(8 ft)
2.6 m
(8.5 ft)
2 per lot
60 days
1 per lot
Clad or
Enclosed
Yes
Service
Commercial
and
Industrial
C4 and I1
12.2 m
(40 ft)
2.4 m
(8 ft)
2.6 m
(8.5 ft)
2 per lot
90 days
1 per 0.4 ha
(1 ac)
Clad or
Painted
Yes
Public and
Institutional
P1 and P2
12.2 m
(40 ft)
2.4 m
(8 ft)
2.6 m
(8.5 ft)
2 per lot
90 days
1 per 0.4 ha
(1 ac)
Maximum of 2
Clad or
Painted
No
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 55
5.25 SIGHT TRIANGLE - CLEAR VISION AREA
.1
No person who owns or occupies land at the intersection of two (2) or more streets may
place or grow any tree, shrub, plant, fence or other structure within the sight triangle
illustrated in Figure 5.8 above an elevation such that an eye 1.0 m (3.3 ft) above the surface
elevation on one street within 6 m (19.6 ft) of the point of intersection cannot see an object
1.0 m (3.3 ft) above the surface elevation of the other street that is also within 6 m (19.6 ft) of
the point of intersection.
.2
Wire livestock fences which are 1.8 m (5.9 ft) or less in height in Agriculture and Rural Zones
are allowed within the sight triangles described in s. 5.25.1.
.3
Sight triangles at the intersection of arterial highways are subject to the jurisdiction of the
Ministry of Transportation and Transit.
Figure 5.8 Definition of the Sight Triangle
5.26 SOLAR DEVICES
Solar energy devices are permitted in any zone provided that:
.1
When attached to either a principal or accessory building or structure, the solar energy
device does not extend beyond the outermost edge of the building or structure or the highest
point of the roof or structure;
.2
When the solar energy device is a standalone structure, it shall not be sited within the front
yard and it shall meet the side and rear yard siting requirements for the principal building or
structure on the lot on which the solar device is located.
Sight Triangle: a and b >= 6.0 m (5.9 ft)
c < 1.0 m (3.2 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 56
5.27 SUBDIVISION
.1
For the purpose of this section, subdivision shall include lot consolidation.
.2
Panhandle lot dimensions:
.1
The maximum length of a panhandle is 40 m (131.2 ft);
.2
The minimum width of a panhandle is 6 m (19.7 ft); and
.3
The maximum width of a panhandle is 10 m (32.8 ft).
.4
For the purpose of determining lot width, the panhandle portion shall be disregarded.
The shortest lot line perpendicular to the panhandle and more or less parallel to the
abutting street shall be considered as the frontage for the purpose of determining the
lot width.
.5
The panhandle access strip shall not be calculated as part of the lot area for the
purpose of determining compliance with a minimum lot area regulation.
.3
Where as a result of dedication of land for road widening purposes, the yards and setbacks
of an existing building or structure are rendered non-conforming to the yard and setback
requirements of the zone, the yards and setbacks shall be deemed to be conforming to the
requirements of that zone.
.4
Unless otherwise specified in a zone under Part 8, the minimum lot area shall be considered
as the minimum average lot area for a bare land strata subdivision under the Strata Property
Act and regulations.
.5
Notwithstanding the provisions for lot areas in this bylaw, no new lots shall be created that
are less than 1.0 ha (2.5 ac) in area unless connected to a community sewer system.
.6
A subdivision adjacent to a Controlled Access Highway (i.e. Highway 97 or 97C) requires
Ministry of Transportation and Transit approval by the Designated Highways Official pursuant
to s. 80 of the Land Title Act.
5.28 SWIMMING POOLS
.1
Above-ground swimming pools and associated decks greater than 0.6 m (2.0 ft) in height
shall meet the siting requirements of accessory buildings and structures.
.2
Above-ground swimming pools greater than 0.6 m (2.0 ft) in height shall not be located in a
front or exterior side yard.
.3
At-grade swimming pools shall be located a minimum of:
.1
6.0 m (19.7 ft) from the front lot line.
.2
1.0 m (3.3 ft) from an interior side or rear lot line.
.3
1.5 m (4.9 ft) from an exterior lot line or rear lot line abutting a road right of way.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 57
.4
Fencing around swimming pools shall be in accordance with the current District of Peachland
Building Bylaw.
.5
Where a swimming pool is located in a front yard, access to the principal building is not
permitted through the fenced swimming pool area.
5.29 TEMPORARY FABRIC STRUCTURES
The installation of temporary fabric structures shall be permitted only in accordance with the
following regulations:
.1
Temporary fabric structures may be erected in accordance with requirements for setbacks for
accessory buildings for side and rear yards, but shall not be permitted within the front yard
setback required for principal buildings on any lot zoned to accommodate an accessory
building.
.2
Temporary fabric structures shall not exceed height restrictions for accessory buildings in
individual zones.
.3
A maximum of one temporary fabric structure is permitted per lot.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 58
D.
SPECIFIC USE REGULATIONS
5.30 AGRICULTURE, URBAN
.1
Urban agriculture use is limited to production activities that are not noxious or offensive to
adjacent properties or the general public. Activities that produce or emit hazards, odour, dust,
smoke, noise, effluent, light pollution, glare, or other emission are prohibited.
.2
Urban agriculture must comply with the following:
.1
Greenhouses are permitted to a maximum of 30 m2 (322.9 ft2) in total floor area;
.2
Greenhouses or accessory structures associated with urban agriculture must conform
to the applicable zoning requirements for accessory buildings or structures for the
relevant zone. A greenhouse is not included in the calculation of lot coverage for
accessory buildings or structures;
.3
Greenhouses, accessory buildings or accessory structures cannot be heated using
wood heat source (i.e. wood stove);
.4
Height of greenhouses, accessory buildings or structures, and agricultural structures
for food production purposes must not exceed 3.5 m (11.5 ft); and
.5
Greenhouses, accessory buildings or accessory structures used for commercial food
production must maintain a minimum Level 1 landscaping buffer for all affected lot
lines.
.2
Where food is produced for the purpose of commercial sale, trade, or distribution offsite, or
where no single detached dwelling exists on the parcel, urban agriculture must also comply
with the following:
.1
Pedestrian or vehicular traffic or parking must not exceed that which is generally
characteristic of the neighbourhoods within which it is located;
.2
Secondary processing of food products produced on site is prohibited in all urban and
rural residential zones unless in conjunction with an authorised home-based business;
.3
No outdoor storage of related equipment and materials is permitted;
.4
Organic materials produced and composted on site must be composted in accordance
with best practices and must not produce odours, or must be transported to a
composting facility by an appropriate means such as the yard waste collection program
administrated by the Regional District of Central Okanagan.
5.31 APICULTURE
.1 Apiculture or the keeping of bees and/or beehives in the A1, A2, RR1 and RR2 zones is
subject to regulation by the Ministry of Agriculture and registration with the province of BC
through the Bee Act, and amendments thereto. On properties located within the ALR, the
beekeeper must follow normal farm practices. Outside of the ALR, beekeeping is limited as
follows:
.1
The minimum lot area for the use is 0.4 ha (1.0 ac).
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 59
.2
Two beehives are permitted for every 0.4 ha (1.0 ac) of lot area to a maximum of 20
beehives on each lot.
.3
Beehives and fencing structures to shelter the bee colonies shall be situated as
follows:
.1
Hives shall be positioned so that the entrance to the hive faces away from
dwellings on abutting lots and shall only be located to the rear of the principal
building on the lot.
.2
No hives shall be located within 7.5 m (24.6 ft) of a lot line unless located in
compliance with the following:
.1
2.5 m (8.2 ft) or greater above finished grade; or
.2
Behind a solid fence or hedge 1.8 m (5.9 ft) in height located parallel to an
adjacent lot line and extending a minimum of 6.0 m (19.6 ft) horizontally
behind the hive in either direction.
.3
Beekeepers shall ensure that the bees have sufficient water available on the
property upon which the apiary is located to provide for the apiary needs.
5.32 BED AND BREAKFAST
Where bed and breakfast is a permitted use, the following conditions shall apply:
.1
A bed and breakfast shall only be conducted within a principal dwelling unit.
.2
An occupant of the principal dwelling shall be the operator of the bed and breakfast.
.3
No more than 4 bedrooms shall be used for the bed and breakfast business operation.
.4
No more than 8 patrons, including boarders and lodgers shall be accommodated within one
dwelling unit.
.5
No bedroom shall include a kitchen.
.6
Parking of cars, trucks, recreational vehicles operated by the patrons shall be provided for
within the lot.
.7
No patrons shall stay within the same dwelling for more than 30 days in a 12-month period.
5.33 BREWERIES, DISTILLERIES, AND MEADERIES
Where the brewery, distillery, or meadery use is permitted, the following conditions shall apply:
.1
The public tasting and retail sale of alcoholic product is limited to that which is produced on-
site.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 60
.2
All processes, functions and mechanical equipment associated with the use must be
contained indoors and are limited to production activities that are not noxious or offensive to
adjacent properties or the general public.
.3
The total area for manufacturing shall be limited to a maximum of 275 m2 (2960 ft2).
5.34 CARETAKER DWELLING
A caretaker dwelling shall:
.1
Be fully separated from the commercial or industrial use by walls, partitions, or floors or be
located in a separate building.
.2
Have an entrance from the exterior of the building which is separate from the entrance to the
commercial, institutional or industrial use.
.3
Not exceed 25% of the total gross floor area of buildings on the lot.
.4
Not exceed 125 m2 (1345 ft2) in floor area.
5.35 GARDEN SUITE (SECONDARY DWELLING WITHIN A DETACHED ACCESSORY BUILDING)
The following regulations shall apply in zones where a garden suite is a permitted use:
.1
Only one (1) garden suite per principal dwelling unit is permitted on any lot. A lot in the A1
zone, is permitted both a secondary suite and garden suite only in accordance with the
Agricultural Land Commission Act.
.2
A building permit for a principal dwelling on a lot must be issued prior to the issuance of a
building permit for a garden suite on the same lot.
.3
A garden suite shall have a minimum floor area of 33 m2 (355 ft2) and a maximum floor area
of 110 m2 (1,184 ft2).
.4
The height regulations for accessory buildings shall apply to garden suites unless otherwise
specifically noted in a Zone.
.5
Notwithstanding s. 5.35.4, where a garden suite has direct street or lane access and the
secondary dwelling is to be located on the second storey above a one-storey garage, the
maximum height of the building may be increased to 6.0 m (19.6 ft) as long as the elevation
of the highest point of the garden suite does not exceed the highest point of the principal
dwelling.
.6
The setback requirements for accessory buildings in the zone in which the secondary
dwelling is located apply to the siting of garden suites, except that all garden suites shall be
setback a minimum of 3.0 m (9.8 ft) from a rear lot line.
.7
The distance between a principal dwelling and a garden suite in any zone shall be a
minimum of 3.0 m (9.8 ft).
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 61
.8
An unobstructed and lit pathway at least 1.5 m (4.9 ft) wide shall be provided between the
front lot line and the garden suite.
.9
Garden suites shall only be permitted on lots connected to the municipal water and sanitary
sewer system unless the lot is 1.0 ha (2.47 ac) or greater in area and an onsite sanitary
sewer system has been installed in accordance with the Sewerage System Regulation under
the Public Health Act.
.10
In addition to the off-street parking spaces required for the principal dwelling unit, one off-
street parking space is required for a garden suite. Where possible the additional parking
space shall abut and use an existing driveway for access to the street. At least one parking
space for the principal dwelling and one parking space for the garden suite shall be located
so as to provide direct vehicular access to the street without obstruction by a vehicle parked
in another parking space. Tandem parking is permitted for the second space required for the
principal dwelling.
.11
A home-based business shall only be permitted to operate in a garden suite if the home-
based business of the garden suite resident is a Type I (Minor Home Based Business).
.12
A garden suite located on a lot designated within the Agricultural Land Reserve (ALR) may
be in the form of a mobile home.
5.36 HOME BASED BUSINESSES
.1
Home Based Businesses are divided into the following categories:
.1
Type I (Minor Home Based Business)
.2
Type II (Major Home Based Business)
.3
Type III (Rural Home Based Business)
.2
All Home Based Businesses shall comply with the following:
.1
The home-based business shall be operated as an accessory use only and shall not
change the character or external appearance of the principal dwelling involved.
.2
There shall be no external storage or display of materials, equipment or finished
products.
.3
There shall be no mechanical or electrical equipment used that creates any external
noise or any interference with electronic equipment in adjacent buildings.
.4
Home-based businesses that discharge or emit odorous or noxious matters or
vapours, smoke, dust, heat, glare, radiation, or recurrently generated vibrations are not
permitted.
.5
There shall be no generation of vehicular traffic or parking of vehicles in excess of that
permitted for and customary to the zone in which the home-based business is located.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 62
.6
In addition to any other parking requirements of this bylaw, all parking relating to the
home-based business must be accommodated within the lot on which the use is
located.
.7
Any home-based business that represents a fire hazard by virtue of the manufacturing
process or materials storage shall be prohibited.
.3
Type I (Minor Home Based Businesses) are permitted in any zone permitting a residential
dwelling unit provided that:
.1
The use of the premises for a home-based business shall be confined to the incidental
use of a telephone or device for accessing the internet and records pertaining directly
to that business.
.2
No goods are to be displayed, stored, or sold on the premises.
.3
No alterations are made which change the character of the dwelling.
.4
The home-based business is conducted by a resident or residents of the dwelling unit
to which the home-based business is accessory.
.4
Type II (Major Home Based Businesses) are permitted in any zone permitting either a
single detached dwelling or a duplex.
.1
The home-based business shall be entirely enclosed within the dwelling unit or a
permitted accessory building.
.2
The home-based business shall not occupy more than 25% of the floor area of the
principal dwelling unit, and in no case shall the combined area of the principal dwelling
and the accessory building used to accommodate the home-based business exceed
50 m² (538 ft2).
.3
The home-based business shall be conducted by a resident or residents of the
dwelling unit to which the home-based business is accessory, and may employ a
maximum of one non-resident person.
.5
Type III (Rural Home Based Businesses) are permitted in the Agricultural and Rural
Residential Zones and shall comply with the following:
.1
A Type III home-based business is not permitted on a lot having an area less than 0.8
ha (2.0 ac).
.2
The home-based business shall be entirely enclosed within the dwelling unit or a
permitted accessory building.
.3
The area used to carry out the home-based business shall not exceed 100 m² (1076
ft2).
.4
The home-based business shall be conducted by a resident or residents of the
dwelling unit to which the home-based business is accessory, and may employ a
maximum of two non-resident persons.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 63
5.37 KEEPING OF ANIMALS
.1
The keeping of livestock, poultry, and rabbits on lands outside the Agricultural Land Reserve
(ALR) is subject to the following regulations:
.1
For every 0.4 ha (1.0 ac) of land the following number of animals is permitted on a lot:
i.
Two (2) livestock;
ii.
Six (6) sheep or goats;
iii.
Twelve (12) poultry, excluding roosters; and
iv.
Twenty (20) rabbits
.2
For lots smaller than 0.4 ha (1.0 ac) and located in a residential zone, a maximum of
six (6) chickens are permitted, provided that the buildings and structures for the
animals adhere to all accessory building and structure regulations.
.2
Buildings and structures to shelter the animals shall meet minimum setbacks to lot lines as
follows:
i.
Front yard is 30.0 m (100 ft)
ii.
Rear yard is 7.5 m (25 ft)
iii.
Interior side yard is 7.5 m (25 ft)
iv.
Exterior side yard is 30.0 m (100 ft)
5.38 RESIDENTIAL FLEX UNIT (SECONDARY DWELLING WITHIN A MULTI-UNIT RESIDENTIAL
DWELLING UNIT)
The following regulations shall apply in zones where a residential flex unit is a permitted use:
.1
A residential flex unit shall have a minimum gross floor area of 23.2 m2 (250 ft2) and a
maximum floor area of 37.2 m2 (400 ft2); and
.2
Consists of a defined area (the 'lock-off' room) for potential separate accommodation, where
the lock-off:
.1
Is not a strata lot;
.2
Includes living space that contains a kitchen, at least one closet, and a bathroom with
a toilet, sink, and bathtub or shower; and
.3
Has a separate lockable entrance door providing independent and direct access to the
exterior of the dwelling unit or public corridor.
5.39 SECONDARY SUITES (SECONDARY DWELLING WITHIN A PRINCIPAL DWELLING)
The following regulations shall apply in zones where a secondary suite is a permitted use:
.1
A secondary suite shall be entirely contained within a principal dwelling.
.2
A lot in the A1 zone is permitted both a secondary suite and garden suite only in accordance
with the Agricultural Land Commission Act.
.3
A secondary suite shall have a minimum floor area of 33 m2 (355 ft2) and a maximum floor
area of 110 m2 (1184 ft2) or 40% of the habitable floor space of the principal dwelling in which
the secondary dwelling is located, whichever is less.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 64
.4
A secondary suite is only permitted within single-detached or duplex dwellings. A maximum
of one secondary suite is permitted within each principal dwelling unit which is a single-
detached unit or one half of a duplex, pursuant to the BC Building Code and this Bylaw.
.5
All secondary suites shall be connected to the municipal water and sanitary sewer system
unless an onsite sanitary sewer system has been installed in accordance with the Sewerage
System Regulation under the Public Health Act. An owner may only construct a secondary
suite on a lot with on-site septic disposal if both the principal dwelling and the secondary suite
are connected to the same on-site septic disposal system, and the owner provides the
District with written confirmation from a Registered Onsite Wastewater Practitioner that the
existing sewage system has the septic disposal capacity in accordance with the Sewerage
System Regulation requirements for both dwellings.
.6
In addition to the off-street parking spaces required for the principal dwelling unit, one off-
street parking space is required for the secondary suite. Where possible the additional
parking space shall abut and use an existing driveway for access to the street. At least one
parking space for the principal dwelling and one parking space for the secondary suite shall
be located so as to provide direct vehicular access to the street without obstruction by a
vehicle parked in another parking space. Tandem parking is permitted for the second space
required for the principal dwelling.
.7
A home-based business shall only be permitted to operate in a secondary suite if the home-
based business is Type I (Minor Home Based Business).
5.40 CANNABIS
.1
Cannabis Cultivation, Farmed
.1
Farmed cannabis cultivation is subject to the following additional regulations:
a.
Farmed cannabis cultivation shall be setback a minimum of:
i.
30 m (98.4 ft) from all watercourses; and
ii.
15 m (49.2 ft) from any adjacent residential use with a landscape buffer or
30 m (98.4 ft) without a landscape buffer.
b.
Manufactured home(s), recreational vehicle pad(s), campsite(s), bed and
breakfast(s), agri-tourism accommodation(s) or any form of temporary or short-
term accommodation(s) are not permitted on sites that contain cannabis
cultivation as a farm use.
c.
No sites or buildings used for cannabis cultivation shall discharge or emit
odorous toxic or noxious matter or vapour, heat, glare or radiation, recurrently
generated ground vibration, noise in excess of ambient noise at the property
boundary, electrical interference or any other health or safety hazards.
d.
Maximum of one (1) cultivation licence (micro or standard) is permitted per lot.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 65
.2
Cannabis Cultivation, Micro
.1
Micro cannabis cultivation is subject to the following additional regulations:
a.
All buildings used for micro cannabis cultivation shall be setback a minimum of:
i.
30 m (98.4 ft) from all watercourses; and
ii.
30 m (98.4 ft) from any adjacent residential use with a landscape buffer or
60 m (196.9 ft) without a landscape buffer.
b.
Micro cannabis cultivation is not permitted on sites that contain manufactured
home(s), recreational vehicle pad(s), campsite(s), bed and breakfast(s), agri-
tourism accommodation(s) or any form of temporary or short-term
accommodation(s).
c.
No sites or buildings used for micro cannabis cultivation shall discharge or emit
odorous toxic or noxious matter or vapour, heat, glare or radiation, recurrently
generated ground vibration, noise in excess of ambient noise at the property
boundary, electrical interference or any other health or safety hazards.
.2
Minimum of 50 m (164 ft) radius buffer from the parcel line of any another use that is
frequented by minors including but not limited to a school, childcare, library,
recreational facility or activity centre.
.3
Maximum of one (1) cultivation licence (micro or standard) is permitted per lot.
.3
Cannabis Cultivation, Standard
.1
Standard cannabis cultivation facilities are subject to the following additional
regulations:
a.
All buildings used for standard cannabis cultivation shall be setback a minimum
of:
i.
30 m (98.4 ft) from all watercourses; and
ii.
50 m (164 ft) from any adjacent residential use with a landscape buffer or
100 m (328 ft) without a landscape buffer.
b.
Standard cannabis cultivation is not permitted on sites that contain
manufactured home(s), recreational vehicle pad(s), campsite(s), bed and
breakfast(s), agri-tourism accommodation(s) or any form of temporary or short-
term accommodation(s).
c.
No sites or buildings used for standard cannabis cultivation shall discharge or
emit odorous toxic or noxious matter or vapour, heat, glare or radiation,
recurrently generated ground vibration, noise in excess of ambient noise at the
property boundary, electrical interference or any other health or safety hazards.
.2
Buildings and structures used for standard cannabis cultivation must be connected to
municipal services.
.3
Minimum of 50 m (164 ft.) radius buffer from the parcel line of any another use that is
frequented by minors including but not limited to a school, childcare, library,
recreational facility or activity centre.
.4
Maximum of one (1) cultivation licence (micro or standard) is permitted per lot.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 66
.4
Cannabis Processing, Micro
.1
Micro cannabis processing is subject to the following additional regulations:
a.
All buildings used for micro cannabis cultivation shall be setback a minimum of:
i.
30 m (98.4 ft) from all watercourses; and
ii.
30 m (98.4 ft) from any adjacent residential use with a landscape buffer or
60 m (196.9 ft) without a landscape buffer.
b.
Micro cannabis processing is not permitted on sites that contain manufactured
home(s), recreational vehicle pad(s), campsite(s), bed and breakfast(s), agri-
tourism accommodation(s) or any form of temporary or short-term
accommodation(s).
c.
No sites or buildings used for micro cannabis processing shall discharge or emit
odorous toxic or noxious matter or vapour, heat, glare or radiation, recurrently
generated ground vibration, noise in excess of ambient noise at the property
boundary, electrical interference or any other health or safety hazards.
.2
Minimum of 50 m (164 ft) radius buffer from the parcel line of any another use that is
frequented by minors including but not limited to a school, childcare, library,
recreational facility or activity centre.
.3
Maximum of one (1) processing licence (micro or standard) is permitted per lot.
.5
Cannabis Processing, Standard
.1
Standard cannabis processing is subject to the following additional regulations:
a.
All buildings used for standard cannabis processing shall be setback a minimum
of:
i.
30 m (98.4 ft) from all watercourses; and
ii.
50 m (164 ft) from any adjacent residential use with a landscape buffer or
100 m (328 ft) without a landscape buffer.
b.
Standard cannabis processing is not permitted on sites that contain
manufactured home(s), recreational vehicle pad(s), campsite(s), bed and
breakfast(s), agri-tourism accommodation(s) or any form of temporary or short-
term accommodation(s).
c.
No sites or buildings used for standard cannabis processing shall discharge or
emit odorous toxic or noxious matter or vapour, heat, glare or radiation,
recurrently generated ground vibration, noise in excess of ambient noise at the
property boundary, electrical interference or any other health or safety hazards.
.2
Buildings and structures used for standard cannabis processing must be connected to
municipal services.
.3
Minimum of 50 m (164 ft) radius buffer from the parcel line of any another use that is
frequented by minors including but not limited to a school, childcare, library,
recreational facility or activity centre.
.4
Maximum of one (1) processing licence (micro or standard) is permitted per lot.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 67
.6
Cannabis Testing and Research
.1
Cannabis testing and research is subject to the following additional regulation:
a.
No sites or buildings used for cannabis testing or research shall discharge or
emit odorous toxic or noxious matter or vapour, heat, glare or radiation,
recurrently generated ground vibration, noise in excess of ambient noise at the
property boundary, electrical interference or any other health or safety hazards.
.7
Medicinal Cannabis Cultivation, Individual
.1
The cultivation of medicinal cannabis by an individual is a permitted accessory use in
all residential zones and agricultural zones subject to provincial and federal legislation
and regulation as amended from time to time.
.2
The cultivation of medicinal cannabis is subject to the following additional regulations:
a.
The authorized adult must ordinarily reside at the dwelling house as their
principal residence.
b.
The authorized adult is not growing cannabis plants at different dwelling houses
at the same time.
c.
Cannabis plant(s) must not be visible from a public place by an individual
unaided by any device other than a device to correct vision.
d.
No sites or buildings used for medicinal cannabis cultivation or production shall
discharge or emit odorous toxic or noxious matter or vapour, heat, glare or
radiation, recurrently generated ground vibration, noise in excess of ambient
noise at the property boundary, electrical interference or any other health or
safety hazards.
.8
Medicinal Cannabis Dispensary
.1
Medicinal Cannabis Dispensaries are subject to the following additional regulations:
a.
Must not abut another use that is frequented by minors including but not limited
to a school, childcare, library, recreational facility, or activity centre.
b.
Must not have a retail storefront or in-person sales. All sales must be shipped or
otherwise delivered.
.9
Non-Medicinal Cannabis Cultivation, Individual
.1
The cultivation of non-medicinal cannabis by an individual is a permitted accessory use
in all residential zones and agricultural zones subject to provincial and federal
legislation and regulation as amended from time to time.
.10
Non-Medicinal Cannabis Store
.1
Non-Medicinal Cannabis Stores are subject to the following additional regulations:
a.
A maximum of two (2) non-medicinal cannabis stores within the boundaries of
the District of Peachland.
b.
Must not abut another use that is frequented by minors including but not limited
to a school, childcare, library, recreational facility or activity centre.
c.
Minimum of 75 m (246 ft) radius buffer from the parcel line of any school.
District of Peachland Zoning Bylaw No. 2400 - Part 5 | Page 68
5.41 TEMPORARY FARM WORKER HOUSING
The following regulations shall apply in zones where temporary farm worker housing is a permitted
use:
.1 Temporary farm worker housing shall only be located on parcels or farm units where:
a. All or part of the parcel on which the temporary farm worker housing is located is
classified as a farm under the BC Assessment Act; and
b. The need for farm worker housing has been demonstrated through
documentation such as a contract with the federal government through a migrant
worker program such as the Seasonal Agricultural Worker Program or
Agricultural Stream Program, farm receipts, previous employment records,
and/or a farm plan prepared by a professional agrologist.
.2 The temporary farm worker housing shall only be located on the same parcel where the
agricultural use is taking place or located on a parcel within the same farm.
.3 If the temporary farm worker housing is vacant for two consecutive growing seasons, the
owner will remove, at their expense, any temporary structure(s) for temporary farm
worker housing, and remove or decommission any existing buildings that had been
repurposed for temporary farm worker housing purposes, by December 31 of the second
year of vacancy.
.4 Temporary farm worker housing shall be provided in the form of permanent buildings
such as cabins or bunk houses or semi-permanent buildings such as mobile homes.
.5 The gross floor area of temporary farm worker housing on a farm shall not exceed 700
m2 to accommodate a maximum of 20 temporary farm workers.
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 69
PART 6 - PARKING AND LOADING
6.1
LOCATION OF PARKING SPACES - ALL MODES
.1
Required parking and loading spaces shall be located on the same lot as the building they serve
in all residential zones.
.2
In all non-residential zones, with the exception of comprehensive development zones, required
parking spaces shall be located either:
.1
On the same lot as the building they serve, or
.2
On another lot within 200 m (656 ft) of the building site under a shared parking
arrangement, provided that:
.1
Such parking is a permitted use on the lot.
.2
A restrictive covenant is registered against the title of the parking lot in favour of the
District to ensure that the designated number of parking spaces are exclusively
reserved for the benefit of the premises requiring the parking for specified periods
of time under a shared parking arrangement; and that the area of the parking lot
used for those parking spaces is limited to parking uses.
.3
Annexed to the title of the premises requiring the parking spaces is an easement
over the parking lot permitting all persons wishing to park a vehicle in connection
with the use of those premises to enter on and use the parking lot for that purpose,
and a covenant in favour of the District prohibiting the use of the premises for the
use that requires the parking spaces unless the parking lot easement is in place.
6.2
PAY IN LIEU - AUTOMOBILE PARKING
Where a property is developed within 200 m (656 ft) of an off-street automobile parking area or
structure owned and operated by the District, a partial or total reduction of on-site parking
requirements may be permitted.
Where a property zoned for commercial use and located within the area between 1st Street and 8th
Street, Beach Avenue and Highway 97, and within 200 m (656 ft) of an off-street automobile
parking area or structure owned and operated by the District is developed, the owner may pay to
the District a sum of money equal to the number of required parking spaces not provided multiplied
by $56,000, to be deposited in the parking facilities reserve fund for disposition as directed by
Council. Cash-in-lieu is not permitted where compliance with Ministry of Transportation and Transit
standards is required.
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 70
6.3
AUTOMOBILE PARKING STANDARDS
Off-street automobile parking spaces must meet the minimum dimensions contained in Table 6.1.
The parking dimension factors included in Table 6.1 are illustrated in Figure 6.1.
Table 6.1 - Parking Space Dimensions
Types of
vehicle
Parking
angles in
degrees
Width (m)
of parking
space1 (W)
Length (m)
of parking
space 2 (D)
Minimum
manoeuvring
aisle width (m)
(A)
Vertical
clearance
(m)
Traffic
flow
Standard
90 o
2.7
5.5
7.5
2.1
one- or
two-way
traffic
Small Car3
2.5
5.5
2.1
Accessible
4.1
5.5
2.1
Standard
60o
2.7
6.2
5.5
2.1
one-way
traffic
Small Car3
2.5
6.2
2.1
Accessible
4.1
6.2
2.1
Standard
45o
2.7
5.8
4.0
2.1
one-way
traffic
Small Car3
2.5
5.8
2.1
Accessible
4.1
5.8
2.1
Standard
30o
2.7
5.5
4.0
2.1
one-way
traffic
Small Car3
2.5
5.1
2.1
Accessible
4.1
5.5
2.1
Standard
Parallel
2.7
7.0
3.8
2.1
one-way
traffic
Small Car3
2.5
6.7
2.1
Accessible
4.1
7.0
2.1
Standard
Parallel
2.7
7.0
6.0
2.1
two-way
traffic
Small Car3
2.5
6.7
2.1
Accessible
4.1
7.0
2.1
1.
For a parking space adjacent to a wall of a dead-end aisle in a parking facility provide an additional 0.3
m to ease vehicle manoeuvrability.
For a parking space adjacent to a wall that is part of a stairwell not adjacent to a dead end aisle or that
abut a fence or similar structure in a parking facility, increase the parking space width by 0.3 m to
provide sufficient space for vehicle door opening; and, a maximum 0.15 m encroachment of a structural
column into a parking space in a parking facility is allowed if the encroachment does not interfere with
the vehicle door opening actions.
2.
Except for parallel parking, where a parking area contains 10 or more parking spaces, the length of a
parking space may be reduced to minimum 5.5 m for a maximum 20% of the required parking spaces
regardless of the parking angle, provided that each parking space with the reduced length is clearly
identified with the words "small cars only".
3.
In a tandem parking arrangement where the second vehicle is parked outside a garage in the driveway
a minimum length of 6.0 m shall be provided for each parking space.
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 71
6.4
EXCEPTIONS
Exceptions to the off-street automobile parking standards are as follows:
.1
For parking within a single garage or double garage, or within a garage designed to
accommodate tandem parking, the width and length of the parking space, required in
accordance with the minimum standards, shall be measured from the inside of the finished
wall to the inside of the opposite finished wall of the garage, and the parking space, along its
entire width and length, shall be clear of any projections or encroachments by any building
elements.
.2
Where one or both sides of a parking space abut a wall or other barrier more than 0.15 m high,
an additional 0.3 m width shall be provided to each abutting parking space on the side(s)
adjacent to such a barrier to allow easier opening of car doors.
.3
Where angle parking spaces overlap a landscaped area, up to 0.4 m (1.3 ft) of vehicle overhang
into the landscaped area may be incorporated into the length measurement provided the curb
protecting the landscaped area is not more than 0.15 m (0.5 ft) high.
.4
All parking spaces shall have unobstructed vehicular access by means of a manoeuvring aisle
and be designed in single-loaded or double-loaded modules in accordance with the angled
parking arrangements in illustrated in Figure 6.1.
.5
Where an aisle provides access to parking spaces set at different angles on one or both sides
of the aisle, the widest required minimum manoeuvring aisle width shall be provided.
.6
Where angled parking is provided on one side of a two-way traffic aisle, the minimum
manoeuvring aisle width shall be 7.5 m (24.5 ft).
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 72
Figure 6.1 - Parking Angles
6.5
SURFACING
Off-street automobile parking and loading spaces shall be surfaced so that all precipitation events
are infiltrated into the underlying soil. Surfacing may include permeable parking surfaces.
Impervious asphaltic or concrete pavement may be used only if combined with infiltration
infrastructure that sufficiently offsets impervious areas, or is connected to a storm drainage system
so as to result in no net runoff from the site. The thickness and design of the infrastructure must be
determined by a professional engineer or professional landscape architect.
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 73
6.6
DESIGN AND LANDSCAPING
All off-street automobile parking areas containing three or more spaces in all zones except low
density residential and industrial shall provide:
.1
Clear delineation of individual parking spaces, loading spaces, manoeuvring aisles, entrances
and exits with markings, signs, or other physical means.
.2
Adequate curbs to retain vehicles within such permitted parking areas and to ensure that
required fences, walls, hedges, or landscaped areas, as well as any buildings and sidewalks will
be protected from encroachment by parked vehicles.
.3
A clearly delineated and separate location for any trash storage or collection area co-existing
with any parking or loading area such that collection vehicles can gain access without undue
interference with the operation of the parking and loading areas.
.4
If illuminated, lighting positioned in such a manner that light falling onto abutting properties is
minimized.
.5
A 1.5 m (4.9 ft) wide Landscaping Buffer containing grass, shrubs or trees around those
portions of the perimeter of the parking area adjacent to streets excluding the access and exit
points.
.6
Internal shade trees at a minimum ratio of one tree planted for every five parking spaces
supplied, ensuring that no parking place is more than 15 m (49 ft) from a tree.
.7
Landscape islands at each end of every parking row measuring at least 1.5 m by 5.5 m (4.9 ft
by 18.0 ft).
.8
Parking rows may not be longer than 20 parking spaces without the provision of landscape
islands.
6.7
PEDESTRIAN WALKWAYS
Any parking area provided for more than one commercial or mixed-use building on the same lot
shall:
.1
Have at least one pedestrian walkway, with a width of at least 2.0 m (6.6 ft), providing
pedestrian access connections between the parking area and buildings; and
.2
Have clearly marked and signed pedestrian crosswalks where they cross a driveway.
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 74
6.8
ACCESSIBLE AUTOMOBILE PARKING
Automobile parking spaces for persons with disabilities shall be:
.1
Clearly designated as such and appropriately signed on site.
.2
Located on a non-skid surface within 30 m (98.4 ft) of the main entrance of the building for
which the accessible parking space is required.
.3
Provided in accordance with Table 6.2:
Table 6.2 - Required Accessible Parking Spaces
6.9
VISITOR PARKING
Visitor parking in any zones permitting multiple unit residential buildings shall:
.1
Be located completely clear of travel lanes on internal roads.
.2
Provide a minimum of 20% of required visitor parking spaces at grade and accessible for visitor
use.
.3
Be designed such that any security gates located at the entry to the parking area are setback
sufficiently from the lot line to provide at least one (1) visitor parking space outside and adjacent
to the gates, to permit vehicle drivers to pull off the road to make enquiries at the gate.
.4
In no case be more than 100 m (330 ft) from the front door of any unit in a ground-oriented
multiple unit residential building or the main entry door of a multiple unit residential building.
.5
Be visible upon entry to the lot or be clearly signed with directions to them.
.6
Be clearly marked "Visitor Parking Only" by appropriate markings or signs located at the end of
the parking spaces.
Number of Required Accessible
Parking Spaces
Total Required Parking Spaces
One
10-50
One additional space
For each additional 50 parking spaces or part
thereof in excess of 50
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 75
6.10 OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS
.1
The number of off-street parking and loading spaces required for any class of building or use
are calculated in accordance with Table 6.3.
.2
In Table 6.3, Column I classifies the types of buildings and uses and Columns II and III set out
the number of required off-street automobile parking and loading spaces that are to be provided
for each class of building in Column I.
.3
For building and use classes not referred to in Column I of Table 6.3, the number of off-street
automobile parking and loading spaces, shall be calculated on the basis of the requirements for
the most similar class of building or use that is listed in Column I.
.4
For all commercial and institutional uses listed in Table 6.3 a minimum of 1 EV charging space
shall be provided for every 20 parking spaces required under Column II, or a portion thereof. For
uses with less than 20 parking spaces required at least 1 of the provided automobile parking
spaces shall be an EV charging space.
.5
Where calculation of the total number of parking or loading spaces yields a fractional number,
the number of spaces required shall be rounded to the nearest whole number.
.6
Where off-street parking facilities are provided when not required, the facility shall comply with
all the regulations of Part 6.
.7
If a parcel contains more than one use or provides collective parking spaces for more than one
use, the total number of required parking spaces shall be the sum of the requirement for each
use calculated separately.
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 76
Table 6.3 Automobile Parking and Loading
Column I
Class of Building or Use
Column II
Minimum Required Parking Spaces
Column III
Minimum Required
Loading Spaces
Agricultural and Rural
Agri-tourism
4 spaces per business
1 space per 1,500
m2 of gross floor
area
Brewery, Distillery, Meadery,
Winery or Cidery
1 space per 36 m2 of gross floor area used
for office, display, sales and tasting area
1 space
Farm Operation, Kennels and
Stables
1 space per 100 m2 of plant, warehouse or
facility gross floor area,
1 space
Farm Product Processing
2 spaces per 100 m2 of gross floor area
for any packaging, processing facility
1 space
Farm Retail Sales
2.5 spaces per 100 m2 of gross floor area for
any retail sales buildings, including produce
stands
1 space
Greenhouses and plant
nurseries
1 space per 500 m2 of gross floor area
1 space
Urban Agriculture, Community
Garden
2 spaces per 100 m2 gross area
1 space
Residential
Low Density Residential
a) 2 spaces per single detached dwelling unit
b) 2 spaces per duplex dwelling unit
c) 1 EV charging capable space per dwelling
unit
(Tandem parking is permitted for the second
space required for the principal dwelling)
0 spaces
Accessory Dwellings
a) 1 space per secondary suite
b) 1 space per garden suite
c) 0.5 space per flex unit
0 spaces
Multi-Unit Residential
a) 1 space per studio dwelling unit
b) 1.5 space for each dwelling unit having
one or more bedrooms
c) 0.5 space per flex unit
d) 0.2 visitor parking space for each dwelling
unit, plus 1 space per 30 m2 gross floor
area for any commercial use(s) within the
building
e) 1.0 EV charging capable stall per unit
1 passenger loading
space and 1 loading
space for buildings
with greater than 10
dwelling units
Multi-Unit Residential approved
by the BC Housing Commission
under the Non-Profit Housing
Program
a) 0.5 space per dwelling unit
b) 0.2 visitor parking space for each
dwelling unit
1 passenger loading
space and 1 loading
space for buildings
with greater than 10
dwelling units
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 77
Column I
Class of Building or Use
Column II
Minimum Required Parking Spaces
Column III
Minimum Required
Loading Spaces
Commercial
Assembly Use
1 space per 36 m2 of gross floor area
1 space
Automotive Services and Repair
3 spaces per service bay or 1 per 36 m2
gross floor area, whichever is larger
1 space
Bed and Breakfast, Boarding
and Lodging, Agri-Tourism
Accommodation
1 space for each sleeping unit in addition to
spaces required for the principal dwelling
0 spaces
Brewery, Cidery, Distillery,
Meadery, or Winery
1 space per 100 m2 of plant or warehouse
gross floor area, plus 1 space per 36 m2 of
gross floor area used for office, display, sales
or tasting area
1 space
Driving Range
1 space per golf driving tee
0 spaces
Eating Establishments,
Liquor Sales, Primary
a) 1 space per 36 m2 gross floor area, plus
b) A queuing area in advance of a drive-
through-pick-up window with a length
equal to that of at least 8 regular parking
spaces
1 space per 2,800
m2 gross floor area
to a maximum of 3
loading spaces
Entertainment Uses
1 space per 36 m2 of gross floor area
1 space
Gas Station
2.5 spaces per 100 m2 of gross floor area
0 spaces
Golf Course
5 spaces per hole, plus the parking space
requirement for all accessory and secondary
uses
1 space
Home Based Business - Type I
(Minor)
No spaces required
0 spaces
Home Based Business - Type II
(Major)
1 space
0 spaces
Home Based Business - Type
III (Rural)
1 space
0 spaces
Manufactured Home Park
1.5 spaces per dwelling unit, plus 1 visitor
space per every 5 dwelling units
0 spaces
Marina
1 space for every 2 boat mooring spaces
0 spaces
Office, Personal Service, Health
Services, High Tech Research
and Design
1 space per 36 m2 of gross floor area
1 space for buildings
greater than 300 m2
gross floor area
Recreational Facility (indoor)
1 space of every 50 m2 of gross floor area
1 space
Recreational Facility (outdoor)
2.5 spaces per 100 m2 gross area or 6 per
ha, whichever is greater
1 space
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 78
Column I
Class of Building or Use
Column II
Minimum Required Parking Spaces
Column III
Minimum Required
Loading Spaces
Commercial
Retail, Shopping Centre,
General Service, Recycling
Depot
a) Less than 400 m2 of gross floor area, = 1
parking space for each 36 m2
b) 400 m2 to 4,000 m2 of gross floor area = 1
parking space for every 33 m2
c) Greater than 4,000 m2 of gross floor area
= 1 parking space per 40 m2
1 space
Tourist Accommodation
a) 1 space per accommodation unit, plus
b) 1 space per 20 m2 of meeting room,
1 space per 2,800
m2 gross floor area
to a maximum of 3
loading spaces
Vacation Resort Residential
1 space per resort residential dwelling unit
plus 1 space per 20 m2 of meeting room
1 space per 2,800
m2 gross floor area
to a maximum of 3
loading spaces
Vehicle Rental
2 spaces per 100 m2 of gross floor area
1 per 1,500 m2 of
gross floor area
Industrial
Artisan Industrial, Light Impact
Industrial
1.5 space per 100 m2 gross floor area
1 space
Contractor Services
2.5 spaces per 100 m2 gross floor area
1 space
Crematorium
1 space for every 5 seats used for the
accommodation of the general public
assembled for services
1 space
Freight Terminal
0.5 spaces per 100 m2 gross floor area
1 per 1,500 m2 of
gross floor area
General Industrial
1.5 spaces per 100 m2 gross floor area
1 per 1,500 m2 of
gross floor area
Utility Service
1 space per 100 m2 gross floor area
1 per 1,500 m2 of
gross floor area
Warehouse Use
1 space per 100 m2 of plant or warehouse
gross floor area, plus 1 space per 36 m2 of
gross floor area used for office, display or
sales
1 space
Institutional
Art Gallery
2 spaces per 100 m2 gross floor area
Assembly Use
2.5 spaces per 100 m2 gross floor area
1 space
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 79
Column I
Class of Building or Use
Column II
Minimum Required Parking Spaces
Column III
Minimum Required
Loading Spaces
Institutional
Care Facility, Extended
0.5 space per sleeping unit
1 passenger loading
space per 10 beds
Care Facility: Minor
(Child or Adult Care)
1 space per 30m2 of gross floor area
2 passenger
loading spaces
Cemetery
1 per employee
0 spaces
Education Facility: Senior
Secondary and Post-secondary,
or Commercial School
a) 10 spaces for every classroom, plus
b) 1 space for every 10 m2 of floor area of
associated assembly hall/gymnasium
1.5 passenger
loading spaces per
100 students, plus 3
bus loading spaces
Education Facility: Elementary
a) 2 spaces for every classroom, plus
b) 1 space for every 10 m2 of floor area of
associated assembly hall/gymnasium
2 passenger loading
spaces per 100
students, plus 3 bus
loading spaces
Education Facility: Middle
School
a) 3 spaces for every classroom, plus
b) 1 space for every 10 m2 of floor area of
associated assembly hall/gymnasium
2 passenger loading
spaces per 100
students, plus 3 bus
loading spaces
Funeral establishment
6 spaces per 100 m2 of gross floor area for
chapel, plus 2.5 per 100 m2 of gross floor
area
1 space
Hospital
1 space per 100 m2 of gross floor area of all
floors in all buildings on a lot
1 space per 40 beds
Public Building or Facility
1 space per 36 m2 gross floor area
1 space
Cannabis Uses
Cannabis Cultivation (micro and
standard), Cannabis Processing
(micro and standard)
0.5 spaces per 100 m2 of gross floor area
1 space or 1 space
per 1,500 m2 of
gross floor area
whichever is greater
6.11 DIMENSIONS OF LOADING REQUIREMENTS
.1
Each off-street loading space shall be of adequate size and accessibility to accommodate the
vehicles expected to load and unload, but in no case shall a loading space be less than 28 m2 in
area, less than 3.0 m (9.8 ft) in width, or have less than 4.0 m (13.1 ft) in overhead clearance.
.2
Each required bus loading space shall be a minimum of 3.6 m (11.8 ft) in width, a minimum of
12.2 m (40 ft) in length, and have a minimum clearance of 4.6 m (15 ft).
Part 6 - Parking and Loading
District of Peachland Zoning Bylaw No. 2400 - Part 6 | Page 80
.3
Access to any loading area shall be provided, wherever possible, internally to the development
or from a lane abutting the development.
.4
Access to any loading area shall be arranged such that no backing or turning movement of
vehicles going to or from the site causes interference with traffic on the abutting streets or lanes.
6.12 OFF-STREET BICYCLE PARKING STANDARDS
Bicycle parking spaces where provided shall:
.1
Be a minimum of 0.6 m (2.0 ft), in width and a minimum of 1.8 m (5.9 ft) in length, have a
vertical clearance of at least 1.9 m (6.2 ft), and shall be situated on a hard surface.
.2
Aisles between parked bicycles should be a minimum of 1.2 m (3.9 ft) in width.
.3
Bicycle racks shall be constructed of theft resistant material, shall be securely anchored to the
floor, building, or ground, shall support the bicycle frame above the centre of gravity, and shall
enable the bicycle frame and front or rear wheel to be locked with a U-style lock.
.4
Short-term bicycle parking space shall be sited in a convenient, well-lit location that is clearly
visible and accessible by visitors and that is subject to casual surveillance by occupants of the
building(s) served.
.5
Long-term bicycle parking shall be located at building grade or within one storey of building
grade, and shall be easily accessible to users.
District of Peachland Zoning Bylaw No. 2400 | Page 81
PART 7 - ZONE-SPECIFIC REGULATIONS
Zone
Zone Abbreviation
Agricultural and Rural Zones
Agricultural (ALR)
A1
Rural (Non-ALR)
A2
Rural Residential 1
RR1
Rural Residential 2
RR2
Residential Zones
Low Density Residential
R1
Manufactured Home Park
RM1
Multi-Unit Infill Residential
RM2
Multi-Unit Residential - Low Density
RM3
Multi-Unit Residential - Medium Density
RM4
Mixed Use Zones
Mixed Use
CR1
Integrated Residential - Mixed Use
CR2
Beach Avenue Mixed Use
CR3
Commercial Zones
Core Commercial
C2
Convenience Commercial
C3
Service Commercial
C4
Resort Commercial
C5
Highway Commercial
C9
Industrial
Industrial
I1
Institutional
Parks and Open Space
P1
Public/Institutional
P2
Comprehensive Development Zones
South Glen Village (The Terraces)
CD1
DB Homes Ltd.
CD2
Ducharme
CD3
Gerrie
CD4
Island View Villas
CD5
Buchanan Rd. Cluster Residences
CD6
Ponderosa Community
CD7
Tabletop Mountain Resort
CD9
New Monaco Neighbourhood
CD10
Todd's Resort
CD11
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 82
A1 ZONE - Agricultural (ALR)
District of Peachland
A1
7.1
A1 ZONE - AGRICULTURAL (ALR)
Intent: To provide a zone for agriculture, dwellings, and compatible accessory uses on lots designated
Agricultural Land Reserve (ALR). All lots in the ALR are subject to the Agricultural Land
Commission Act, the Agricultural Land Reserve General Regulation and the Agricultural Land
Reserve Use Regulation as amended from time to time.
Uses Permitted
.1
The following uses and no others are permitted in the A1 Zone:
Principal Uses
.1 Agriculture
.2 Agriculture, Intensive
.3 Brewery, Distillery, or Meadery, and ancillary uses
.4 Cannabis Cultivation, Farmed
.5 Greenhouses and Plant Nurseries
.6 Single Detached Dwelling
.7 Winery or Cidery, and ancillary uses
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the A1 Zone:
.1 Agri-tourism
.2 Agri-tourism Accommodation
.3 Bed and Breakfast
.4 Cannabis Cultivation, Micro
.5 Cannabis Processing, Micro
.6 Cannabis Testing and Research
.7 Home Based Business, Type I, II or III
.8 Kennels and Stables, on lots 1.0 ha (2.5 ac) or more in size
.9 Farm Product Processing
.10 Farm Retail Sales provided that:
a. All of the farm product offered for sale is produced on the farm
on which the retail sales are taking place; or
b. At least 50% of the retail sales area is limited to the sale of farm
products produced on the farm on which the retail sales are
taking place and the total area, both indoors and outdoors, used
for the retail sales of all products does not exceed 300 m2
(3,229 ft2).
.11 Medicinal Cannabis Dispensary
.12 Secondary Suite
.13 Garden Suite
.14 Temporary Farm Worker Housing
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 83
A1 ZONE - Agricultural (ALR)
District of Peachland
A1
Lot Area
.3
Minimum Lot Area:
.1 On subdivision is 2.0 ha (4.9 ac).
.2
For the uses of Cannabis Cultivation, Micro and Cannabis
Processing, Micro is 2.0 ha (4.9 ac).
.3
Minimum lot size requirements do not apply to the use of Cannabis
Cultivation, Farmed.
Lot Dimensions
.4 The minimum lot dimensions on subdivision are:
Width
40.0 m (131.2 ft)
Depth
Not less than 10% of total lot perimeter
Density
.5
A maximum of one single detached dwelling unit or one mobile home or
one modular home is permitted per lot. In addition, one accessory
dwelling unit, either a secondary suite or a garden suite, is permitted per
lot.
Lot Coverage
.6
The maximum lot coverage is:
a.
10% for residential and accessory uses.
b.
35% for buildings and structures for farm use.
c.
75% for greenhouses.
The following farm structure are exempt from lot coverage restrictions:
a.
Permeable detention ponds.
b.
Support structures used for shading, frost and wind protection,
netting, or trellising.
Setback Requirements
Minimum setback requirements are as follows:
.7
Residential uses:
Front yard
7.5 m (24.6 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
4.5 m (14.8 ft)
Exterior side yard
7.5 m (24.6 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 84
A1 ZONE - Agricultural (ALR)
District of Peachland
A1
.8
Buildings and structures used for greenhouses, plant nurseries, or farm
product processing, including a brewery, cidery, distillery, meadery, or
winery:
Front yard
12.0 m (39.4 ft)
Rear yard
12.0 m (39.4 ft)
Interior side yard
12.0 m (39.4 ft)
Exterior side yard
12.0 m (39.4 ft)
Setback to any dwelling unit
12.0 m (39.4 ft)
.9
Buildings and structures used as a kennel, stable, or intensive
agriculture:
Front yard
30.0 m (98.4 ft)
Rear yard
30.0 m (98.4 ft)
Interior side yard
30.0 m (98.4 ft)
Exterior side yard
30.0 m (98.4 ft)
.10 Buildings and structures used for cannabis cultivation, cannabis
processing, medicinal cannabis dispensary, cannabis testing and
research, excluding the use of Cannabis Cultivation, Farmed:
With landscape buffer (see s. 5.17 Landscaping and Buffers):
Front yard
30.0 m (98.4 ft)
Rear yard
30.0 m (98.4 ft)
Interior side yard
30.0 m (98.4 ft)
Exterior side yard
30.0 m (98.4 ft)
Setback to any dwelling unit
15.0 m (49.2 ft)
Without landscape buffer:
Front yard
60.0 m (196.9 ft)
Rear yard
60.0 m (196.9 ft)
Interior side yard
60.0 m (196.9 ft)
Exterior side yard
60.0 m (196.9 ft)
Setback to any dwelling unit
15.0 m (49.2 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 85
A1 ZONE - Agricultural (ALR)
District of Peachland
A1
.11 Other accessory buildings and structures not mentioned in subsections
7 to 10 above:
Front yard
12.0 m (39.4 ft)
Rear yard
12.0 m (39.4 ft)
Interior side yard
12.0 m (39.4 ft)
Exterior side yard
12.0 m (39.4 ft)
Setback Exceptions
.12 Where the side or rear yard abuts a residential lot, any exhaust fans or
machinery used in buildings and structures containing livestock,
greenhouses, plant nurseries, brewery, cidery, distillery, meadery, or
winery shall be located at least 15.0 m (49.2 ft) from any lot line and
shall emit a noise no greater than 60 dB(a) at the perimeter lot line.
Height
.13 Maximum building heights are as follows:
Single detached dwellings and accessory
buildings
9.1 m (29.9 ft)
Greenhouses and plant nurseries, kennels,
brewery, cidery, distillery, meadery, winery,
cannabis cultivation, cannabis processing,
cannabis analytical testing or research facilities
15.0 m (49.2 ft)
Agricultural buildings, including stables
15.0 m (49.2 ft)
Other Regulations
.14 Agri-tourism uses are permitted on a farm if:
a. The lot is classified as a farm under the Assessment Act; and
b. It is temporary and seasonal and promotes or markets farm
products grown, raised, or processed on that farm.
.15 Agri-tourism accommodation is permitted on a farm if:
a. All or part of the parcel on which the accommodation is located is
classified as farm under the Assessment Act;
b. The accommodation is limited to 10 sleeping units in total of
seasonal campsites, seasonal cabins, or short-term use of
bedrooms including bed and breakfast operations; and
c. The total developed area for buildings, landscaping and access for
the accommodation is less than 5% of the total lot area.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 86
A1 ZONE - Agricultural (ALR)
District of Peachland
A1
.16 Brewery, cidery, distillery, meadery, winery and cannabis processing
uses are subject to the requirement that:
a. At least 50% of that farm product used to make the alcohol product
is grown on the farm on which the use is located; or
b. The farm on which the use is located is more than 2.0 ha in area
and at least 50% of the farm product used to make the alcohol
product is grown on the farm on which the use is located or
received from a farm operation located in British Columbia under a
contract having a term of at least three years.
.17 The minimum lot size regulations of the A1 Zone do not apply to the
subdivision of a lot in the ALR that has been approved by the
Agricultural Land Commission.
.18 Temporary farm worker housing is permitted on a farm in accordance
with s. 5.41
Temporary Farm Worker Housing.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 87
A2 ZONE - Rural (Non-ALR)
District of Peachland
A2
7.2
A2 ZONE - RURAL (NON-ALR)
Intent: To provide a zone for rural and agriculture uses outside of the Agricultural Land Reserve,
dwellings and compatible accessory uses on large lots of a minimum 2.0 ha (4.9 ac) in size.
Uses Permitted
.1 The following uses and no others are permitted in the A2 Zone:
Principal Uses
.1
Agriculture, excluding Agriculture, Intensive
.2
Brewery, Distillery, or Meadery, and ancillary uses
.3
Cannabis Cultivation, Micro
.4
Cannabis Processing, Micro
.5
Greenhouses and Plant Nurseries
.6
Single Detached Dwelling
.7
Winery or Cidery, and ancillary uses
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the A2 Zone:
.1
Agri-tourism
.2
Agri-tourism Accommodation
.3
Bed and Breakfast
.4
Cannabis Testing and Research
.5
Home Based Business, Type I, II or III
.6
Kennels and Stables
.7
Farm Product Processing
.8
Farm Retail Sales provided that:
a.
All of the farm product offered for sale is produced on the farm
on which the retail sales are taking place;
b.
The products are limited to food and horticultural projects,
excluding dressed fowl or poultry, butchered meat and
preserved food;
c.
The total floor area used for the retail sales of all products
does not exceed 100 m2 (1,076 ft2); and
d.
All products and related displays are contained within a
building.
.9
Medicinal Cannabis Dispensary
.10 One of either:
a.
Secondary suite; or
b.
Garden suite
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 88
A2 ZONE - Rural (Non-ALR)
District of Peachland
A2
Lot Area
.3
Minimum Lot Area:
.1
On subdivision is 2.0 ha (4.9 ac).
.2
For the uses of Cannabis Cultivation, Micro and Cannabis
Processing, Micro is 2.0 ha (4.9 ac).
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
40.0 m (131.2 ft)
Depth
Not less than 10% of total lot perimeter
Density
.5
A maximum of one single detached dwelling unit or one mobile home or
one modular home is permitted per lot. In addition, one accessory
dwelling unit, either a secondary suite or a garden suite, is permitted per
lot.
Lot Coverage
.6
The maximum lot coverage is:
a.
10% for residential and accessory uses.
b.
35% for buildings and structures for farm use.
c.
75% for greenhouses.
The following farm structure are exempt from lot coverage restrictions:
a.
Permeable detention ponds.
b.
Support structures used for shading, frost and wind protection,
netting, or trellising.
Setback Requirements
Minimum setback requirements are as follows:
.7
Residential buildings except a garden suite:
Front yard
7.5 m (24.6 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
4.5 m (14.8 ft)
Exterior side yard
7.5 m (24.6 ft)
.8
Garden suite:
Front yard
7.5 m (24.6 ft)
Rear yard
3.0 m (9.8 ft)
Interior side yard
1.5 m (4.9 ft)
Exterior side yard
7.5 m (24.6 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 89
A2 ZONE - Rural (Non-ALR)
District of Peachland
A2
.9
Buildings and structures used for farm product processing, including a
brewery, cidery, distillery, meadery, winery, greenhouses, or plant
nurseries:
Front yard
12.0 m (39.4 ft)
Rear yard
12.0 m (39.4 ft)
Interior side yard
12.0 m (39.4 ft)
Exterior side yard
12.0 m (39.4 ft)
Setback to any dwelling unit
15.0 m (49.2 ft)
.10 Buildings and structures used as a kennel or stable:
Front yard
30.0 m (98.4 ft)
Rear yard
30.0 m (98.4 ft)
Interior side yard
30.0 m (98.4 ft)
Exterior side yard
30.0 m (98.4 ft)
.11 Buildings and structures used to keep animals pursuant to s. 5.37
Keeping of Animals of this bylaw:
Front yard
30.0 m (98.4 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
7.5 m (24.6 ft)
Exterior side yard
30.0 m (98.4 ft)
.12 Buildings and structures used for cannabis cultivation, cannabis
processing, medicinal cannabis dispensary, cannabis testing and
research:
With landscape buffer (see s. 5.17 Landscaping and Buffers):
Front yard
30.0 m (98.4 ft)
Rear yard
30.0 m (98.4 ft)
Interior side yard
30.0 m (98.4 ft)
Exterior side yard
30.0 m (98.4 ft.)
Setback to any dwelling unit
15.0 m (49.2 ft)
Without landscape buffer:
Front yard
60.0 m (196.9 ft)
Rear yard
60.0 m (196.9 ft)
Interior side yard
60.0 m (196.9 ft)
Exterior side yard
60.0 m (196.9 ft)
Setback to any dwelling unit
15.0 m (49.2 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 90
A2 ZONE - Rural (Non-ALR)
District of Peachland
A2
.13 Other accessory buildings and structures not mentioned in subsections
7 to 12 above:
Front yard
7.5 m (24.6 ft)
Rear yard
1.5 m (4.9 ft)
Interior side yard
1.5 m (4.9 ft)
Exterior side yard
7.5 m (24.6 ft)
Setback Exceptions
.14 Where the side or rear yard abuts a residential lot, any exhaust fans or
machinery used in buildings and structures containing livestock,
greenhouses, plant nurseries, brewery, cidery, distillery, meadery or
winery shall be located at least 15.0 m (49.2 ft) from any lot line and
shall emit a noise no greater than 60 dB(a) at the perimeter lot line.
Height
.15 Maximum building heights are as follows:
Single detached dwellings and accessory
buildings
9.1 m (29.9 ft)
Greenhouses and plant nurseries, kennels,
brewery, cidery, distillery, meadery, winery,
cannabis cultivation, cannabis processing,
cannabis analytical testing or cannabis research
buildings
9.1 m (29.9 ft)
Agricultural buildings, including stables
12.0 m (39.4 ft)
Other Regulations
.16 Agri-tourism uses are permitted on a farm if:
a. The lot is classified as a farm under the Assessment Act; and
b. It is temporary and seasonal and promotes or markets farm products
grown, raised, or processed on that farm.
.17 Agri-tourism accommodation is permitted on a farm if:
a. All or part of the parcel on which the accommodation is located is
classified as farm under the Assessment Act;
b. The accommodation is limited to 10 sleeping units in total of
seasonal campsites, seasonal cabins or short-term use of bedrooms
including bed and breakfast operations; and
c. The total developed area for buildings, landscaping and access for
the accommodation is less than 5% of the total lot area.
.18 Brewery, cidery, distillery, meadery, winery, cannabis processing uses
are subject to the requirement that at least 50% of that farm product is
grown on the farm on which the use is located.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 91
RR1 ZONE - Rural Residential
District of Peachland
RR1
7.3
RR1 ZONE - RURAL RESIDENTIAL
Intent: To provide a zone for rural residential, agricultural, and compatible accessory uses on large lots
of a minimum 1.0 ha (2.5 ac) in size in areas of limited urban services and 0.4 ha (1.0 ac) when
municipal sanitary sewer becomes available.
Uses Permitted
.1
The following uses and no others are permitted in the RR1 Zone:
Principal Uses
.1 One Single Detached Dwelling
.2 Agriculture, excluding intensive agriculture on lots 1.0 ha (2.5 ac)
or less in size
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the RR1 Zone:
.1
Bed and Breakfast
.2
Home Based Business, Type I, II or III
.3
Farm Retail Sales on lots 1.0 ha (2.5 ac) or more in size provided
that:
a.
All of the farm product offered for sale is produced on the farm
on which the retail sales are taking place;
b.
The products are limited to food and horticultural projects,
excluding dressed fowl or poultry, butchered meat and
preserved food;
c.
The total floor area used for the retail sales of all products
does not exceed 100 m2 (1,076 ft2); and
d.
All products and related displays are contained within a
building.
.4
One of either:
a.
Secondary suite; or
b.
Garden suite
Lot Area
.3
The minimum lot area is:
With municipal sewer
0.4055 ha (1.0 ac)
Without municipal sewer
1.0 ha (2.5 ac)
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
30.0 m (98.4 ft)
Depth
50.0 m (164.0 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 92
RR1 ZONE - Rural Residential
District of Peachland
RR1
Density
.5
A maximum of one single detached dwelling unit is permitted per lot. In
addition, one accessory dwelling unit, either a secondary suite or a
garden suite, is permitted per lot.
Lot Coverage
.6
The maximum lot coverage is:
Lot Area
Maximum Coverage
0 to 0.2 ha (0.5 ac)
30%
> 0.2 ha (0.5 ac) to 0.4 ha (1.0 ac)
20%
> 0.4 ha (1.0 ac)
10%
Setback Requirements
Minimum setback requirements are as follows:
.7
Principal buildings:
Front yard
7.5 m (24.6 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
4.5 m (14.8 ft)
Exterior side yard
7.5 m (24.6 ft)
.8
Garden suite:
Front yard
7.5 m (24.6 ft)
Rear yard
3.0 m (9.8 ft)
Interior Side yard
1.5 m (4.9 ft)
Exterior Side yard
7.5 m (24.6 ft)
.9
Buildings and structures used to keep animals pursuant to s. 5.37
Keeping of Animals of this bylaw:
Front yard
30.0 m (98.4 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
7.5 m (24.6 ft)
Exterior side yard
30.0 m (98.4 ft)
.10 Accessory buildings and structures not mentioned above:
Front yard
7.5 m (24.6 ft)
Rear yard
1.5 m (4.9 ft)
Interior side yard
1.5 m (4.9 ft)
Exterior side yard
7.5 m (24.6 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 93
RR1 ZONE - Rural Residential
District of Peachland
RR1
Height
.11 Maximum building heights are as follows:
Single detached dwellings
9.1 m (29.9 ft)
Accessory buildings and structures
5.0 m (16.4 ft)
Agricultural buildings
12.0 m (39.3 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 94
RR2 ZONE - Country Residential
District of Peachland
RR2
7.4
RR2 ZONE - COUNTRY RESIDENTIAL
Intent: To provide a zone for rural residential and compatible accessory uses on large lots of a minimum
1.0 ha (2.5 ac) in size in areas of limited urban services and 0.2 ha (0.5 ac) when municipal
sanitary sewer is available.
Uses Permitted
.1
The following uses and no others are permitted in the RR2 Zone:
Principal Uses
.1 Agriculture, Urban
.2 One Single Detached Dwelling
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the RR2 Zone:
.1
Agriculture, excluding intensive agriculture on lots 1.0 ha (2.5 ac)
or less in size
.2 Bed and Breakfast
.3
Home Based Business, Type I (Minor) or II (Major)
.4
Farm Retail Sales on lots 1.0 ha (2.5 ac) or more in size provided
that:
a. All of the farm product offered for sale is produced on the farm
on which the retail sales are taking place;
b. The products are limited to food and horticultural projects,
excluding dressed fowl or poultry, butchered meat and
preserved food;
c. The total floor area used for the retail sales of all products
does not exceed 100 m2 (1,076 ft2); and
d. All products and related displays are contained within a
building.
.5 One of either:
a. Secondary suite; or
b. Garden suite
Lot Area
.3
The minimum lot area is:
With municipal sewer
0.2 ha (0.5 ac)
Without municipal sewer
1.0 ha (2.5 ac)
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
30.0 m (98.4 ft)
Depth
50.0 m (164.0 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 95
RR2 ZONE - Country Residential
District of Peachland
RR2
Density
.5
A maximum of one single detached dwelling unit is permitted per lot. In
addition, one accessory dwelling unit, either a secondary suite or a
garden suite, is permitted per lot.
Lot Coverage
.6
The maximum lot coverage is:
Lot Area
Maximum Coverage
0 to 0.2 ha (0.5 ac)
30%
> 0.2 ha (0.5 ac) to 0.4 ha (1.0 ac)
20%
> 0.4 ha (1.0 ac)
10%
Setback Requirements
Minimum setback requirements are as follows:
.7
Principal buildings:
Front yard
7.5 m (24.6 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
4.5 m (14.8 ft)
Exterior side yard
7.5 m (24.6 ft)
.8
Garden suite:
Front yard
7.5 m (24.6 ft)
Rear yard
3.0 m (9.8 ft)
Interior side yard
1.5 m (4.9 ft)
Exterior side yard
7.5 m (24.6 ft)
.9
Buildings and structures used to keep animals pursuant to s. 5.37
Keeping of Animals of this bylaw:
Front yard
30.0 m (98.4 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
7.5 m (24.6 ft)
Exterior side yard
30.0 m (98.4 ft)
.10 Accessory buildings and structures not mentioned above:
Front yard
7.5 m (24.6 ft)
Rear yard
1.5 m (4.9 ft)
Interior side yard
1.5 m (4.9 ft)
Exterior side yard
7.5 m (24.6 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 96
RR2 ZONE - Country Residential
District of Peachland
RR2
Height
.11 Maximum building heights are as follows:
Single detached dwellings
9.1 m (29.9 ft)
Accessory buildings and structures
5.0 m (16.4 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 97
R1 ZONE - Low Density Residential
District of Peachland
R1
7.5
R1 ZONE - LOW DENSITY RESIDENTIAL
Intent: To provide a zone for a range of ground-oriented housing and other compatible uses on both
serviced and unserved urban lots 700 m2 (0.17 ac) or larger in size.
Uses Permitted
.1
The following uses and no others are permitted in the R1 Zone:
Principal Uses
.1
Single Detached Dwelling
.2
Duplex Dwelling
.3
Townhouse, pursuant to the following:
a. The lot is serviced with both municipal water and sewer;
b. The Lot Area is at least 800 m2; and
c. The lot is a Through Lot or Corner Lot.
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the R1 Zone:
.1
Bed and Breakfast
.2
Home Based Business, Type I (Minor) or Type II (Major)
.3
Secondary Suite (only within single detached or duplex dwellings)
.4
Garden Suite (only on a lot with single detached or duplex)
Site-specific Uses,
Buildings and
Structures
.3
The following site-specific uses, buildings and structures are permitted:
.1 On Lot 2, DL 1183, ODYD, Plan 29212 (6140 Turner Avenue): one
Care Facility, Major for the purposes of the provision of childcare
services as indicated on Schedule 'A' of Zoning Amendment Bylaw
No. 2312, 2021.
.2 On Lot 1, District Lot 221, ODYD, Plan KAP84233 (6575 Renfrew
Road) and Lot 10, District Lot 221, ODYD, Plan KAP177 (6650
Renfrew Road): The total number of principal use dwelling units on
the lands (not including Residential Flex Units or Secondary
Dwelling Units) shall not exceed 71 as indicated in the Section 219
Covenant No. CB875522 registered on title.
.3 On Lot 1, District Lot 221, ODYD, Plan KAP84233 (6575 Renfrew
Road) and Lot 10, District Lot 221, ODYD, Plan KAP177 (6650
Renfrew Road): The minimum lot area for serviced lots is 500 m2.
Lot Area
.4
The minimum lot area is:
With municipal sewer
700 m2 (0.17 ac)
Without municipal sewer
1.0 ha (2.5 ac)
Lot Dimensions
.5
The minimum lot dimensions on subdivision are:
Width
15.0 m (49.2 ft)
Depth
30.0 m (98.5 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 98
R1 ZONE - Low Density Residential
District of Peachland
R1
Density
.6
The maximum density for a lot that is not serviced with both municipal
water and sewer is a total of two dwellings which may be comprised of
one (1) principal dwelling unit and one (1) secondary dwelling unit.
The maximum density for a lot that is serviced with both municipal water
and sewer is four (4) dwelling units inclusive of secondary dwelling
units.
Lot Coverage
.7
The maximum lot coverage for a parcel with one single detached
dwelling, including a secondary suite, is 40% and together with parking
areas and driveways lot coverage shall not exceed 55%.
.8
The maximum lot coverage for lots which are less than 1,000 m2 in area
and contain multiple principal dwelling units, is 50% and together with
parking areas and driveways lot coverage shall not exceed 65%.
The maximum lot coverage for lots which are 1,000 m2 and larger in
area and contain multiple principal dwelling units is 40% and together
with parking areas and driveways lot coverage shall not exceed 55%.
.9
The maximum size of an accessory building (other than a garden suite)
is 70 m2 (754 ft2).
.10 Maximum of two (2) accessory buildings (other than a garden suite) are
permitted per lot with a maximum gross floor area of:
a.
100 m2 (1,076 ft2) where the lot area exceeds 1.0 ha (2.5 ac); or
b.
75 m2 (807 ft2) where the lot area does not exceed 1.0 ha (2.5 ac).
Setback Requirements
The minimum setback requirements are as follows:
.11 Principal building (except Townhouses):
Front yard
6.0 m (19.7 ft)
Rear yard
4.5 m (14.8 ft)
Interior side yard
1.5 m (4.9 ft)
Exterior side yard
4.5 m (14.8 ft)
Minimum separation
between Principal Buildings
4.5 m (14.8 ft)
.12 Townhouses
Front yard
6.0 m (19.7 ft)
Rear yard
4.5 m (14.8 ft)
Interior side yard
2.0 m (6.6 ft)
Exterior side yard
4.5 m (14.8 ft)
Minimum separation
between Principal Buildings
4.5 m (14.8 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 99
R1 ZONE - Low Density Residential
District of Peachland
R1
.13 Accessory buildings and structures, except a garden suite:
Front yard
6.0 m (19.7 ft)
Rear yard
1.5 m (4.9 ft)
Interior side yard
1.5 m (4.9 ft)
Exterior side yard
4.5 m (14.8 ft)
.14 Garden suite:
Front yard
6.0 m (19.7 ft)
Rear yard
3.0 m (9.8 ft)
Interior side yard
1.5 m (4.9 ft)
Exterior side yard
4.5 m (14.8 ft)
Setback Exceptions
.15 A garage or portion of a building used as a garage shall be located so
that the garage door is setback a minimum of 6.0 m (19.7 ft), measured
perpendicular from the garage door to the property line or to any
physical obstruction.
Height
.16 Maximum building heights are as follows:
Single detached dwellings
9.1 m (29.9 ft)
Accessory buildings and structures
5.0 m (16.4 ft)
Other Regulations
.17 Where side-by-side duplex units or townhouses are subdivided under
the Land Title Act or Strata Property Act, each new lot must be serviced
with municipal water and sewer and contain:
1.
Not less than one half the minimum lot area specified in s. 7.5.4;
2.
Not less than one half the minimum lot width specified in s. 7.5.5;
and
3.
The interior side yard setbacks specified in s. 7.5.11 and s. 7.5.12
do not apply.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 100
RM1 ZONE - Manufactured Home Park
District of Peachland
RM1
7.8
RM1 ZONE - MANUFACTURED HOME PARK
Intent: To provide a zone for manufactured homes and compatible uses within a manufactured home
park. This zone shall be read in conjunction with the Manufactured Home Parks Bylaw.
Uses Permitted
.1
The following uses and no others are permitted in the RM1 Zone:
Principal Uses
.1
Manufactured Home
.2
Single Detached Dwelling for the manager or caretaker of the
manufactured home park
.3
Convenience Store
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the RM1 Zone:
.1
Home Based Business, Type I (Minor)
Lot Area
.3
The minimum lot area is 1.0 ha (2.5 ac).
Lot Dimensions
.4
The minimum manufactured home park lot dimensions on subdivision
are:
Width
50 m (164 ft)
Depth
50 m (164 ft)
Density
.5
Maximum of 25 manufactured homes per hectare (10 manufactured
homes per acre) and one single detached dwelling for the manager or
caretaker on each lot.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 101
RM2 ZONE - Multi-Unit Infill Residential
District of Peachland
RM2
7.9
RM2 ZONE - MULTI-UNIT INFILL RESIDENTIAL
Intent: To provide a zone for multiple-unit residential and compatible uses on serviced urban lots 800 m2
(0.2 ac) or larger in size.
Uses Permitted
.1
The following uses and no others are permitted in the RM2 Zone:
Principal Uses
.1
Single Detached Dwelling
.2
Duplex Dwelling
.3
Townhouse Dwelling
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the RM2 Zone:
.1
Bed and Breakfast
.2
Home Based Business, Type I (Minor) or Type II (Major)
.3
Secondary Suite (only in single detached or duplex dwellings)
.4
Garden Suite (only on a lot with single detached or duplex)
Site-specific Uses,
Buildings and
Structures
.3
The following site-specific uses, buildings and structures are permitted
.1 On Lot 1, District Lot 221, ODYD, Plan KAP84233 (6575 Renfrew
Road) and Lot 10, District Lot 221, ODYD, Plan KAP177 (6650
Renfrew Road): the total number of principal use dwelling units on
the lands (not including Residential Flex Units or Secondary
Dwelling Units) shall not exceed 71 as indicated in the Section 219
Covenant No. CB875522 registered on title.
Lot Area
.4
The minimum lot area is 800 m2 (0.2 ac).
Lot Dimensions
.5
The minimum lot dimensions on subdivision are:
Width
20.0 m (65.6 ft)
Depth
35.0 m (114.8 ft)
Density
.6
The maximum number of dwelling units shall be 4 (four) inclusive of
secondary dwelling units.
Lot Coverage
.7
The maximum lot coverage for a parcel with one single detached
dwelling, including a secondary suite, is 40% and together with parking
areas and driveways lot coverage shall not exceed 55%.
.8
The maximum lot coverage for lots which are less than 1,000 m2 in area
and contain multiple principal dwelling units the maximum lot coverage
is 55% and together with parking areas and driveways lot coverage
shall not exceed 70%.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 102
RM2 ZONE - Multi-Unit Infill Residential
District of Peachland
RM2
The maximum lot coverage for lots which are 1,000 m2 or greater in
area and contain multiple principal dwelling units is 45% and together
with parking areas and driveways lot coverage shall not exceed 60%.
Setback Requirements
Minimum setback requirements are as follows:
.9
Principal building:
Front yard
6.0 m (19.7 ft)
Rear yard
4.5 m (14.8 ft)
Interior side yard
2.0 m (6.6 ft)
Exterior side yard
3.0 m (9.8 ft)
Minimum separation
between Principal Buildings
4.5 m (14.8 ft)
.10 Accessory buildings and structures:
Front yard
6.0 m (19.7 ft)
Rear yard
3.0 m (9.8 ft)
Interior side yard
2.0 m (6.6 ft)
Exterior side yard
3.0 m (9.8 ft)
Setback Exception
.11 A garage or portion of a building used as a garage shall be located so
that the garage door is setback a minimum of 6.0 m (19.7 ft), measured
perpendicular from the garage door to the property line or to any
physical obstruction.
Height
.12 Maximum building heights are as follows:
Principal building
10.0 m (32.8 ft)
Accessory buildings and structures
5.0 m (16.4 ft)
Other Regulations
.13 Where a development has access to a rear lane, vehicular access to
the development is only permitted from the rear lane.
.14 Where side-by-side duplex units or townhouses are subdivided under
the Land Title Act or Strata Property Act, each new lot must contain:
1. Not less than one half the minimum lot area specified in s. 7.9.4;
2. Not less than one half the minimum lot width specified in s. 7.9.5;
and
3. The interior side yard setback specified in s. 7.9.9 does not apply.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 103
RM3 ZONE - Multi-Unit Residential - Low
Density and Cluster
District of Peachland
RM3
7.10 RM3 ZONE - MULTI-UNIT RESIDENTIAL - LOW DENSITY AND CLUSTER
Intent: To provide a zone for comprehensively-designed, ground-oriented, multiple-unit residential
buildings, related amenity spaces and compatible uses on serviced urban lots. [Low Density
Residential at approximately 25 units per gross hectare (10 units per acre)].
Uses Permitted
.1
The following uses and no others are permitted in the RM3 Zone:
Principal Uses
.1
Multiple-unit Residential Building
.2
Care Facility, Congregate
.3
Care Facility, Extended
.4
Care Facility, Major
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the RM3 Zone:
.1
Home Based Business, Type I (Minor)
.2
Residential Flex Unit
Lot Area
.3
The minimum lot area is:
Less than 30% slope
1,400 m2 (0.35 ac)
Greater than 30% slope
2,000 m2 (0.49 ac)
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
30.0 m (98.4 ft)
Depth
35.0 m (114.8 ft)
Density
.5
The maximum floor area ratio shall be 0.6 FAR.
Lot Coverage
.6
The maximum lot coverage is 45%. Lot coverage may be increased to
50% if permeable parking surfaces are provided.
Setback Requirements
.7
Minimum setback requirements are as follows for all buildings and
structures:
Front yard
6.0 m (19.7 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
3.0 m (9.8 ft)
Exterior side yard
6.0 m (19.7 ft)
Height
.8
Maximum building heights are as follows:
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 104
RM3 ZONE - Multi-Unit Residential - Low
Density and Cluster
District of Peachland
RM3
Principal building
11.0 m (36.1 ft)
Accessory buildings and structures
4.5 m (14.8 ft)
Other Regulations
.9
Where a development has access to a rear lane, vehicular access to
the development is only permitted from the rear lane.
.10 Childcare centres shall be located on the lot such that the facility:
a.
Has pedestrian access from a street independent of the vehicular
access to the parking spaces serving the dwelling units; and
b.
Has direct access to an open space and play area on the subject
lot.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 105
RM4 ZONE - Multi-Unit Residential - Medium
Density
District of Peachland
RM4
7.11 RM4 ZONE - MULTI-UNIT RESIDENTIAL - MEDIUM DENSITY
Intent: To provide a zone for comprehensively-designed, medium-density, multiple-unit residential
buildings, related amenity spaces and compatible uses on serviced urban lots. [Medium Density
Residential at approximately 60 units per gross hectare (24 units per acre)].
Uses Permitted
.1
The following uses and no others are permitted in the RM4 Zone:
Principal Uses
.1
Multiple-unit Residential Building
.2
Care Facility, Congregate
.3
Care Facility, Extended
.4
Care Facility, Major
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the RM4 Zone:
.1
Home Based Business, Minor
.2
Residential Flex Unit
Lot Area
.3
The minimum lot area is:
Less than 30% slope
1,400 m2 (0.35 ac)
Greater than 30% slope
2,000 m2 (0.49 ac)
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
30.0 m (98.4 ft)
Depth
35.0 m (114.8 ft)
Density
.5
The maximum floor area ratio shall be 0.75 FAR.
Lot Coverage
.6
The maximum lot coverage by principal and accessory buildings is
50%; together with parking areas and driveways lot coverage shall not
exceed 60%. Lot coverage may be increased to 65% if permeable
parking surfaces are provided.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 106
RM4 ZONE - Multi-Unit Residential - Medium
Density
District of Peachland
RM4
Setback Requirements
.7
Minimum setback requirements are as follows for the first and second
storeys of all buildings and structures:
Front yard
4.5 m (14.8 ft)
Rear yard
6.0 m (19.7 ft)
Interior side yard
6.0 m (19.7 ft)
Exterior side yard
4.5 m (14.8 ft)
.8
Minimum requirements are as follows for the third or higher storeys of
all buildings and structures:
Front yard
4.5 m (14.8 ft)
Rear yard
6.0 m (19.7 ft)
Interior side yard
7.5 m (24.6 ft)
Exterior side yard
6.0 m (19.7 ft)
Height
.9
Maximum building heights are as follows:
Principal building
16.8 m (55.1 ft)
Accessory buildings and structures
4.5 m (14.8 ft)
Other Regulations
.10 Where a development has access to a rear lane, vehicular access to
the development is only permitted from the rear lane.
.11 Childcare centres shall be located on the lot such that the facility:
a.
Has pedestrian access from a street independent of the vehicular
access to the parking spaces serving the dwelling units; and
b.
Has direct access to an open space and play area on the subject
lot.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 107
CR1 ZONE - Mixed Use
District of Peachland
CR1
7.12 CR1 ZONE - MIXED USE
Intent: To provide a zone to accommodate mixed-commercial and medium-density residential use
buildings and related amenity spaces on serviced urban lots. For clarity, the zone is not intended
for properties with frontage on Beach Avenue.
Uses Permitted
.1
The following uses and no others are permitted in the CR1 Zone:
Principal Uses
.1
Artisan Industrial
.2
Assembly Use
.3
Cannabis Testing and Research (excluding ground floor units)
.4
Care Facility, Congregate
.5
Care Facility, Extended
.6
Care Facility, Major and Minor
.7
Commercial Public Piazza
.8
Community Service
.9
Convenience Store
.10 Eating Establishment, excluding drive-thru restaurants
.11 Education Facility
.12 Entertainment Use, excluding arcades and adult entertainment
.13 Exhibition and Convention Facility
.14 Financial Institution, excluding drive-thru banks
.15 Health Services
.16 High Technology Research and Product Design
.17 Hospital
.18 Office
.19 Medicinal Cannabis Dispensary (excluding ground floor units)
.20 Multiple-unit Residential Building
.21 Parking Facility
.22 Personal Service
.23 Public Building or Facility
.24 Non-medicinal Cannabis Store
.25 Recreational Facility
.26 Retail Store, excluding adult entertainment
.27 Theatre
.28 Tourist Accommodation
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the CR1 Zone:
.1
Agriculture, Urban
.2
Home Based Business, Type (Minor)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 108
CR1 ZONE - Mixed Use
District of Peachland
CR1
Lot Area
.3
The minimum lot area is 1,000 m2 (0.25 ac).
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
15.0 m (49.2 ft)
Depth
30.0 m (98.4 ft)
Density
.5
The maximum floor area ratio shall be 0.75 FAR.
.6
Notwithstanding Section 7.12.5, pursuant to Section 482 of the Local
Government Act, the maximum floor area ratio may be increased to 3.0
FAR if the owner of the land proposed to be developed pays to the
District prior to the time of building permit issuance $1,877 per
additional unit [beyond the number of units that would be permitted
under the base density] as a Community Amenity Contribution.
.7
Notwithstanding Section 7.12.6 the maximum floor area ratio may be
increased to 3.0 FAR for a housing development approved and funded
by the BC Housing Commission under the Non-profit Housing Program.
Minimum Unit Size
.8
The minimum net floor area for each dwelling is 35 m2 (377 ft2).
Lot Coverage
.9
The maximum lot coverage is 100%.
Setback Requirements
.10 Minimum setback requirements are as follows for the first and second
storeys of all buildings and structures:
Front yard
0.0 m
Rear yard (no lane)
0.0 m
Interior side yard
0.0 m
Exterior side yard
0.0 m
.11 Minimum setback requirements are as follows for all storeys above the
second storey:
Front yard
3.0 m (9.8 ft)
Rear yard
4.5 m (14.8 ft)
Interior side yard
4.5 m (14.8 ft)
Exterior side yard
4.5 m (14.8 ft)
Setback Exceptions
.12 For portions of a parking facility with lane access that do not project
more than 2.0 m (6.6 ft) above natural grade, the rear yard setback is
1.5 m (4.9 ft).
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 109
CR1 ZONE - Mixed Use
District of Peachland
CR1
.13 Where a lot line abuts a lower density residential use, a setback of 3.0
m (9.8 ft) is required.
Height
.14 Maximum building heights are as follows:
Principal building
20 m (65.6 ft)
Accessory buildings and structures
4.5 m (14.8 ft)
Other Regulations
.15 All development in the CR1 zone must provide an active commercial or
residential use at-grade along all street frontages.
.16 All development fronting Beach Avenue or 13th Street must provide a
functional commercial or non-residential use on the first floor, which
must occupy a minimum of 80% of the street frontage.
.17 Residential uses shall have a separate entrance from the exterior of the
building and shall not share a common hallway with commercial uses.
.18 Where a development has access to a rear lane, vehicular access to
the development is only permitted from the rear lane.
.19 Parking structures must be screened from view from the street.
.20 Childcare centres shall be located on the lot such that the facility:
a. Has pedestrian access from a street independent of the vehicular
access to the parking spaces serving the dwelling units; and
b. Has direct access to an open space and play area on the subject lot.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 110
CR2 ZONE - Integrated Residential - Mixed
Use
District of Peachland
CR2
7.13 CR2 ZONE - INTEGRATED RESIDENTIAL - MIXED USE
Intent: To provide a zone to accommodate mixed commercial and medium density residential use
buildings and related amenity spaces on serviced urban lots. For clarity, the zone is not intended
for properties with frontage on Beach Avenue.
Uses Permitted
.1
The following uses and no others are permitted in the CR2 Zone:
Principal Uses
.1
Care Facility, Congregate
.2
Care Facility, Extended
.3
Care Facility, Major and Minor
.4
Convenience Store
.5
Eating Establishment, excluding drive-thru restaurants
.6
Health Services
.7
Multiple-unit Residential Building
.8
Office
.9
Personal Service
.10
Retail Store, excluding adult entertainment
.11
Tourist Accommodation
Accessory Uses
.2 The following uses and no others are permitted as accessory uses in
the CR2 Zone:
.1
Agriculture, Urban
.2
Bed and Breakfast
.3
Home Based Business, Type I (Minor)
Lot Area
.3
The minimum lot area is 1,000 m2 (0.25 ac).
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
18.0 m (59.1 ft)
Depth
30.0 m (98.4 ft)
Density
.5
The maximum floor area ratio is 0.75 FAR.
Minimum Unit Size
.6
The minimum net floor area for each dwelling is 35 m2 (377 ft2).
Lot Coverage
.7
The maximum lot coverage is 50%. Lot coverage may be increased to
60% if permeable parking surfaces are provided.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 111
CR2 ZONE - Integrated Residential - Mixed
Use
District of Peachland
CR2
Setback Requirements
.8
Minimum setback requirements for the first and second storeys of all
buildings and structures:
Front yard
2.5 m (8.2 ft)
Rear yard
6.0 m (19.7 ft)
Interior Side yard
3.0 m (9.8 ft)
Exterior Side yard
4.5 m (14.8 ft)
.9
Minimum setback requirements for the third and higher storeys of all
buildings and structures:
Front yard
5.5 m (18.0 ft)
Rear yard
6.0 m (19.7 ft)
Interior Side yard
3.0 m (9.8 ft)
Exterior Side yard
4.5 m (14.8 ft)
.10 Minimum setback requirements the accessory buildings and structures:
Front yard
7.5 m (24.6 ft)
Rear yard (no lane)
6.0 m (19.7 ft)
Rear yard (dedicated lane)
1.5 m (4.9 ft)
Interior Side yard
1.5 m (4.9 ft)
Exterior Side yard
4.5 m (14.8 ft)
Height
.11 The maximum building height is 16.0 m (52.5 ft).
Principal building
16.0 m (52.5 ft)
Accessory buildings and structures
4.5 m (14.8 ft)
Other Regulations
.12 All development in the CR2 zone shall provide active commercial or
residential uses at-grade along all street frontages.
.13 Residential uses shall have a separate entrance from the exterior of the
building and shall not share a common hallway with commercial uses.
.14 Where access to a rear lane is available the only vehicle access
permitted is from the rear lane.
.15 Parking structures must be screened from view from the street.
.16 Care facilities for children shall be sited to ensure:
.1
Pedestrian access from a street independent of the vehicle access
to the parking spaces serving the dwelling units; and
.2
Direct access to an open space and play area on the subject lot.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 112
CR3 ZONE - Beach Avenue Mixed Use
District of Peachland
CR3
7.14 CR3 ZONE - BEACH AVENUE MIXED USE
Intent: To provide a zone to accommodate mixed commercial and residential use buildings and related
amenity spaces on serviced urban lots with frontage on Beach Avenue.
Uses Permitted
.1 The following uses and no others are permitted in the CR3 Zone:
Principal Uses
.1
Care Facility, Congregate (second and third storeys only)
.2
Care Facility, Extended (second and third storeys only)
.3
Care Facility, Major and Minor (second and third storeys only)
.4
Convenience Store
.5
Eating Establishment, excluding drive-thru restaurants
.6
Health Services
.7
Multiple-unit Residential Building
.8
Office (second and third storeys only)
.9
Personal Service
.10
Retail Store, excluding Adult Entertainment
.11
Tourist Accommodation
Accessory Uses
.2 The following uses and no others are permitted as accessory uses in the
CR3 Zone:
.1
Agriculture, Urban
.2
Bed and Breakfast
.3
Home Based Business, Type I (Minor)
Site-specific Uses,
Buildings and
Structures
.3 The following site-specific uses, buildings and structures are permitted:
.1
On Lot 17, District Lot 220, ODYD, Plan KAP10665 (4062 Beach
Avenue): A commercial use shall not be required and the principal
uses shall be restricted to Multiple-unit Residential Building.
Lot Area
.4
The minimum lot area is 1,000 m
2 (0.25 ac).
Lot Dimensions
.5
The minimum lot dimensions on subdivision are:
Width
18.0 m (59.1 ft)
Depth
30.0 m (98.4 ft)
Density
.6
The maximum floor area ratio is 0.75 FAR.
.7
Notwithstanding Section 7.14.6, pursuant to Section 482 of the
Local Government Act, the maximum floor area ratio may be
increased to 1.5 FAR if the owner of the land proposed to be
developed pays to the District prior to the time of building permit
issuance $1,877 per additional unit [beyond the number of units
that would be permitted under the base density] as a Community
Amenity Contribution.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 113
CR3 ZONE - Beach Avenue Mixed Use
District of Peachland
CR3
Minimum Unit Size
.8
The minimum net floor area for each dwelling unit is 65 m2 (700 ft2).
Lot Coverage
.9
The maximum lot coverage is 50%. Lot coverage may be increased
to 60% if permeable parking surfaces are provided.
Setback
Requirements
.10
Minimum setback requirements:
Front yard
4.5 m (14.8 ft)
Rear yard
6.0 m (19.7 ft)
Interior Side yard
3.0 m (9.8 ft)
Exterior Side yard
4.5 m (14.8 ft)
.11
Minimum setback requirements for accessory buildings and
structures:
Front yard
7.5 m (24.6 ft)
Rear yard (no lane)
6.0 m (19.7 ft)
Rear yard (dedicated lane)
1.5 m (4.9 ft)
Interior Side yard
1.5 m (4.9 ft)
Exterior Side yard
4.5 m (14.8 ft)
Height
.12
The maximum building height is:
Principal building
12.0 m (39.4 ft) to the highest point of the
building and to a maximum of three
storeys
Accessory buildings
and structures
4.5 m (14.8 ft)
Other Regulations
.13
All development in the CR3 Zone shall provide active commercial
uses at-grade along all street frontages.
.14
Residential uses shall have a separate entrance from the exterior of
the building and shall not share a common hallway with commercial
uses.
.15
Where access to a rear lane is available the only vehicle access
permitted is from the rear lane.
.16
Parking structures must be screened from view from the street.
.17
Care facilities for children shall be sited to ensure:
.1 Pedestrian access from a street independent of the vehicle
access to the parking spaces serving the dwelling units; and
.2 Direct access to an open space and play area on the subject
lot.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 114
C2 ZONE - Core Commercial
District of Peachland
C2
7.15 C2 ZONE - CORE COMMERCIAL
Intent: To provide a zone to accommodate comprehensively-designed commercial and mixed-use
buildings, related amenity spaces and compatible uses on serviced urban lots. [Core commercial,
including residential uses from 50 to 125 units per gross hectare (20 to 50 units per acre)].
Uses Permitted
.1 The following uses and no others are permitted in the C2 Zone:
Principal Uses
.1
Artisan Industrial
.2
Assembly Use
.3
Brewery, Distillery, or Meadery, and ancillary uses
.4
Cannabis Processing, Micro (excluding lots abutting Beach
Avenue)
.5
Cannabis Processing, Standard (excluding lots abutting Beach
Avenue)
.6
Care Facility, Congregate
.7
Care Facility, Extended
.8
Care Facility, Major and Minor
.9
Commercial Public Piazza
.10
Community Service
.11
Convenience Store
.12
Eating Establishment, excluding drive-thru restaurants
.13
Education Facility
.14
Entertainment Use, excluding arcades and adult entertainment
.15
Exhibition and Convention facility
.16
Financial Institution, excluding drive-thru banks
.17
Health Services
.18
High Technology Research and Product Design
.19
Hospital
.20
Liquor Sales, Primary
.21
Liquor Store
.22
Office
.23
Multiple-unit Residential Building
.24
Parking Facility
.25
Personal Service
.26
Public Building or Facility
.27
Non-Medicinal Cannabis Store
.28
Recreational Facility
.29
Retail Store, excluding Adult Entertainment
.30
Theatre
.31
Tourist Accommodation
.32
Winery or Cidery, and ancillary uses
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the C2 Zone:
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 115
C2 ZONE - Core Commercial
District of Peachland
C2
.1
Agriculture, Urban
.2
Cannabis Testing and Research
.3
Medicinal Cannabis Dispensary
.4
Temporary Market and Vendors
Lot Area
.3
The minimum lot area is 600 m2 (0.15 ac).
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
15.0 m (49.2 ft)
Depth
30.0 m (98.4 ft)
Density
.5
The maximum floor area ratio shall be 1.1 FAR provided that not more
than 67% of the developed floor area may be used for multiple-unit
residential or care facility.
.6
Notwithstanding s. 7.15.5, pursuant to s. 482 of the Local Government
Act, the maximum floor area ratio may be increased to 4.0 FAR if the
owner of the land proposed to be developed pays to the District prior to
the time of building permit issuance $1,877 per additional unit [beyond
the number of units that would be permitted under the base density] as
a community amenity contribution.
Lot Coverage
.7
Maximum lot coverage is 100%.
Setback Requirements
.8
Minimum setback requirements are as follows for the first and second
storeys of all buildings and structures:
Front yard
0.0 m
Rear yard (no lane)
0.0 m
Interior side yard
0.0 m
Exterior side yard
0.0 m
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 116
C2 ZONE - Core Commercial
District of Peachland
C2
.9
Minimum setback requirements are as follows for all storeys above the
second storey for all buildings and structures:
Front yard
3.0 m (9.8 ft)
Rear yard
4.5 m (14.8 ft)
Interior side yard
4.5 m (14.8 ft)
Exterior side yard
4.5 m (14.8 ft)
Setback Exceptions
.10 For portions of a parking facility with lane access that do not project
more than 2.0 m (6.6 ft) above natural grade, the rear yard setback is
1.5 m (4.9 ft).
.11 Where a lot line abuts a lower density residential use, a minimum
setback of 3.0 m (9.8 ft) is required.
Height
.12 Maximum building heights are as follows:
Principal building
16.8 m (55.1 ft)
Accessory buildings and structures
4.5 m (14.8 ft)
Other Regulations
.13 Dwellings shall be located above the second storey except along
exterior side lot lines where dwelling units may be located on the
ground floor or above the first storey.
.14 Residential uses shall have a separate entrance from the exterior of the
building and shall not share a common hallway with commercial uses.
.15 Office uses shall be located above the first storey.
.16 Where a development has access to a rear lane, vehicular access to
the development is only permitted from the rear lane.
.17 Childcare centres shall be located on the lot such that the facility:
a.
Has pedestrian access from a street independent of the vehicular
access to the parking spaces serving the dwelling units; and
b.
Has direct access to an open space and play area on the subject lot.
.18 All parking required to service development undertaken after adoption
of this bylaw must be provided within structural parking facilities.
.19 Parking structures must be screened from view from the street.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 117
C3 ZONE - Convenience Commercial
District of Peachland
C3
7.16 C3 ZONE - CONVENIENCE COMMERCIAL
Intent: To provide a zone for service commercial uses that include services for automobiles, commercial
vehicles, and other machinery.
Uses Permitted
.1
The following uses and no others shall be permitted in the C3 Zone:
Principal Uses
.1
Automotive body repair and painting
.2
Automotive and equipment repair
.3
Automotive service uses
.4
Cannabis processing, micro (excluding lots abutting Beach
Avenue)
.5
Cannabis processing, standard (excluding lots abutting Beach
Avenue)
.6
Contractor services
.7
Convenience store, maximum 140 m2 floor area
.8
Eating establishment
.9
Freight terminal
.10 Gas station
.11 General services
.12 Light impact industrial
.13 Parking facility
.14 Public building or facility
.15 Recycling depot
.16 Retail store, excluding adult entertainment
.17 Vehicle rental
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the C3 Zone:
.1
Cannabis testing and research
.2
Caretaker dwelling
.3
Medicinal cannabis dispensary
.4
Temporary market and vendors
Lot Area
.3
The minimum lot area is 1600 m2 (0.4 ac).
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
40.0 m (131.2 ft)
Depth
30.0 m (98.4 ft)
Density
.5
The maximum floor area ratio shall be 0.3 FAR.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 118
C3 ZONE - Convenience Commercial
District of Peachland
C3
Lot Coverage
.6
Maximum lot coverage is 30%.
Setback Requirements
.7
Minimum setback requirements for all buildings and structures:
Front yard
10.0 m (32.8 ft)
Rear yard
6.0 m (19.7 ft)
Interior side yard
3.0 m (9.8 ft)
Exterior side yard
6.0 m (19.7 ft)
Setback Exceptions
.8
Accessory buildings and structures shall be setback at least 4.5 m (14.8
ft) from rear or exterior side lot lines.
.9
Where only one lot line abuts a street, one side yard setback shall be at
least 2.5 m (8.2 ft).
.10 Fuel pumps shall be setback not less than 10.0 m (32.8 ft) from side
and rear lot lines.
Height
.11 Maximum building heights are as follows:
Principal building
8.0 m (26.2 ft)
Accessory buildings and structures
8.0 m (26.2 ft)
Other Regulations
.12 Accessory commercial uses to a gas station use are limited to a total
floor area of 20.0 m2 (215.3 ft2) per fuel pump hose.
.13 Automobile accessories, tires, and related goods shall be located on
pump islands or contained within not more than two (2) display booths,
racks or stands. Pump island and display booths, racks or stands shall
be setback not less than 5.0 m (16.4 ft) from any lot line abutting a
street.
.14 All service equipment, other than normally located on a pump island,
shall be entirely enclosed within a building.
.15 Outdoor storage of wrecked machinery, equipment, vehicles, or
components thereof shall not be permitted.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 119
C4 ZONE - Service Commercial
District of Peachland
C4
7.17 C4 ZONE - SERVICE COMMERCIAL
Intent: To provide a zone to accommodate and regulate a mix of commercial uses oriented to vehicular
traffic requiring large lots and generally are not accommodated in shopping centre and core
commercial developments.
Uses Permitted
.1
The following uses and no others shall be permitted in the C4 Zone:
Principal Uses
.1
Auctioneering establishment
.2
Automotive and equipment repair
.3
Automotive service uses
.4
Cannabis processing, micro
.5
Cannabis processing, standard
.6
Eating establishment
.7
Education facility
.8
Entertainment uses
.9
Freight terminal
.10 Gas station
.11 General services
.12 Greenhouse or plant nursery
.13 Light impact industrial
.14 Parking facility
.15 Public building or facility
.16 Recreational facility
.17 Recycling depot
.18 Retail store, excluding adult entertainment, limited to the following:
a.
Animal feed and tack
b.
Appliances
c.
Building supplies
d.
Furniture
e.
Garden supplies
f.
Marine parts
g.
Sporting goods
.19 Vehicle rental
.20 Warehouse uses
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the C4 Zone:
.1
Cannabis testing and research
.2
Medicinal cannabis dispensary
.3
Temporary market and vendors
Lot Area
.3
The minimum lot area is 1500 m2 (0.37 ac).
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 120
C4 ZONE - Service Commercial
District of Peachland
C4
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
30.0 m (98.4 ft)
Depth
30.0 m (98.4 ft)
Density
.5
The maximum floor area ratio shall be 0.65 FAR
Lot Coverage
.6
Maximum lot coverage is 50%.
Setback Requirements
.7
Minimum setback requirements for all buildings and structures:
Front yard
7.5 m (24.6 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
7.5 m (24.6 ft)
Exterior side yard
7.5 m (24.6 ft)
Setback Exceptions
.8
Where an interior side lot line is adjacent to a commercial or industrial
lot the setback requirement may be reduced to 0.0 m.
.9
Where only one lot line abuts a street, one side yard setback shall be at
least 2.5 m (8.2 ft).
Height
.10 Maximum building heights are as follows:
Principal building
9.0 m (29.5 ft)
Accessory buildings and structures
9.0 m (29.5 ft)
Other Regulations
.11 Automobile accessories, tires, and related goods shall be located on
pump islands or contained within not more than two (2) display booths,
racks or stands. Pump island and display booths, racks or stands shall
be setback not less than 5.0 m (16.4 ft) from any lot line abutting a
street.
.12 All service equipment, other than normally located on a pump island,
shall be entirely enclosed within a building.
.13 Outdoor storage of wrecked machinery, equipment, vehicles, or
components thereof shall not be permitted.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 121
C5 ZONE - Resort Commercial
District of Peachland
C5
7.18 C5 ZONE - RESORT COMMERCIAL
Intent: To provide a zone to accommodate and regulate tourist accommodation and compatible uses on
serviced urban lots.
Uses Permitted
.1
The following uses and no others shall be permitted in the C5 Zone:
Principal Uses
.1
Tourist accommodation
.2
Vacation resort residential
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the C5 Zone:
.1
Amenity space
.2
Assembly use
.3
Caretaker dwelling
.4
Convenience store
.5
Eating establishment, excluding drive-thru restaurants
.6
Exhibition and convention facility
.7
Personal service use
.8
Recreational facility
Lot Area
.3
The minimum lot area is 2000 m2 (0.5 ac).
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
30.0 m (98.4 ft)
Depth
40.0 m (131.2 ft)
Density
.5
The maximum floor area ratio shall be 0.50 FAR.
Lot Coverage
.6
Maximum lot coverage is 50%.
Setback Requirements
.7
Minimum setback requirements for all buildings and structures:
Front yard
6.0 m (19.7 ft)
Rear yard
4.5 m (14.8 ft)
Interior side yard
3.0 m (9.8 ft)
Exterior side yard
4.5 m (14.8 ft)
Setback Exceptions
.8
Accessory buildings and structures shall be setback at least 3.0 m (9.8
ft) from rear lot lines.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 122
C5 ZONE - Resort Commercial
District of Peachland
C5
Height
.9
Maximum building heights are as follows:
Principal building
16.8 m (55.1 ft)
Accessory buildings and structures
7.5 m (24.6 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 123
C9 ZONE - Highway Commercial
District of Peachland
C9
7.19 C9 ZONE - HIGHWAY COMMERCIAL
Intent: To provide a zone to accommodate and regulate highway-oriented commercial development and
compatible accessory uses to support the needs of the community.
Uses Permitted
.1
The following uses and no others shall be permitted in the C9 Zone:
Principal Uses
.1
Cannabis processing, micro
.2
Cannabis processing, standard
.3
Cannabis testing and research
.4
Care facility, minor
.5
Convenience store
.6
Eating establishment
.7
Education facility
.8
Entertainment use
.9
Financial institution
.10 Freight terminal
.11 Gas station
.12 General services
.13 Liquor sales, primary
.14 Liquor store
.15 Medicinal cannabis dispensary
.16 Office
.17 Parking facility
.18 Personal service use
.19 Public building or facility
.20 Non-medicinal cannabis store
.21 Recreation facility
.22 Retail store, excluding adult entertainment
Prohibited Uses
.1
Arcades
.2
Outdoor storage
Lot Area
.2
The minimum lot area is 0.8 ha (2.0 ac).
Lot Dimensions
.3
The minimum lot dimensions on subdivision are:
Width
30.0 m (98.5 ft)
Depth
40.0 m (131.2 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 124
C9 ZONE - Highway Commercial
District of Peachland
C9
Density
.4
The maximum floor area ratio shall be 0.50 FAR.
.5
The maximum gross floor area of each permitted use shall be 1500 m2
(16,146 ft2).
Lot Coverage
.6
Maximum lot coverage is 50%.
Setback Requirements
.7
Minimum setback requirements for all buildings and structures:
Front yard
7.5 m (24.6 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
7.5 m (24.6 ft)
Exterior side yard
7.5 m (24.6 ft)
Height
.8
Maximum building heights are as follows:
Principal building
13.0 m (42.6 ft)
Accessory buildings and structures
6.0 m (19.7 ft)
Landscaping
Exceptions
.9
Notwithstanding other provisions of this bylaw, whether or not there is
an intervening lane between the lot and any abutting residential zone, or
a P1- or P2-zoned lot, screening shall be provided as follows:
.1
A landscape screen at least 2.0 m (6.5 ft) high shall be provided
along all lot lines that separate the developed portion of the lot from
any abutting residential zone, P1- or P2-zoned lot.
.2
If planting materials do not provide screening to a minimum height
of 2.0 m (6.5 ft) at the time of planting, a fence or privacy wall shall
be used to satisfy the minimum screening requirement until such
time as the plant material satisfies the minimum screening
requirement.
.3
Materials and landscaping shall provide year-round screening.
Other Regulations
.10 Notwithstanding other provisions of this bylaw, the following regulations
apply specifically to gas stations in this zone:
.1
Gas station pump islands, storage tanks and accessory structures
shall be located not less than 4.5 m (14.8 ft) from any property line.
.2
Gas station pump islands shall be limited to three (3) with a
maximum of six (6) pumps in total.
.3
All service equipment, other than normally located on a pump
island, shall be entirely enclosed within a building.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 125
C9 ZONE - Highway Commercial
District of Peachland
C9
.11 Outdoor storage and display of any goods, including machinery,
equipment, vehicles, or components thereof shall not be permitted.
.12 Childcare centres shall be located on the lot such that the facility:
a.
Has pedestrian access from a street independent of the vehicular
access to the parking spaces serving the dwelling units; and
b.
Has direct access to an open space and play area on the subject
lot.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 126
I1 ZONE - Industrial
District of Peachland
I1
7.20 I1 ZONE - INDUSTRIAL
Intent: To provide a zone to accommodate and regulate the development of light impact industry.
Uses Permitted
.1
The following uses and no others are permitted in the I1 Zone:
Principal Uses
.1
Auctioneering establishment
.2
Artisan industrial
.3
Automotive body repair and painting
.4
Automotive and equipment repair
.5
Automotive service uses
.6
Cannabis cultivation, micro
.7
Cannabis cultivation, standard
.8
Cannabis processing, micro
.9
Cannabis processing, standard
.10 Contractor services
.11 Commercial storage
.12 Convenience store, maximum 140 m2 floor area
.13 Freight terminal
.14 Greenhouse and nurseries
.15 Heliport facility
.16 Industrial use, limited to:
.1
Heavy equipment lease, rentals, repairs, sales, and storage
.2
Vehicle and recreational vehicle, including marine cleaning
and restoration, lease, rentals, repairs, sales, and storage
.17 Industrial, light impact
.18 Kennels and stables
.19 Primary processing of horticultural products
.20 Recycling depot
.21 Utility service
.22 Vehicle rental
.23 Warehouse uses
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the I1 Zone:
.1
Caretaker dwelling
.2
Cannabis testing and research
.3
Medicinal cannabis dispensary
.4
Office
.5
Outdoor storage
.6
Parking facility
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 127
I1 ZONE - Industrial
District of Peachland
I1
Prohibited Uses
.3
Automobile wrecking
Lot Area
.4
The minimum lot area is 1200 m2 (0.3 ac).
Lot Dimensions
.5
The minimum lot dimensions on subdivision are:
Width
30.0 m (98.4 ft)
Depth
40.0 m (131.2 ft)
Density
.6
The maximum floor area ratio shall be 1.0 FAR.
Lot Coverage
.7
Maximum lot coverage is 60%.
Setback Requirements
.8
Minimum setback requirements for all buildings and structures:
Front yard
7.5 m (24.6 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
7.5 m (24.6 ft)
Exterior side yard
7.5 m (24.6 ft)
.9
Buildings and structures used for cannabis cultivation, cannabis
processing, medicinal cannabis dispensary, cannabis testing and
research:
Front yard
10.0 m (32.8 ft)
Rear yard
10.0 m (32.8 ft)
Interior side yard
10.0 m (32.8 ft)
Exterior side yard
10.0 m (32.8 ft)
Setback to any dwelling unit
15.0 m (49.2 ft)
Setback Exceptions
.10 Where a lot abuts land zoned for commercial or industrial uses, the
interior side setback may be reduced to 0.0 m.
.11 Where only one lot line abuts a street, one side yard setback shall be at
least 2.5 m (8.2 ft).
.12 Food and beverage processing uses shall not be permitted within 10.0
m (32.8 ft) of a lot line abutting a street, measured perpendicular and
horizontal to the lot line.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 128
I1 ZONE - Industrial
District of Peachland
I1
Height
.13 Maximum building heights are as follows:
Principal building
15.0 m (49.2 ft)
Accessory buildings and structures
6.0 m (19.7 ft)
Landscaping
Exceptions
.14 Outdoor storage of any goods, materials or supplies is specifically
prohibited between the front of the principal building and the street,
excluding vehicles exceeding 5,000 kilograms (11,023 lbs) GVW that
are intended for sale.
.15 Outdoor storage abutting a zone within which a residential use other
than a caretaker residence is permitted, or separated from such a zone
by a highway or lane, shall be enclosed by a fence or landscape screen
that shall obstruct the storage from view from the residential use. The
fence or planting shall be free of advertising.
Conditions of Use
.16 Land and structures in this zone shall only be permitted if the use:
.1
Constitutes no unusual fire, explosion, or safety hazard.
.2
Does not emit noise in excess of 70 dB(A) measured at any point
on any boundary of the lot on which the use is located, provided
that where a lot abuts a lot other than an industrial lot the noise
level shall not exceed 60 dB(A).
.3
Does no produce heat or glare perceptible from any lot line of the
lot on which the use is located.
.17 Warehouse, freight terminal or distribution uses shall not contain liquid
chlorine, liquefied petroleum gas, explosives as defined in the
Explosives Act (Canada), flammable or combustible liquids, substances
capable of spontaneous combustion, substances that on contact with
water emit flammable gases, oxidizing substances, organic peroxides,
chlorates, nitrates, radioactive materials, nuclear substances as defined
in the Nuclear Safety and Control Act (Canada), or corrosives.
.18 All display and retail areas in wholesale uses shall be limited to a total
maximum floor area of 1000 m2 (10,764 ft2).
Other Regulations
.19 The storage of damaged or wrecked vehicles shall only be permitted
within a building.
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 129
P1 ZONE - Parks and Open Space
District of Peachland
P1
7.21 P1 ZONE - PARKS AND OPEN SPACE
Intent: To provide a zone to preserve land for park, open space conservation, and private and public
recreational needs of the community.
Uses Permitted
.1
The following uses and no others shall be permitted in the P1 Zone:
Principal Uses
.1
Agriculture, urban
.2
Cemetery
.3
Commercial public piazza
.4
Community garden
.5
Conservation area
.6
Dock, community
.7
Golf course and driving range
.8
Marina
.9
Open space
.10 Outdoor entertainment use
.11 Park
.12 Public buildings and facilities
.13 Retail uses limited to rental establishments for sports and non-
motorized recreational equipment
.14 Recreational facility
.15 Temporary market and vendors
.16 Wildlife sanctuary
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the P1 Zone:
.1
Caretaker dwelling
.2
Eating establishments, limited to concessions and mobile vendors
.3
Parking facility
Lot Area
.3
The minimum lot area is:
With municipal sewer
0.4 ha (1.0 ac)
Without municipal sewer or
where slope exceeds 30%
1.0 ha (2.5 ac)
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
15.0 m (49.2 ft)
Depth
25.0 m (82.0 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 130
P1 ZONE - Parks and Open Space
District of Peachland
P1
Density
.5
The maximum floor area ratio shall be 0.1 FAR.
.6
Only one caretaker dwelling is permitted per lot.
Lot Coverage
.7
Not applicable.
Setback Requirements
.8
Minimum setback requirements for all buildings and structures:
Front yard
6.0 m (19.7 ft)
Rear yard
6.0 m (19.7 ft)
Interior side yard
6.0 m (19.7 ft)
Exterior side yard
6.0 m (19.7 ft)
Height
.9
Maximum building heights are as follows:
Principal building
9.0 m (29.5 ft)
Accessory buildings and structures
4.5 m (14.8 ft)
Height Exceptions
.10 Where underground or covered parking is provided, the maximum
height of the principal building shall not exceed 22.0 m (72.2 ft).
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 131
P2 ZONE - Public/Institutional
District of Peachland
P2
7.22 P2 ZONE - PUBLIC / INSTITUTIONAL
Intent: To provide a zone to accommodate and regulate the development of lands that serve the civic,
cultural, educational, health, recreational, and social needs of the community.
Uses Permitted
.1
The following uses and no others shall be permitted in the P2 Zone:
Principal Uses
.1
Art gallery
.2
Assembly use
.3
Cannabis testing and research
.4
Care facility, congregate
.5
Care facility, extended
.6
Care facility, major
.7
Care facility, minor
.8
Cemetery and crematorium
.9
Commercial public piazza
.10 Community garden
.11 Community service
.12 Education facility
.13 Exhibition and convention facilities
.14 Health services
.15 Hospital
.16 Medicinal cannabis dispensary
.17 Office
.18 Park
.19 Public buildings and facilities
.20 Recreational facility
.21 Retail uses limited to rental establishments for sports and non-
motorized recreational equipment
.22 Utility service
Accessory Uses
.2 The following uses and no others are permitted as accessory to the
principal uses in the P2 Zone:
.1
Eating establishments
.2
Parking facility
Prohibited Uses
.3
The following uses are prohibited:
.1
Outdoor storage
.2
Vehicle and equipment maintenance and repair
Lot Area
.3
The minimum lot area is 1000 m2 (0.25 ac).
District of Peachland Zoning Bylaw No. 2400 - Part 7 | Page 132
P2 ZONE - Public/Institutional
District of Peachland
P2
Lot Dimensions
.4
The minimum lot dimensions on subdivision are:
Width
20.0 m (65.6 ft)
Depth
20.0 m (65.6 ft)
Density
.5
The maximum floor area ratio shall be 1.0 FAR.
Lot Coverage
.6
The maximum lot coverage is 50%.
Setback Requirements
.7
Minimum setback requirements for all buildings and structures:
Front yard
7.5 m (24.6 ft)
Rear yard
7.5 m (24.6 ft)
Interior side yard
7.5 m (24.6 ft)
Exterior side yard
7.5 m (24.6 ft)
Setback Exceptions
.8
Where a rear lot line abuts land in an agricultural or residential zone, the
rear yard setback shall be reduced to 6.0 m (19.7 ft).
Height
.9
Maximum building heights are as follows:
Principal buildings and structures
12.0 m (39.4 ft)
Accessory buildings and structures
9.0 m (29.5 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 133
CD Zones - Comprehensive Development
District of Peachland
CD
PART 8 - COMPREHENSIVE DEVELOPMENT ZONES
INTENT: Comprehensive Development zones are intended to accommodate and regulate the
development of a mixture of uses as an integrated unit based on a comprehensive plan in conformity to
the use and density stated in the Official Community Plan.
Parts 1 to 6 of Bylaw No. 2400 apply to all Comprehensive Development Zones, except where there is an
inconsistency or specified exemption within a specific regulation, in which case the specific CD zone
regulation applies.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 134
CD1 Zone - South Glen Village (The Terraces)
District of Peachland
CD1
8.1
CD1 ZONE - SOUTH GLEN VILLAGE (THE TERRACES)
Intent: The intent is to provide a zone for residential development as an integrated project based upon a
comprehensive plan.
Uses Permitted
.1 The land and structures may be used for a designated combination of the
following uses and no others:
.1 single family residential dwellings;
.2 two family residential dwellings;
.3 multiple family residential - maximum of four (4) dwelling units in a building;
Conditions of Use
.2 All buildings and structures shall comply with the regulations in Zoning Bylaw
Number 1375, 1996 as contained in part 20 (Comprehensive Development) of
that Bylaw.
.3 Notwithstanding Clause 1 above, all buildings and structures shall comply with
the size, shape and siting as designated on the comprehensive development
plan drawings presented by:
.1 Terra West labelled L1 dated December 15, 1997 and L2 dated February
9, 1995.
.2 Greystokes design labelled 241-3077, dated March 10, 1995.
Which are included as Schedules "A" attached to and forming part of this
Bylaw.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 135
CD1 Zone - South Glen Village (The Terraces)
District of Peachland
CD1
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 136
CD1 Zone - South Glen Village (The Terraces)
District of Peachland
CD1
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 137
CD1 Zone - South Glen Village (The Terraces)
District of Peachland
CD1
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 138
CD1 Zone - South Glen Village (The Terraces)
District of Peachland
CD1
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 139
CD1 Zone - South Glen Village (The Terraces)
District of Peachland
CD1
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 140
CD2 Zone - DB Homes Ltd.
District of Peachland
CD2
8.2
CD2 ZONE - DB HOMES LTD.
Intent: The intent is to provide a zone for a mixed residential and commercial development as an
integrated project based upon a comprehensive development plan.
Uses Permitted
.1 The land and structures may be used for a designated combination of the
following uses and no others:
a. Multiple Family Residential
b. Ground Floor Office/Retail
.2 All uses shall comply with the regulations contained in Zoning Bylaw
#1375, 1996 as amended, Parts 18-G-J.
Conditions of Use
.3 All buildings and structures shall comply with the regulations in Zoning
Bylaw Number 1375, 1996 as contained in part 20 (Comprehensive
Development) of that Bylaw.
.4 Notwithstanding Clause 1 above, all buildings and structures shall comply
with the size, shape and siting as designated on the comprehensive
development plan drawings presented by:
.1 Focus Group Architecture -Drawings 1-4 dated August 26, 1999
which are included as Schedule "A", attached to and forming part of
this Bylaw.
.2 Office/Retail uses are limited to uses occupying a maximum of 120 m2.
.3 Retail use is limited to personal service uses, general service uses,
restaurant and office, excluding arcades and adult entertainment
uses.
Density
.5 Multiple Family Residential and ground oriented office/retail shall have
a maximum floor area ratio of 1.18
Lot Coverage
.6 Maximum Lot coverage shall be 50%
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 141
CD2 Zone - DB Homes Ltd.
District of Peachland
CD2
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 142
CD2 Zone - DB Homes Ltd.
District of Peachland
CD2
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 143
CD2 Zone - DB Homes Ltd.
District of Peachland
CD2
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 144
CD2 Zone - DB Homes Ltd.
District of Peachland
CD2
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 145
CD3 Zone - Ducharme
District of Peachland
CD3
8.3
CD3 ZONE - DUCHARME
Intent: The intent is to provide a zone for a mixed residential and commercial development as an
integrated project based upon a comprehensive development plan.
Uses Permitted
The land and structures may be used for a designated combination of the
following uses and no others:
1. Low Density Multiple Family Residential
2. Two Family Residential l
3. All uses shall comply with the regulations contained in Zoning Bylaw
#1375, 1996 as amended, Parts 15 and 17.
Conditions of Use
4. All buildings and structures shall comply with the regulations in Zoning
Bylaw Number 1375, 1996 as contained in part 20 (Comprehensive
Development) of that Bylaw for the R-3 zone, except as noted in this
Bylaw.
5. Notwithstanding Clause 1 above, all buildings and structures shall
comply with the size, shape and siting as designated on the
comprehensive development plan drawings presented by:
6. Tanner Kay Associates - Drawings 1-7 dated November 10, 2000 which
are included as Schedule "A", attached to and forming part of this
Bylaw.
Lot Coverage
7. Maximum Lot coverage shall be 45%
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 146
CD3 Zone - Ducharme
District of Peachland
CD3
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 147
CD3 Zone - Ducharme
District of Peachland
CD3
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 148
CD3 Zone - Ducharme
District of Peachland
CD3
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 149
CD3 Zone - Ducharme
District of Peachland
CD3
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 150
CD3 Zone - Ducharme
District of Peachland
CD3
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 151
CD3 Zone - Ducharme
District of Peachland
CD3
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 152
CD4 Zone - Gerrie
District of Peachland
CD4
8.4
CD4 ZONE - GERRIE
Intent: The intent is to provide a zone for a three-unit residential development based upon a
comprehensive development plan.
Uses Permitted
.1 The land and structures may be used for a designated combination of the
following uses and no others:
.1 Low Density Multiple Family Residential
.2 All uses shall comply with the regulations contained in Zoning Bylaw
#1375, 1996 as amended, Parts 13 and 17J.
Conditions of Use
.2 All buildings and structures shall comply with the regulations in Zoning
Bylaw Number 1375, 1996 as contained in part 20 (Comprehensive
Development) of the Bylaw for the R-3 Zone, except as noted in this
Bylaw.
.3 Notwithstanding Clause 1 above, all buildings and structures shall comply
with the size, shape and siting as designated on the comprehensive
development plan drawings prepared by:
.1 H.T. D. Tanner - Drawings 1-4 dated June 9, 2002, which are
included as Schedule "A", attached to and forming part of this Bylaw.
.2 Parking shall comply with the regulations in zoning Bylaw Number
1375, 1996, as contained in part 5, Section B3 (off-street parking),
except Section B3(b) Visitor parking shall not be required.
Density
.4 Multiple Family Residential and ground oriented office/retail shall have a
maximum floor area ratio of 0.65
Lot Coverage
.5 Maximum Lot coverage shall be 45%
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 153
CD4 Zone - Gerrie
District of Peachland
CD4
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 154
CD4 Zone - Gerrie
District of Peachland
CD4
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 155
CD4 Zone - Gerrie
District of Peachland
CD4
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 156
CD4 Zone - Gerrie
District of Peachland
CD4
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 157
CD5 Zone - Island View Villas
District of Peachland
CD5
8.5
CD5 ZONE - ISLAND VIEW VILLAS
Intent: The intent is to provide a zone for residential development as an integrated project based upon a
comprehensive development plan.
Uses Permitted
.1 The land and structures may be used for a designated combination of the
following uses and no others:
.1 Single Family Dwellings
.2 Two Family Dwellings
.3 Multiple Family Residential - maximum four (4) dwelling units in a
building
.4 Amenity building which may serve as a temporary sales office
.5 All uses shall comply with the regulations contained in Zoning Bylaw
#1375, 1996 as amended, Parts 13-B, 15-B, and 17-B.
Conditions of Use
.2 All buildings and structures shall comply with the regulations in Zoning
Bylaw Number 1375, 1996 as contained in part 20 (Comprehensive
Development) of this Bylaw except as noted in this Bylaw.
.3 Notwithstanding Clause 1 above, all buildings and structures shall comply
with the size, shape and siting as designated on the comprehensive
development plan drawings presented by:
.1 CTQ Consultants Ltd., Drawing A1, dated march, 2003, revision dated
11-04-03. Focus Group Architecture
.2 Tanner Kay Associates, Drawings B-1 to B-12, dated February 4,
2003
.3 Tanner Kay Associates, Drawing C-1, dated December 4, 2002
revision date 11-05-03.
Which are included as Schedule A,. B and C attached to and forming part
of zoning Bylaw Number 1375 Amendment bylaw Number 1692.
Parking
.4 Parking shall comply with the regulations in Zoning Bylaw Number 1375,
1996, as contained in part 5 (off-street parking).
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 158
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 159
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 160
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 161
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 162
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 163
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 164
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 165
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 166
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 167
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 168
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 169
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 170
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 171
CD5 Zone - Island View Villas
District of Peachland
CD5
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 172
CD6 Zone - Buchanan Rd. Cluster Residences
District of Peachland
CD6
8.6
CD6 ZONE - BUCHANAN RD. CLUSTER RESIDENCES
Intent: The intent is to provide residential development zone compatible with a residential
neighbourhood and not for commercial rental purposes and the design shall be an integrated cluster
project based upon a comprehensive plan.
Uses Permitted
.1 The land and structures may be used for the following uses, or for a
combination of uses, provided that such uses are a comprehensive design,
where most of the development is not on land greater than 30% and where
the development is located on sewered urban Lot s.
.1 Single Family Dwelling
.2 Accessory Vehicle Garage Buildings
Conditions of Use
.2 All buildings and structures shall comply with the regulations in Zoning
Bylaw Number 1375, 1996 as contained in part 20 (Comprehensive
Development) of this Bylaw.
.3 Notwithstanding Clause 1 above, all buildings and structures shall comply
with the size, shape and siting as designated on the comprehensive
development plan drawings presented by:
.1 Site Plan by New Town Planning Services Inc.
.2 Concept and Building Elevation Plans as provided as part of this bylaw
and as adopted by Council. These are included as Schedule 'B-1', 'B-2'
and 'B-3' attached to and forming part of Zoning Bylaw No. 1375,
Amendment Bylaw No. 1827, 2007
.3 The numbers of housing units are limited to one (1) freehold Lot for a
single family residence and eight (8) strata detached residences.
.4 Notwithstanding Part 4-14 in Zoning Bylaw No. 1375, 1996, requiring
the minimum ground floor area to be 84m² (900 ft²) and a minimum
width of 7m (24 ft), the strata minimums shall be 70.5m² (760 ft²) at the
ground floor and a width of 6m (20 ft).
.5 The building form shall be constructed containing 3 storeys and a
maximum of 11m (33ft).
.6 Off-street parking shall comply with the specifications contained in
Zoning Bylaw No. 1375, 1996, as contained in Part 5 (Off-street
Parking).
.7 A 3m (10ft) public dedication of land shall be provided along the
Okanagan Lake high water mark.
.8 Docking facilities shall be developed and approved in conjunction with
BC Riparian Areas Protection Regulations.
Sustainable
Development
.1 Green roofs on the detached garages.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 173
CD6 Zone - Buchanan Rd. Cluster Residences
District of Peachland
CD6
Features
.2 High standard "E" windows with shading to reduce summer heat and
save energy for heating and cooling.
.3 Geo-thermal heating systems with heat pumps, and no use of fossil
fuels for building heat.
.4 Heat recovery ventilation systems.
.5 Low flow plumbing fixtures to reduce water use.
.6 Living spaces located partially below grade, will help reduce energy
costs.
.7 Xeriscape landscaping to reduce water and irrigation demand.
.8 Passive solar design through design emphasizing windows on the
south exposure.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 174
CD6 Zone - Buchanan Rd. Cluster Residences
District of Peachland
CD6
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 175
CD6 Zone - Buchanan Rd. Cluster Residences
District of Peachland
CD6
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 176
CD6 Zone - Buchanan Rd. Cluster Residences
District of Peachland
CD6
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 177
CD6 Zone - Buchanan Rd. Cluster Residences
District of Peachland
CD6
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 178
CD7 Zone - Ponderosa Community
District of Peachland
CD7
8.7
CD7 ZONE - PONDEROSA COMMUNITY
Intent: This zone is intended to accommodate and regulate the phased development of a mixed-use
master planned community, the Ponderosa / Pincushion Ridge Area Sector Plan, comprised of a
maximum of 1,020 residential units, a community golf course, and a winery over multiple lots. This zone
has a corresponding community amenity and development phasing strategy registered on the CD7
zoned lots.
A: DEVELOPMENT AREAS
The CD7 zone has been divided into the following 6 (six) Development Areas, which are generally
depicted on the attached Appendix 1 CD7 Zone Development Area Map:
Development Area #1 (DA-1) - containing a mix of commercial and residential uses including
high density multi-family.
Development Area #2 (DA-2) - containing a mix of winery/vineyard, neighbourhood commercial
and residential uses ranging from single family to townhouses forms.
Development Area #3 (DA-3) - containing residential uses ranging from single family to
townhouses forms.
Development Area# 4 (DA-4) - containing residential uses, ranging from single family to
medium density multi-family residential uses.
Development Area #5 (DA-5) - containing single family to townhouse residential uses.
Development Area #6 (DA-6) - containing a mix of single family to medium density multi-
family residential uses, recreational uses, and associated retail commercial uses.
B: DEFINITIONS
(see Part 3 of the Zoning Bylaw for other Land Use definitions)
Cluster
Housing
Comprehensively planned clusters of single family (including secondary suite and
garden suites), and duplex housing with urban services, to preserve topography,
natural features, open space, or environmentally sensitive features.
Commercial
School
A development used for training, instruction, and certification in a certain skill,
trade, or service for the financial gain of the individual or company owning the
school. Typical uses include, but are not limited to secretarial, business,
hairdressing, beauty culture, dancing, or music schools.
Emergency
Protective
Services
A public facility used by fire protection, police, ambulance, or other such services
as a base for operations
Golf
Course
A high-caliber and high-quality mid-length (minimum 9-hole) golf course. For the
purposes of this CD7 zone, development of a golf course includes the design,
engineering, grading, drainage, shaping (including sand traps, tee boxes and
greens), growing medium, sand, turf and seeding, irrigation (source and
distribution), paved cart paths, cups, flags, signage, clubhouse, and washrooms. A
restaurant associated with the clubhouse is permitted under this land use.
Health
Services
A development used for the provision of physical or mental health services on an
out-patient basis. Services may be of a preventative, diagnostic, therapeutic,
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 179
CD7 Zone - Ponderosa Community
District of Peachland
CD7
rehabilitative, or counselling nature. Typical uses include, but are not limited to
medical and dental offices, chiropractors, massage therapists and acupuncturist
clinics, health clinics, and counselling services.
Libraries,
Museums and
Art Galleries
A development for the collection of literary, artistic, musical, and similar reference
materials in the form of books, manuscripts, recordings and films for public use, or
a development for the collection, preservation, and public exhibition of works or
objects of historical, scientific, or artistic value.
Winery,
Brewery,
Cidery and
Meadery
Notwithstanding the definitions contained in Part 3 of the Zoning Bylaw, for the
purposes of this CD7 zone, these land uses include their associated agricultural
uses, including, but not limited to vineyards, orchards, apiaries and similar farm
uses.
C: PERMITTED USES
C-1: USE TABLE
The following uses and no others are permitted within each of the following Development Areas:
TABLE 1: PERMITTED USES BY
DEVELOPMENT AREA
DA-1
DA-2
DA-3
DA-4
DA-5
DA-6
Bed and Breakfast
Child Care Centre
Coffee Shop
Commercial School
Convenience Store
Emergency & Protective Services
Entertainment Uses
General Service Use
Golf Course (see section D-2)
Health Services
Home Based Business*
Libraries, Museums and Art Galleries
Neighborhood Pub
Open Space
Parking Facility
Personal Services
Recreational Facilities
Residential, Cluster Housing
Residential, Duplex
Residential, Multiple Family - High
Density
Residential, Multiple Family -
Medium Density
Residential, Secondary Suite or
Garden Suite
Residential, Single Family
Residential, Townhouse
Restaurant
Retail Store
Tourist Accommodation
Winery / Brewery, Cidery, Distillery
and Meadery
*When implementing the Home Based Business regulations of the Zoning Bylaw (Part 3),
"Development Area" should be used in place of "Zone". For example: Type I (Minor Home Based
Businesses) are conditionally permitted in any Development Area permitting a residential dwelling unit
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 180
CD7 Zone - Ponderosa Community
District of Peachland
CD7
and Type II (Major Home Based Businesses) are conditionally permitted in any Development Area
permitting a single family residential or duplex use.
C-2: CONDITIONAL USE
This zone has been developed to facilitate the construction of a mixed-use residential development
built around an 18-hole golf course. Notwithstanding the foregoing, the construction of a 9-hole golf
course within each Golf Course Area (defined below) is required prior to any development of an
existing Lot beyond the residential units outlined in Table 2, unless a revised development phasing
strategy is approved by Council and a corresponding Section 219 covenant registered on the title of
the applicable Lots.
C-2-1: Phase Golf Course Construction
As the required 18-hole golf course will span over multiple Lots, the construction of the 18-hole golf
course is permitted in phases. As illustrated in Appendix 2 The Golf Course Area Map and Table 2,
the CD7 zone has been divided into two areas, Golf Course Area North, and Golf Course Area South
(together "the Golf Course Areas" and each a "Golf Course Area"), with each Golf Course Area being
responsible for the construction of 9-holes.
Exemptions:
The existing The Trails Development (PID: 029-462-380) and the future development of Lot 6, Plan
KAP92808, DL 490, 902, 1800, ODYD (PID: 028-891-023), both shown within Golf Course Area South
on Appendix 2, are not bound to the golf course construction requirements or the density restrictions of
Table 2.
Permitted Density Without Golf Course:
Golf Course Area North
Notwithstanding any other provision of the CD7 zone, Block C within Golf Course Area North may be
developed to a maximum of 10 residential units until there is a 9-hole golf course operating within Golf
Course Area North, or all necessary municipal authorizations have been issued for such a golf course
and the golf course is under construction within the corresponding Golf Course Area (the requirements
of which are more particularly set out below).
Golf Course Area South
Notwithstanding any other provision of the CD7 zone, the legal Lots outlined in Table 2 within Golf
Course Area South may each be developed to a maximum of 1 residential unit/Lot until there is a 9-
hole golf course operating within Golf Course Area South or all necessary municipal authorizations
have been issued for such a 9-hole golf course and the golf course is under construction within the
corresponding Golf Course Area (the requirements of which are more particularly set out below).
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 181
CD7 Zone - Ponderosa Community
District of Peachland
CD7
TABLE 2:
GOLF
COURSE
AREAS
Legal Lots
Density Permitted
without Golf
Course
Golf Course
Area North
- Block C, District Lots 2897, 5351 and 5352, ODYD
(PID: 028-583-906)
- 10 residential
dwellings/Lot
Golf Course
Area South
- Lot 1, DL 220, 902, 2897, ODYD, Plan KAP92808,
except Plan EPP33505 (PID: 028-890-566)
- Lot 2, DL 902, 2897, ODYD, Plan KAP92808 (PID: 028-
890-574)
- Lot 4, DL 490, 902, ODYD, Plan KAP92808 (PID: 028-
890-612)
- Lot 5, DL 490, 902, 1800, ODYD, Plan KAP92808 (PID:
028-890-779)
- Lot 6, District Lot 490, 902, 1800,
ODYD, Plan KAP92808 (PID: 028-891-023)
- 1 residential
dwelling/Lot
For certainty, if an existing Lot is subdivided, development of the Lots created by that subdivision and/or
subsequent building permit, shall be limited to the aggregate of the residential units. Existing Lots are
defined in Table 2.
Municipal Authorization
If the golf course is under construction within the respective Golf Course Area, and the owner wishes to
obtain municipal authorizations for development at greater densities than those set out in Table 2 prior to
the golf course being completed and operational, the District will accept the following in lieu of golf course
completion:
1.
Confirmation from a Registered Landscape Architect or other professional approved by the
District, that 50% of the golf course is complete;
2.
Submission of a financial security, in the form of an irrevocable standby letter of credit, for 150%
of the professional's cost estimate, to carry out the construction of the remainder of the golf
course, and
3.
A written commitment in a form approved by the District, to complete the golf course within 6
months.
C-3: OUTRIGHT USES
Notwithstanding Section C-2, parks, recreational trails, open space, and agriculture associated with a
future alcohol production facility are outright uses that are permitted on the CD7 zoned lands prior to
construction of the golf course.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 182
CD7 Zone - Ponderosa Community
District of Peachland
CD7
D: DENSITY
D-1: MAXIMUM DENSITY:
Maximum Residential
Density
- Subject to completion of the 9-hole golf course in Golf Course Area
South, 500 residential units are permitted within Golf Course Area
South.
- Subject to completion of the 9-hole golf course in Golf Course Area
North, 400 residential units are permitted within Golf Course Area
North.
- 120 units are permitted within Development Area 3 (Lot 3, Plan
KAP92808, District Lot 1800, ODYD).
Maximum Tourist
Accommodation Density
Total for entire CD zone: 200 units*
-
100 units in Golf Course Area North.
-
100 units in Golf Course Area South.
*Tourist accommodation density is to be assessed at 0.5 the density of a
residential unit and included in the Maximum Residential Density
allocation.
The density of the CD7 zoned lands will be controlled in the form of a Section 219 covenant registered
on the remainder Lot(s), which will indicate the remainder density allocation. The registered Section 219
covenant will be amended, to reflect the remaining density, prior to issuance of every building permit
and/or as a condition of every subdivision approval.
Notwithstanding any other provisions of this bylaw, the maximum residential density permitted within the
CD7 zoned lands including secondary suites and garden suites, cannot exceed 2,100 units.
D-2: Density Bonus
For Golf Course Area North and Development Area 3 only, a density bonus of 1 residential unit may be
earned by the provision of 1 Affordable Residential Unit in accordance with the Master Development
Agreement (MDA).
For all Development Areas, further Floor Area Ration (FAR) density bonus regulations are outlined in the
CD7 Use Specific Regulations (section E).
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 183
CD7 Zone - Ponderosa Community
District of Peachland
CD7
E: USE SPECIFIC REGULATIONS
Comprehensive Development zones are intended to accommodate and regulate the development of a
mixture of uses as an integrated unit based on a comprehensive plan in conformity to the use and density
stated in the Official Community Plan.
Parts 1 to 6 of Bylaw No. 2400 apply, except where there is an inconsistency or specified exemption within
a specific regulation in which case the specific CD zone regulation applies.
E-1: SINGLE FAMILY RESIDENTIAL USES SHALL MEET THE FOLLOWING REGULATIONS
E-1-1: Maximum Density, Site Coverage, and Height
E-1-2: Minimum Setback Requirements
Buildings and Structures
Front Lot
Line*
Side Lot
Line
Flanking
Street*
Rear Lot Line
Principal Building for Portion up to
4.5m in height.
3.5m
1.2m
4.5m
6.0m
Principal Building for Portion up to
7.5m in height
3.5m
1.5m
4.5m
7.5m
Accessory Buildings or Structures
3.5m
1.0m
4.5m
1.5m
Additional Regulations
*The minimum setback from a street for a garage or carport with vehicular entry from the front shall be
6.0m measured from the back of the curb with no sidewalk present or the back of the sidewalk. In an area
where access is required through, and is limited to a lane, the yard abutting the lane may be considered
the front yard. Walkout basements are not exempt from the height regulations of this use.
E-1-3: Minimum Subdivision Requirements
Lot Type
Minimum Lot Area
Minimum Lot Width
All Lots*
400m²
30% of Lot depth
*In this CD7 zone, Garden Suites are permitted on lots with a minimum Lot area of 400m².
Maximum Density
Maximum of 1 single family unit, 1 secondary suite and 1 garden
suite per Lot.
Maximum Lot Coverage
40%, and together with driveways and parking areas shall be
50%.
Maximum Lot Coverage for
Accessory Buildings
3%, which shall form part of the maximum Lot coverage of the
entire Lot.
Maximum Height of Principal
Building
9.5m
Maximum Height of Accessory
Buildings or Structures
4.5m
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 184
CD7 Zone - Ponderosa Community
District of Peachland
CD7
E-2: Duplex Residential Uses shall meet the following Regulations
E-2-1: Maximum Density, Site Coverage, and Height
Maximum Density
Ownership Tenure: Maximum density of 2 dwelling units per Lot; 1
unit per Lot in a strata.
Rental Tenure: 20 units per hectare.
Maximum Lot Coverage
40% and together with driveways and parking areas shall be 50%
Maximum Lot Coverage for
Accessory Buildings
3% which shall form part of the maximum Lot coverage of the
entire Lot.
Maximum Height of Principal
Building
9.5m
Maximum Height of Accessory
Building or Structure
4.5m
E-2-2: Minimum Setback Requirements
Buildings and Structures
Front Lot
Line
Side Lot
Line**
Flanking
Street
Rear Lot
Line
Principal Building for Portion up to
4.5m in height
3.5m
1.2m
4.5m
6.0m
Principal Building for Portion up to
7.5m in height
3.5m
1.2m
4.5m
7.5m
Garage Measured from the Back
6.0m with
1.2m
4.5m
1.5m
of Curb or Sidewalk
vehicular
entry to the
front*
Accessory Building or Structure
3.0m
1.2m
4.5m
1.5m
Additional Regulations
*The minimum setback from a street for a garage or carport with vehicular entry from the front shall be 6.0m
measured from the back of the curb with no sidewalk present or the back of the sidewalk. In an area where
access is required through, and is limited to a lane, the yard abutting the lane may be considered the front
yard. Walkout basements are not exempt from the height regulations of this use.
**For Duplex Units, the side yard setback may be 0.0 m if there is a party wall agreement.
E-2-3: Minimum Subdivision Requirements
Lot Type
Minimum Lot Area
Minimum Lot Width
Regular
500m²
18m
Corner
550m²
20m
Strata
250m² (275 m² for corner)
9m (10m for corner)
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 185
CD7 Zone - Ponderosa Community
District of Peachland
CD7
E-3: CLUSTER HOUSING RESIDENTIAL USES SHALL MEET THE FOLLOWING REGULATIONS
E-3-1: Maximum Density, Site Coverage, and Height
Maximum Density
Ownership Tenure:
1 Single Family Unit, 1 secondary suite and 1 garden
suite per Lot; or 1 Duplex per Lot.
Rental Tenure: 20 units per hectare
Maximum Lot Coverage
35% and together with driveways and parking areas
shall be 45%
Maximum Lot Coverage for
Accessory Buildings
3% which shall form part of the maximum Lot coverage
of the entire Lot.
Maximum Height of Principal
Building*
9.5m
Maximum Height of Accessory
Building or Structure
4.5m
E-3-2: Minimum Setback Requirements
Buildings and Structures
Front Lot
Line
Side Lot
Line
Flanking
Street
Rear Lot
Line*
Principal Building
3.0m
1.2m
3.0m
6.0m
Garage measured from the Back
of Curb or Sidewalk**
6.0m with
vehicular
entry to the
front**
1.2m
6.0m with
vehicular
entry to the
front
6.0m
Accessory Building or Structure
3.0m
1.2m
3.0m
6.0m
Additional Regulations:
*Where the Lot width exceeds the Lot depth, the minimum rear yard shall be 4.5m.
**The minimum setback from a street for a garage or carport with vehicular entry from the front shall be
6.0m measured from the back of the curb with no sidewalk present or the back of the sidewalk. In an area
where access is required through, and is limited to a lane, the yard abutting the lane may be considered
the front yard. Walkout basements are not exempt from the height regulations of this use.
E-3-3: Minimum Subdivision Requirements
Minimum Lot Area
Minimum Lot Width
Minimum Lot Depth
325 m²
12m
25m
*In this CD7 zone, Garden Suites are permitted on Lots with a minimum Lot area of 400m².
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 186
CD7 Zone - Ponderosa Community
District of Peachland
CD7
E-4: Townhouse Residential Uses shall meet the following Regulations
E-4-1: Maximum Density, Site Coverage, and Height
Maximum Density
40 units per hectare
Maximum Site Coverage
60% and together with driveways and parking areas
shall be 70%
Maximum Height of Principal
Building
12m
The maximum height of any vertical wall element facing
a Lot line, including a walkway basement, shall not
exceed 6.5 metres in height. Any wall element above
6.5 metres in height must be stepped back at least 1.2
metres.
Maximum Height of Accessory
Building or Structure
4.5m
E-4-2: Minimum Setback Requirements
Buildings and Structures
Front Lot Line
Side Lot Line
Rear Lot Line
Principal Building
3.0m
3.0m
6.0m
Garage Measured from the Back
of Curb or Sidewalk*
6.0m
3.0m
1.5m
Accessory Building or Structure
3.0m
3.0m
1.5m
E-4-3: Minimum Subdivision Requirements
Lot Type
Minimum Lot Area
Minimum Lot Width
All
800m²
15m
Additional Requirements
Where there is no direct access to the rear yard or to an attached garage or carport, one side yard
shall be at least 4.5m.
Where a party wall between two dwellings coincides with an interior side Lot line, no setbacks shall
be required from the interior side Lot line.
Notwithstanding the Minimum Subdivision Requirements (s. E-4-3), Townhouse developments may
be subdivided into smaller lots than the regulations above provided the site is comprehensively
developed under a single comprehensive development permit and a party wall agreement is
registered on title.
*The minimum setback from a street for a garage or carport with vehicular entry from the front shall
be 6.0m measured from the back of the curb with no sidewalk present or the back of the sidewalk. In
an area where access is required through, and is limited to a lane, the yard abutting the lane may be
considered the front yard. Walkout basements are not exempt from the height regulations of this use.
E-4-4: Minimum Setback Requirements between Accessory Buildings and Structures
Accessory buildings and structures shall be sited a minimum of 3.0m from the principal building or
structure, and 3.0m from the rear of the front building face of a principal building.
E-4-5: Private Open Space
A minimum area of 15m2 of private open space shall be provided for every townhouse residential
use. This open space may be placed on an accessible rooftop.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 187
CD7 Zone - Ponderosa Community
District of Peachland
CD7
E-5: Multiple Family Residential-Medium Density Uses Shall Meet the Following Regulations
E-5-1: Maximum Density, Floor Area Ratio, Site Coverage, and Height
Maximum Floor Area Ratio
1.5*
Maximum Site Coverage
60% and together with buildings, driveways and parking
areas shall be 70%
Maximum Height of Principal
Building
15.0m**
Maximum Height of Accessory
Building or Structures
4.5m
Additional Regulations
* The Maximum Floor Area Ratio may be increased to 2.5 where 25% of the increased Floor Area Ratio
is to be used for non-market, supportive or affordable housing and secured via registration of a Housing
Agreement.
** An increased building height above 15.0m to a maximum of 18.0m may be considered under a
development permit subject to but not limited to the following conditions:
i.
Availability of public life safety facilities and services;
ii.
Acceptable form of character design, including maintenance of an attractive hillside aesthetic;
iii.
Incorporation of sustainable development features into the development; and
iv.
Minimum of 5% affordable housing component.
E-5-2: Minimum Setback Requirements
Buildings and Structures
Front
Lot
Line
Side
Lot
Line
Flanking
Street
Rear Lot Line
All Portion of Buildings up to 9.0m
in height
4.5m
4.5m
4.5m
6.0m, except that it
may be reduced to
4.5m where there is
a rear lane.
All Portion of Buildings Greater
than 9.0m in height
6.0m
4.5m
6.0m
6.0m, except that it
may be reduced to
4.5m where there is
a rear lane.
Accessory Building or Structure
6.0m
4.5m
6.0m
1.5m
E-5-3: Minimum Subdivision Requirements
Lot Type
Minimum Lot Area
Minimum Lot Width
All
1,400m²
30m
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 188
CD7 Zone - Ponderosa Community
District of Peachland
CD7
E-6: MULTIPLE FAMILY RESIDENTIAL-HIGH DENSITY USES SHALL MEET THE FOLLOWING
REGULATIONS
E-6-1: Maximum Density, Floor Area Ratio, Site Coverage, and Height
Maximum Floor Area Ratio
2.5*
Maximum Site Coverage
75% together with accessory structures, driveways, and
parking areas.
Maximum Height of Principal
Building
15.0 meters **
Maximum Height of Accessory
Buildings and Structures
4.5m
Additional Regulations:
* The Maximum Floor Area Ratio may be increased to 3.5 where 25% of the increased Floor Area
Ratio is to be used for non-market, supportive or affordable housing, secured via the registration of a
Housing Agreement.
** An increased building height above 15.0 meters to a maximum of 20.0m may be considered under
a development permit subject to but not limited to the following conditions:
i.
Availability of public life safety facilities and services;
ii.
Acceptable form of character design, including maintenance of an attractive hillside aesthetic;
iii.
Incorporation of sustainable development features into the development; and
i.
Minimum of 5% affordable housing component.
E-6-2: Minimum Setback Requirements
Buildings and Structures
Front Lot
Line
Side Lot
Line
Flanking
Street
Rear Lot
Line
All
6.0m
4.5m
6.0m
6.0m
E-6-3: Minimum Subdivision Requirements
Lot Type
Minimum Lot Area
Minimum Lot Width
All
1,400m²
30m
E-7: GOLF COURSE AND RECREATION RELATED BUILDINGS AND STRUCTURES SHALL MEET
THE FOLLOWING REGULATIONS
E-7-1: Lot Coverage
The maximum Lot coverage shall be 5%.
E-7-2: Height:
The maximum height of any building or structure shall be 12.0m.
E-7-3: Setbacks:
Buildings and structures shall be sited not less than 4.5m from all Lot lines.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 189
CD7 Zone - Ponderosa Community
District of Peachland
CD7
E-8: Commercial Uses Shall Meet the Following Regulations
E-8-1: Conditions of Use
Commercial uses within Mixed Commercial/Residential structures shall be located on lower floors
and store front retail at grade level. No portion of the first storey of a building may be used for
residential dwelling units.
E-8-2: Maximum Density, Floor Area Ratio, Site Coverage, and Height
Maximum Floor Area for Non-Tourist
Accommodation Commercial Uses
5,000m2
Maximum Site Coverage
90% together with accessory structures, driveways,
and parking areas.
Maximum Height of Buildings for
Commercial Use
9.0m**
Maximum Height of Buildings for
Mixed Use
15.0m**
E-8-3: Minimum Subdivision Requirements
Lot Type
Minimum Lot Area
Minimum Lot Width
All
1,000m2
15m
Additional Regulations
* Tourist accommodation density is to be assessed at 0.5 the density of a residential unit.
** An increased building height to a maximum of 18.0m may be considered under a development
permit subject to but not limited to the following conditions:
i.
Availability of public life safety facilities and services;
ii.
Acceptable form of character design, including maintenance of an attractive hillside aesthetic;
iii.
Incorporation of sustainable development features into the development; and
iv.
Minimum of 5% affordable housing component.
E-8-4: Minimum Setback
Buildings and Structures
Front Lot
Line
Side Lot
Line
Flanking
Street
Rear Lot
Line
Principal Building for Commercial
Use up to 9.0m in height.
0.0m
0.0m
0.0m
0.0m
Principal Building for Mixed Use
up to 15.0m in height.
1st/2nd
storey 4.5m
Above 2nd
storey 6.0m
1.5m
4.5m
7.5m
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 190
CD7 Zone - Ponderosa Community
District of Peachland
CD7
F: GENERAL REGULATIONS
The following conditions shall apply to all uses permitted in this zone:
F-1: SHORT TERM VACATION RENTALS OF RESIDENTIAL PROPERTIES
The minimum tenancy period for all residential uses is one month.
F-2: PARKING
Notwithstanding the parking regulations contained in Part 6 of the Zoning Bylaw, residential parking
within the Village Centre Development Area 1 can be reduced to 75% of the standards rounded up to
the next full stall unit.
F-3: LANDSCAPING AND SCREENING
Perimeter landscaping shall be provided as follows:
1)
One tree shall be planted for every 11.0m or portion thereof along the front and rear Lot line;
2)
Trees shall be a minimum caliper of 6.0cm and shall be spaced from 9.0m to 13.0m along the
front Lot line;
3)
Trees shall be sited in a continuous landscaping strip protected with curb (except driveways and
walkways) that has a minimum width of 3.0m along front and rear Lot lines;
4)
Despite subsection 3 above, the width of a section of the landscaping strip along the rear Lot line
may be reduced to 1.5m provided that the length of the section does not exceed 50.0m.
F-4: Setbacks
Notwithstanding the previous setback requirements, all buildings and structures must be a minimum of
4.5m from any Lot line that abuts the outside perimeter of the overall CD7 zone.
F-5: SUSTAINABLE DEVELOPMENT FEATURES
The Green Building standards shall be implemented, and consider Energy, Water, Liquid and Solid
Waste conservation alternatives whenever possible. The following sustainable development features
are encouraged in all development in the CD7 zone:
LEED Professional: A LEED Certified Professional will participate on all design teams to ensure
that the Green Building standards will be applied where practical and energy, water, liquid,
and solid waste conservation alternatives will be considered.
Green Building Standards: Commit to Green Building Standards.
Energy Conservation
- Consider passive solar design, natural ventilation and daylighting through site and building
design,
- Light pollution to be reduced wherever possible,
-
Consider heat recovery systems (HRV).
Water Conservation
- Employ Green Building Strategies,
- Best efforts to have water efficient landscaping.
Green Roofs & Terraces: Consider green roofs.
Alternative Energy Sources & Energy Conservation:
- Consider ground source heating and cooling for all building,
- Consider passive measures for cooling,
- Consider solar and wind power,
- Consider more energy efficient street lighting.
Integrated Stormwater Management:
- Stormwater runoff to be managed on a Lot, a neighbourhood, and a watershed level,
- Protect streams, and where possible enhance streams.
Solid Waste Management Strategy
- Provide recycling facilities for simplified separation and collection of recyclable materials,
- Consider recycling site generate organics from construction activities,
- Re-use site generated rock,
- Re-use excess structural fill in close proximity to the development site.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 191
CD7 Zone - Ponderosa Community
District of Peachland
CD7
APPENDIX 1: CD7 DEVELOPMENT AREA MAP
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 192
CD7 Zone - Ponderosa Community
District of Peachland
CD7
APPENDIX 2: CD7 GOLF COURSE AREA MAP
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 193
CD9 Zone - Tabletop Mountain Resort
District of Peachland
CD9
8.8
CD9 ZONE - TABLETOP MOUNTAIN RESORT
Intent: The intent is to provide a zone to accommodate and regulate the development of a destination
resort facility in a rural setting for tourist accommodations. The land has been divided into two sections,
Section A for hotel accommodations and Section B for low density cottage-type single family.
Uses Permitted
1.
The land and structures shall be used within Part A, and Part B for the
following uses, or for a combination of uses, provided that such uses are in
a comprehensive development plan design, which shall be attached to and
forming part of this bylaw.
a. Section A Hotel Site:
i.
Hotel
ii.
Accessory uses includes the following
1. Restaurant
2. Lounge
3. Meeting Rooms
4. Spa, Exercise Rooms and Swimming Pool
iii.
Wineries and an associated winery lounge as licensed under
Provincial legislation.
b. Section B Cottage Site:
i.
Cottages
ii.
Accessory buildings which can be either a guest cottage not
greater than 83 square metres or for another general accessory
use purpose.
Definitions
2.
As part of the CD9 Comprehensive Development Zone, the following
definition shall apply:
Cottage: means a fully detached and self contained single-family dwelling
without a secondary suite. It may be used as a vacation home. Access to
the on-site amenities available in the hotel, as outlined in Section B
(permitted uses) of the CD9 zone, are available to the owners and guests.
Conditions of Use
3.
All buildings and structures shall comply with the requirements in Zoning
Bylaw No. 1375 Amendment Bylaw No. 2040, 2012 as contained in Part 20
(Comprehensive Development) of the Bylaw.
4.
Notwithstanding clause 1 above, all buildings and structures shall comply
with the size, shape and siting as designated on the CD9 Comprehensive
Development plan as follows:
a. The form and character is to be consistent with the conceptual plans
submitted Sproule and Associates dated October 22, 2012. Final
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 194
CD9 Zone - Tabletop Mountain Resort
District of Peachland
CD9
approval of more detailed design shall be provided through approval of
the Development Permit.
b. The concept and Building Elevation Plans are included as Schedule 'A-
0', 'A1', 'A2', 'A-3', 'A-4', 'A-5' and 'A-6' attached to and forming part of
Zoning Bylaw No. 1375, Amendment Bylaw No. 2040.
c. Lot Area:
i.
Section A Hotel Site: - maximum 90,686 sq. m. (976,168 sq. ft.)
ii.
Section B Cottage Site: - maximum 800 sq m (8,611 sq ft);
minimum 410 sq m (4,413 sq ft) per strata Lot .
d. Density:
i.
Section A Hotel Site: Notwithstanding that the maximum
permitted building size was 4765.7 sq m (51,300 sq ft) in the CD6
Comprehensive Development Zone - Trepanier Manor, this
maximum shall be increased to 5,016.6 sq.m. (54,000 sq ft); and
the permitted maximum building size of 750sq.m. (8,070 sq. ft) for
a winery building and an amenity cash contribution of $13,450.00
is provided to the District to be deposited into the Community
Amenity Reserve Fund
ii.
Section B Cottage Building Size: Maximum of 20 cottages are
permitted. The cottage structures including any accessory
buildings must not exceed 315.86 sq.m (3,400 sq. ft)
e. Lot Coverage:
i.
Section A Hotel Site : Maximum 10%
ii.
Section B Cottage Site: with accessory buildings: Maximum 45%
f. Yards and Setbacks:
In general consistency and scale with the plans submitted by Sproule
and Associates dated October 22, 2012 included as part of this CD9
Zone. Notwithstanding the setback requirements in the above-noted
plans, all buildings and structures must be a minimum of 4.5m from any
Lot line that abuts the outside perimeter of the CD9 zone.
g. Height of Buildings:
i.
Section A Hotel Site: maximum 15.5 m (50.9 ft)
ii.
All other buildings: 9.1 m (29.5 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 195
CD9 Zone - Tabletop Mountain Resort
District of Peachland
CD9
h. Off-Street Parking: Parking is shown on the plans submitted by Sproule
and Associates dated October 22, 2012 included as part of this CD9
Comprehensive Development Zone.
i. All parking must be on-site and must follow the requirements as outlined
in Part 5 of the District's Zoning Bylaw.
j. Garbage containers, passive recycling containers, loading and parking
areas must be screened to height of 2.5 m (8.2 ft) from the ground up.
This may include the use of landscape screen, natural vegetation or a
solid decorative fence or any combination thereof.
Sustainable
Development
Features
5.
Sustainable Development features shall be investigated with the intention
of reducing greenhouse gases (GHG's) and implementing sustainable
development features and these provisions to be listed in the Development
Permit.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 196
CD9 Zone - Tabletop Mountain Resort
District of Peachland
CD9
Schedule B to Zoning Bylaw No. 2040, 2012
Legal: Lot A, DL 1174, ODYD, Plan 92058 and Strata Plan KAS3869
Address: 5126 MacKinnon Road
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 197
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
8.9
CD10 ZONE - NEW MONACO NEIGHBOURHOOD
The purpose of this Comprehensive Development Zone (CD) zone is to provide for settlement of the
designated New Monaco neighbourhood as shown on Maps 1 and 2 that conform to the regulations and
uses set out within this zone. The New Monaco neighbourhood is intended to be a master-planned
community with a mix of uses, employment areas and housing options.
Neighbourhood Areas
The CD10 zone recognizes three subareas as shown in Maps 1 and 2:
1. Village
Eastern-most area of the neighbourhood; its western edge is defined by the centre of the
Drought Creek watercourse as shown in Map 2. This area is intended to accommodate
the New Monaco village and permits the broadest array of permitted uses, the highest
densities and the largest floor plates.
2. Central
Central area of the site; its western edge is defined as the centre line of the eroded gully
as show in Map 2. This area is intended for primarily residential development with some
commercial, tourist accommodation, cultural, recreational and institutional uses.
a) Central East: Includes commercial uses.
b) Central West: Limited to residential uses.
3. Western
Western-most area of the new neighbourhood. This area is intended for lower density
development to minimize impact on its steeper slopes.
Map 1
V
C
W
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 198
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Map 2
Permitted Uses
Lands and structures in the CD10 Zone subareas shall be used for the following uses only, or for a
combination of such uses, provided such uses are combined in a manner that maintains the intent of
neighbourhood vision and minimizes conflict between uses.
Use
Village
Central
East
Central
West
Western
Residential Uses:
Single Family
Y
Y
Y
Secondary Dwelling
Y
Y
Y
Secondary Suite
Y
Y
Y
Duplex
Y
Y
Y
Y
Low Density Multiple (Maximum 37 upha* or 15 upa**)
Y
Y
Y
Y
Medium Density Multiple (Max 120 upha or 49 upa)
Y
Y
Y
Y
High Density Multiple (240 upha or 97 upa)
Y
Y
Y
Y
Residential Flex Unit
Y
Y
Y
Y
Vacation Resort Residential
Y
Y
Community Care Facilities:
Care Facility, Congregate
Y
Y
Y
Care Facility, Extended
Y
Y
Y
Care Facility, Major
Y
Y
Y
Care Facility, Minor
Y
Y
Y
Commercial Uses:
Automotive Service Uses
Y
Y
Breweries and Distilleries, Minor
Y
Y
Commercial Public Piazza
Y
Y
Convenience Store
Y
Y
Eating Establishment
Y
Y
Entertainment Uses
Y
Y
Drought Creek
watercourse
Eroded gully
Central
West
Central
East
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 199
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Use
Village
Central
East
Central
West
Western
Exhibition and Convention Facilities
Y
Y
Gas Station
Y
Y
General Service Uses
Y
Y
Health Services
Y
Y
High Technology Research and Product Design
Y
Y
Liquor Sales, Primary
Y
Y
Liquor Store
Y
Y
Office
Y
Y
Parking Facility
Y
Y
Personal Service Use
Y
Y
Residential Sales Centre
Y
Y
Retail Store
Y
Y
Temporary Markets and Vendors
Y
Y
Tourist Accommodation
Y
Y
Vehicle Rental, Light
Y
Y
Winery
Y
Y
Industrial Uses:
Artisan Industrial
Y
Y
Industrial Use, Light Impact
Y
Y
Institutional Uses:
Ambulatory Surgery Centre
Y
Y
Community Service
Y
Y
Education Facility
Y
Y
Public Building or Facility
Y
Y
Utility Service
Y
Y
Cultural and Recreational:
Assembly Hall, including Religious Assembly
Y
Y
Community Garden
Y
Y
Y
Recreational Facility
Y
Y
Parks and Trails, Public
Y
Y
Y
Y
Parks, Private
Y
Y
Y
Other Uses:
Agriculture
Y
Y
Agriculture, Urban
Y
Y
Y
Recycling Depot
Y
Y
Y
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 200
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Use
Village
Central
East
Central
West
Western
Accessory Uses: (Subject to General Regulations)
One Secondary Suite per Single Family Dwelling unit
Y
Y
Y
One Secondary Dwelling per Single Family Dwelling unit
Y
Y
Y
One Residential Flex Unit per Multi-Family Dwelling unit
Y
Y
Y
Y
Bed and Breakfast
Y
Y
Boarding and Lodging
Y
Y
Caretaker Dwelling per commercial or industrial use
Y
Y
Home Occupation Uses
Y
Y
Y
Y
Outdoor Storage
Y
Y
Parking Facility
Y
Y
Primary Processing, Agriculture
Y
Y
*Units per hectares (upha)
**Units per acre (upa)
Density
1. Overall Density
The New Monaco neighbourhood property is approximately 50.58 hectares or 125 acres (505,857 m2
or 5,445,000 ft2).
The maximum permitted density shall not exceed:
a) 2.5 upha (1 upa) and the maximum floor area limited to 1,000 m2 and the maximum Floor
Area Ratio (FAR) limited to 0.00198 FAR across the entire 125 acre site or;
b) If amenity contributions have been paid in accordance with the District of Peachland
Community Amenity Contribution Policy; maximum densities shall be as provided below:
i.
55.35 upha (22.4 upa) up to a maximum of 2,800 residential units;
ii.
673,547 m2 (7,250,000 ft2) of which a maximum 23,690 m2 (255,000 ft2 ) may be
commercial, plus a 100 room tourist accommodation facility (50,000 ft2);
iii.
Max Floor Area Ratio (FAR) of 1.33 across the entire property.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 201
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Neighbourhood Unit Allocation:
Use
Village
Central
East
Central West
Western
Area
12.8 ha.
(31.65 ac.)
7.3 ha.
(17.96 ac.)
6.4 ha.
(15.78 ac.)
24.1 ha.
(59.65 ac.)
Residential Units
500
(1,250,000 ft2)
750
(1,875,000 ft2)
1210
(3,025,000 ft2)
40
(100,000 ft2)
Community Care Units
300
(150,000 ft2)
Commercial Uses
13,935 m2
(150,000 ft2)
Retail Uses
9,755 m2
(105,000 ft2)
Tourist Accommodation Use
(Hotel)
100
(50,000 ft2)
c) Notwithstanding this allocation, residential units can be increased by a maximum of 30% in any
subarea by transferring units from another subarea.
2. Use and Density Transfers
a) Notwithstanding the density limits in D.1 this zoning permits the discretionary ability to
exchange residential density for commercial density in the Central and Village
Neighbourhood Areas at a ratio of:
i.
One residential unit for 232.25 m2 (2,500 ft2) of commercial density to a zone-wide
aggregate limit of 55,740m2 (600,000 ft2);
ii.
One residential unit for five (5) Community Care Facility units up to a zone-wide
aggregate maximum of 800 units (400,000 ft2); and/or
iii.
One residential unit of density for five (5) tourist accommodation rooms to a zone-
wide aggregate maximum of 500 tourist accommodation rooms (250,000 ft2).
b) Commercial density may not be converted to residential density.
c) Any use and density exchange shall occur at the point of issuance of a Development Permit
and be recorded by the District of Peachland, to be held against the total amount of density
allowed. Applicants for development shall provide a current density residual calculation for
New Monaco with their application to allow the District of account for the density allocated
current to the application date. Applicants will be responsible for the costs associated with
preparation and registration of any related covenant documents.
d) Council approval for the resultant change in land use density is not required in accordance
with the permission granted in this clause.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 202
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
3. Density Exemptions
The following areas shall be excluded from density calculations:
a) Basements or crawlspaces less than 1.524 metres (5 feet) clear height from floor to ceiling
b) Unenclosed balconies or decks;
c) Areas used as an accessory use for parking within the building envelope, or underground
parking, except where parking is the principle use of the lot, whereupon those areas which
are used for parking within the outermost walls of a building or underground shall be
counted in the calculation; and
d) Undevelopable areas.
Affordable Housing and Amenity Contributions
1. Affordable Housing
For the term of the New Monaco Phased Development Agreement Affordable Housing shall be
provided in accordance with that document. Upon expiry or cancellation of any subsequent
Phased Development Agreement the District of Peachland Official Community Plan and Housing
Action Plan, as amended will be applicable.
2. Amenity Contributions
Community Amenity Contributions shall be paid in accordance with the District of Peachland
Community Amenity Contribution (CAC) Policy, as amended.
General Land Use Regulations
1. Minimum Residential Size
The minimum size of a residential unit shall not be less than 46.45 m2 (500 ft2), unless it is a
residential flex unit associated with a larger unit in which case the gross floor area of the unit shall
be not less than 23.23 m2 (250 ft2) and not more than 37.16 m2 (400 ft2).
2. Determination of Unit Count
Secondary Suites and Residential Flex Units are considered to be an accessory use to primary
dwelling unit and are not counted against the total neighbourhood unit allocation allowed in this
CD zone.
3. Other General Regulations
The General Regulations contained in the District of Peachland Zoning Bylaw will apply to all
accessory uses.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 203
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Building Height
1. Height Measurement
Building height shall be measured from the natural grade to the highest point on the roof surface
excluding the projection of chimneys, roof vents, tacks, heating and ventilation, and air
conditioning equipment and stairwells.
2. Exemptions to Building Height
a) Building heights shall apply to habitable building floors only; floors required for structured
parking facilities under habitable building floors are not counted in the building storey height
limits.
b) Roof gardens and landscape structures associated with weather protection, playground
equipment or public art are exempt from heights provided they do not extend more than 3.5
metres (11.5 feet) above the roof surface at their location.
c) Screened equipment shall not be included in the calculation of building height except within
the central area where buildings adjacent Hwy 97C as noted in the height limit diagram -
Map 4, where no building shall exceed the pavement level of Hwy 97C. Exempt equipment
may include, but is not limited to, elevator penthouses, heating, cooling, ventilation and
mechanical equipment, provided they are completely screened using materials consistent
with the design of the building and do not extend more than 5.5 m (17.8 feet) above the
highest point of any roof surface.
3. Height limits
a) Single Family and duplex dwellings shall not exceed 9.1 metres (30 feet);
b) Low Density Multiple Family dwellings shall not exceed 12 metres (40 feet);
c) Above ground parking structures shall not exceed those identified in Maps 3 to 5 and the
associated tables below. Heights in storeys do not include structured parking, no more than
which 3 storeys may be above ground. Heights in metres include any above ground parking
structures. Active uses at the ground floor level shall screen any above ground parking
structures.
d) Structures containing only parking facilities shall be no higher than 24 metres (78.7 feet) or
6 storeys. Active uses at the ground floor level shall screen the parking structure from view;
parked vehicles shall not be visible from the ground floor level of directly fronting streets.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 204
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
e) All other uses shall not exceed the maximum number of storeys and heights set out in map
3 to 5 and the Site Coverage table in section H.
Map 3 - Height limits for Village subarea:
Height zone
Description
Storeys
Meters
A
Frontage along Highway 97
except for Tourist Accommodation
(Hotel) site at eastern edge
4 - above parking
structures
26
B
Central commercial village mixed
use area
6 - above parking
structures
34
C
Higher density residential,
commercial, tourist
accommodation (excluding bed
and breakfast), mixed use area
10 - above parking
structures
49
A
B
C
C
Hwy 97C
Hwy 97
Diagram 1:
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 205
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Map 4 - Height limits for Central subarea:
Height zone
Description
Storeys
Meters
D
Frontage along Highway
97
4 - above parking
structures
26
E
Central , primarily
residential area
6 - above parking
structures
34
F
Higher density residential
and mixed use area under
Hwy 97C view protection
zone
Building structure,
including rooftop
mechanical equipment
and screening, not to
exceed height of
pavement of Hwy 97C
measured perpendicular
to building parcel.
Various
G
Higher density residential
and mixed use adjacent
Drought Creek corridor.
10 - above parking
structures
49
D
F
E
G
H
H
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 206
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Map 5 - Height limits for Western Subarea:
Height zone
Description
Storeys
Meters
H
Any developable site in
western area
4 - above parking
structures
26
Site Coverage
The following site coverage limits shall control lower density residential development in this CD zone:
Single Family Residential
40%
Duplex
40%
Low Density Multiple Residential
45%
Site coverage for Medium Density Residential, High Density Residential, Commercial, Artisan Industrial,
Parking and all other uses shall be governed by setbacks as set out in section I.
Setbacks
Buildings or structures shall be sited in accordance with the following minimum setbacks:
Lot line
Uses or structures
Setback
Any lot line that abuts Highway
97 or 97C
All uses or structures
4.5 m
Front lot line or flanking street
All other uses
0.0 m
Residential uses
Min 3.0 m
Front lot line or flanking street,
Vertical separation
Residential uses
Min. 0.5 m vertical between the
sidewalk and the building entry
floor elevation.1.
Side lot line
Parking Facility, below grade
0.0 m
Parking above grade, adjacent
another parking structure
0.0 m
Parking above grade, adjacent a
non-parking use
Min 2.0 m
Residential buildings facing the
front or rear
Min 2.0 m
Commercial, artisan industrial,
and all other uses
0.0 m
H
H
H
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 207
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Rear lot line
Single Family or Duplex
Min 6.0 m
Multiple Residential uses
Min 3.0 m
Commercial, recreational,
cultural, institutional and parking
uses
0.0m
Upper Storey setbacks from
front lot line abutting a road
Between 2 to 4 storeys
Min 3.0 m
Between 5 to 8 storeys
Min 5.0 m2.
Buildings face-to-face across a
road at street level
Between 2 to 10 storeys
Min. 24.0 m
Buildings face-to-face where
directly adjacent
Between 3 to 10 storeys
Min. 25.0 m3.
1. Residential uses contained in a multi-storey structure shall be accessed by a grade differentiation
of a minimum of .5 m (19.5 inches) between the sidewalk and the primary internal living space,
where the internal space shall always be located at a higher elevation than the sidewalk.
2. Where all buildings along a road frontage are limited to 2 to 4 storeys the first vertical setback may
be reduced at the corners of blocks to a maximum of 30% of the total frontage length to provide
variation in building heights.
3. The total distance between residential facades with primary living space facing other residential
facades in neighbouring buildings shall be 25 metres for all storeys above the 3rd storey.
Distances between Permitted Uses
Land uses shall be sited in accordance with the following minimum distances between uses, where the
distance is measured between primary entrance doors on the street of address of each use:
Land Use #1
Land Use #2
Setbacks
A residential-primary Building
(residential uses comprise 90%
or greater of building area)
Liquor Primary Uses and
Alcohol Manufacturing Uses
Village Area: 50 m (~164 feet)
Central and Western Area: 100
m
Outdoor Food and/or Liquor
Primary Uses (i.e. patios)
operating after 10 pm
Village Area: 100 m
Central and Western Area: 150
m
Entertainment Uses
100 m (~328 feet)
Agricultural Uses, except urban
agriculture
30 m (~98 feet)
Light Industrial Uses -
exempting Artisan Industrial
Uses
30 m (~98 feet)
Education Facility serving
children or youth
Liquor Primary Uses and
Alcohol Manufacturing Uses
50 m (~164 feet)
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 208
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Other Setback Conditions
1. Hospitality Precinct
Notwithstanding controls on food and alcohol services in this zone, a subarea classified as a
'Hospitality Precinct' identified through the Development Permit process may maintain food and
alcohol services at all times within the buildings(s) subject to provincial liquor controls.
2. Waste Management
a) Waste storage systems that eliminate negative odors must be implemented for all organic
waste management systems or other wastes that emit negative odors in order to ensure
that there are no negative impacts from waste storage on neighbouring properties.
b) Garbage containers and passive recycling containers shall be screened to a minimum
height of 2.5 metres (8 feet) by buildings, a landscaping screen, a solid decorative fence or
a combination thereof.
3. Outdoor Storage
a) All garbage, materials, equipment or other elements related to the operation of a building, if
stored outside, shall be stored in a screened location so as to provide no negative impact to
the public realm. Screening shall be provided in accordance with the requirements of the
District of Peachland Zoning Bylaw and/or Unsightly Premises Bylaw as applicable.
b) Outdoor storage and work areas shall be screened to a minimum height of 2.5 metres (8
feet) by a building, structure, solid decorative fence and/or landscaping.
4. Traffic Management
a) Deliveries and loading may only occur during the times when a business may make noise
associated with the regular operation of their business.
b) Idling over 60 seconds shall be prohibited in this zone between the months of April and
September inclusive, regardless of District of Peachland Policy stipulated elsewhere.
Multi-family Residential Amenity Area Requirements
1. Indoor Amenity Space
All residential buildings or strata developments containing greater than 20 units shall provide an
amenity area of not less than 18.5 m2 (200 ft2) contiguous space with at least one dimension being
a minimum of 3 meters (10 feet) for the first 20 units and an additional .93 m2 (10 ft2) for each
additional unit to a maximum of 46.5 m2 (500 ft2) at which size the minimum dimension shall be 6
meters (20 feet).
Indoor Amenity space shall be maintained and operated as such, exclusive of any areas for
maintenance, storage or property management offices and kept open to residents of the building
or strata development at all reasonable times.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 209
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
2. Private Outdoor Space
A minimum area of private outdoor space shall be provided as follows per dwelling unit:
Residence Type
Area
Bachelor dwelling or
Community Care Facility unit
7.0 m² (75 ft2)
One Bedroom
12.0 m² (129 ft2)
Two Bedrooms or more
18.0 m² (194 ft2)
At least one dimension shall measure a minimum of 1.8 metres (6 feet) in length.
Such private outdoor space shall be excluded from the calculation of the Floor Area Ratio (FAR).
Off-Street and Shared Parking
Off-street parking shall be in accordance with the District of Peachland Zoning Bylaw except as follows:
1. Shared Parking
a) Parking required for any commercial, cultural, recreational or institutional use is not required
to be within the building or parcel associated with the land use for which the parking is to be
provided for, however:
i.
Parking must be provided within 200 metres (656.17 feet) of the building associated
with that use;
ii.
Parking may be shared amongst all commercial uses within the same parking area
and therefore, a percentage of no more than 50% of the required parking for any
commercial, cultural, recreational or institutional use can be reserved for that entity
alone, the remainder shall be made available for general use; and
iii.
Where centralized shared parking is provided for non-residential uses, a reduction of
50% in parking supply requirements shall be allowed for uses that have evenings as
the primary time of use including:
i.
Food Primary Eating Establishments;
ii.
Liquor Primary Establishments; or
iii.
Entertainment and Production Uses.
b) Unpaved parking areas shall be allowed for parking areas deemed to be temporary during
development.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 210
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
2. Bicycle Parking/Storage
Bicycle storage shall be provided as follows:
a) For commercial buildings: 1 bicycle rack per every 185.8 m2 (2,000 ft2) of floor area; located
within 30.5 metres (100 feet) of the primary entrance;
b) For medium and high density residential buildings 1.0 bicycle storage space shall be
provided within the building per residential unit.
3. Commercial Uses in Parking Areas
Temporary commercial uses of parking areas is allowed for Temporary Markets and Vendors or
other such temporary commercial, cultural or recreational uses so long as the area of temporarily
displaced parking uses does not reduce the total supply of non-residential parking in the subarea
by more than five percent (5%).
All events shall be conducted in accordance with the District of Peachland Special Events Bylaw
Number 939, 1985 as amended.
4. Landscaping
a) All portions of the lot not covered by buildings, structures or paved areas shall be
landscaped, including the retention of existing mature trees. This landscaping shall be
maintained; and
b) The boulevard areas of highways abutting a lot shall be seeded or sodded with grass on the
side of the highway abutting the lot, except driveways.
Development Permit Requirements
Prior to approval of any development in this zone, Development Permit Guidelines specific to the New
Monaco Development Permit Area shall be adopted into the District of Peachland Official Community
Plan.
Other Land Use Regulations
Land use regulations including the following are applicable to all development in the CD10 Zone:
1. Prior to any use, lands must be serviced as set out in the District of Peachland Subdivision and
Development Servicing Bylaw and/or the Phased Development Agreement for the New Monaco
Development.
2. General provisions on use as set out in the District of Peachland Zoning Bylaw are applicable.
3. Parking requirements as set out in the District of Peachland Zoning Bylaw are applicable.
4. Sign regulations as set out in the District of Peachland Sign Bylaw are applicable.
5. Building Permits will be issued as set out in the District of Peachland Building Bylaw and the
District of Peachland Development Cost Charges Bylaw.
6. Development Permits will be required in accordance with the District of Peachland Official
Community Plan.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 211
CD10 Zone - New Monaco Neighbourhood
District of Peachland
CD10
Subject Property
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 212
CD11 Zone - Todd's Resort
District of Peachland
CD11
8.10 CD11 ZONE - TODD'S RESORT
Intent: To provide a zone for integrated residential and tourism development based on a comprehensive
plan.
Uses Permitted
.1 The following uses and no other shall be permitted in the
CD11 Zone:
Principal Uses
.1 Dwellings, Multiple-Unit Residential
.2 Dwellings, Single Detached
.3 Tourist Accommodation
.4 Vacation Resort Residential
Accessory Uses
.2 The following uses and no others shall be permitted as
accessory to the principal uses in the CD11 Zone:
.1 Home Based Business, Type I (Minor) and Type II
(Major), subject to Part 5 of this Bylaw.
Lot Area
.3 The minimum lot area shall be 16,500 m2 (177,604 ft2).
Lot Dimensions
.4 The minimum lot dimensions on future subdivision shall be:
Width
15.0 m (49.2 ft)
Depth
30.0 m (98.4 ft)
Density
.5 The maximum Floor Area Ratio (FAR) shall be 0.55.
Lot Coverage
.6 Maximum lot coverage for all buildings and structures shall
be 30%.
Setback Requirements
.7 Minimum setback requirements from lot perimeter shall be:
Multi-Unit Buildings - Minimum Front Setback (m)
Building
(from
south to
north)
Storey
1
2
3
4
5
6
Bldg 1
6 m
9 m
12 m
15 m
18 m
21 m
Bldg 2
23 m
26 m
29 m
32 m
35 m
38 m
Bldg 3
37 m
40 m
43 m
46 m
49 m
52 m
Bldg 4
38 m
41 m
44 m
47 m
50 m
53 m
Bldg 5
34 m
37 m
40 m
43 m
46 m
49 m
Bldg 6
30 m
33 m
36 m
39 m
42 m
45 m
Multi-Unit Building - All Storeys (m)
Rear
4.5 m (14.8 ft)
Interior Side Yard
1.5 m (4.9 ft)
Exterior Side Yard
4.5 m (14.8 ft)
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 213
CD11 Zone - Todd's Resort
District of Peachland
CD11
Accessory Buildings
Front Yard
6.0 m (19.7 ft)
Rear Yard
4.5 m (14.8 ft)
Interior Side Yard
1.5 m (4.9 ft)
Exterior Side Yard
4.5 m (14.8 ft)
Single Detached Buildings
Front Yard
6.0 m (19.7 ft)
Rear Yard
54.0 m (177.1 ft)
Interior Side Yard
1.5 m (4.9 ft)
Exterior Side Yard
4.5 m (14.8 ft)
Height
.8 Maximum building heights are as follows:
Dwellings, Multiple-Unit Buildings
25.0 m (82.0 ft)
Dwellings, Single Detached Buildings
7.5 m (24.6 ft)
Accessory Buildings and Structures
7.5 m (24.6 ft)
Off-street Parking
.9 All off-street parking shall be provided as described in Part
6 - Parking and Loading of this Zoning Bylaw except:
.1 Minimum number of visitor parking stalls shall be 16.
.2 Minimum number of boat parking stalls shall be 8.
.3 Boat parking stalls shall be a minimum 7.0 m (23.0 ft)
deep by 3.0 m (9.8ft) wide.
.4 Minimum number of motorcycle parking stalls shall be
six.
Landscaping and Screening
.10 Landscaping and screening shall be provided as described
in Part 5 of this Zoning Bylaw except:
.1 Boat parking spaces shall be screened from adjacent
properties with a landscaping buffer or fencing
minimum of 1.8 m (6.0 ft) tall.
Other Regulations
.11 Garbage containers, passive recycling containers, loading
and parking areas must be screened to a height of 2.1 m
(7.0 ft) from the ground up. This may include the use of a
landscape screen, natural vegetation or a solid decorative
fence or any combination thereof. In ground waste storage
systems do not require screening.
.12 Minimum Net Floor Area of each dwelling shall be 50 m2
(538.0 ft2).
.13 Minimum separation between buildings shall be 3.0 m (9.8
ft).
.14 The proposed development shall be subject to and comply
with all approved development permits.
District of Peachland Zoning Bylaw No. 2400 - Part 8 | Page 214
Table of Amendments: Zoning Bylaw No. 2400
(For convenience only; see amendment bylaw for further details)
Subject Property
File
No.
Bylaw
No.
Adopted
Text or
Map
Summary of Contents
4641 Princeton
Avenue
Z22-05
2373
August 29, 2023
Map
Rezone from Rural Residential (RR1) to
Multi-unit Residential - Medium Density
(RM4)
6575 and 6650
Renfrew Road
Z22-03
2376
September 12,
2023
Map
Rezone to Single Detached Residential
(R1), Two Unit Residential (R2), Multi-
Unit Residential (RM2), and Parks and
Open Space (P1)
6785 Thorne Road
Z22-04
2368
November 14, 2023
Map
Rezone from Rural Residential (RR1) to
Single Detached Residential (R1)
District of Peachland
Z24-03
2422
June 25, 2024
Text and
Map
Small-scale, Multi-unit Housing (SSMUH)
amendment as provincially mandated
4426, 4440, 4444,
and 4450 5th Street
(now: 4444 5th
Street)
Z22-02
2372
August 27, 2024
Map
Rezone from Single Detached
Residential (R1) and Public Institutional
(P2) to Mixed Use (CR1) for Phase 2 of
the Peachland Seniors' Support Society
affordable housing project
All Ponderosa lands
Z23-02
2392
September 10,
2024
Text
Rezone from CD7 Zone - Ponderosa
Community to new version of CD7
6137 and 6147
Lipsett Avenue
Z23-03
2401
September 24,
2024
Map
Rezone from Rural Residential (RR1) to
Multi-unit Residential - Medium Density
(RM4)
4607 Princeton
Avenue
Z20-02
2333
January 14, 2025
Map
Rezone from Rural Residential (RR1) to
Multi-unit Residential - Medium Density
(RM4)
5601 Wild Goose
Street
Z24-07
2430
February 25, 2025
Map
Rezone from Multi-unit Residential -
Medium Density (RM4) and Low Density
Residential (R1) to Public/Institutional
(P2)
4062 Beach Avenue
Z24-05
2426
July 8, 2025
Text and
Map
Rezone from Multi-unit Infill Residential
(RM2) to Beach Avenue Mixed Use
(CR3), including site-specific text
amendment to restrict commercial use
District of Peachland
Z25-01
2450
March 24, 2026
Text
Re-establish underlying zoning to
support part wall subdivision in R1 and
RM2 zones
District of Peachland
Z26-01
2449
April 28, 2026
Text
Housekeeping updates and minor
regulatory changes following previous
Small-scale, Multi-unit Housing (SSMUH)
amendment.